J.P. v. City of Stockton

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- J.P., a minor, by and through No. 2:21-CV-00788 WBS AC CHANNY SOK-HANG as guardian, Plaintiff, v. CITY OF STOCKTON, STOCKTON POLICE DEPARTMENT, STANLEY MCFADDEN, JORGE ANDRADE and DOE 1 to 10, 18 Defendants.

20 ----oo0oo---- 21 STATUS (PRETRIAL SCHEDULING) ORDER 22 After reviewing the parties’ Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for June 6, 2022, and makes the following findings and orders without needing to consult with the parties any further.

26 I. SERVICE OF PROCESS 27 All defendants have been served, and no further service is permitted without leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b).

2 II. JOINDER OF PARTIES/AMENDMENTS 3 The parties do not anticipate further amendment to the pleadings, but because defendants represent that they have not seen plaintiff’s Fourth Amended Complaint at the time of filing the Joint Status Report, defendants may reserve the right to move, plead, or otherwise respond to it as may be appropriate.

8 Otherwise, no further joinder of parties or amendments to pleadings will be permitted except with leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 12 (9th Cir. 1992).

13 III. JURISDICTION/VENUE 14 Jurisdiction is predicated upon federal question, 28 15 U.S.C. § 1331, because plaintiff asserts claims arising under the United States Constitution and the following laws of the United States: 42 U.S.C. § 1983; Rehabilitation Act, 29 U.S.C. § 701; and the Americans with Disabilities Act, 42 U.S.C. § 12101.

19 Venue is undisputed and hereby found to be proper.

20 IV. DISCOVERY 21 Defendants served initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) on May 9, 2022. The parties agreed plaintiff would serve his initial disclosures by May 24, 2022 and the court has not been notified that plaintiff failed to do so. (Joint Status Report at 4 (Docket No. 50).)

26 The parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than September 18, 2023. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before October 16, 2023.

4 All discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by November 13, 2023. The word “completed” means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge’s calendar in accordance with the local rules of this court and so that such motions may be heard (and any resulting orders obeyed) not later than November 13, 2023.

15 V. MOTION HEARING SCHEDULE 16 All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before January 8, 2024. All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for noticing and opposing such motions on the court’s regularly scheduled law and motion calendar.

23 VI. FINAL PRETRIAL CONFERENCE 24 The Final Pretrial Conference is set for March 25, 2024, at 1:30 p.m. in Courtroom No. 5 or via videoconference.

26 The Courtroom Deputy will notify the parties prior to the Conference whether the Conference will be held in person of via videoconference. The conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties.

3 Counsel for all parties are to be fully prepared for trial at the time of the Pretrial Conference, with no matters remaining to be accomplished except production of witnesses for oral testimony. Counsel shall file separate pretrial statements, and are referred to Local Rules 281 and 282 relating to the contents of and time for filing those statements. In addition to those subjects listed in Local Rule 281(b), the parties are to provide the court with: (1) a plain, concise statement which identifies every non-discovery motion which has been made to the court, and its resolution; (2) a list of the remaining claims as against each defendant; and (3) the estimated number of trial days.

15 In providing the plain, concise statements of undisputed facts and disputed factual issues contemplated by Local Rule 281(b)(3)-(4), the parties shall emphasize the claims that remain at issue, and any remaining affirmatively pled defenses thereto. If the case is to be tried to a jury, the parties shall also prepare a succinct statement of the case, which is appropriate for the court to read to the jury.

22 VII. TRIAL SETTING 23 The jury trial is set for June 4, 2024 at 9:00 a.m. The parties estimate that the trial will last 14 days.

25 VIII. SETTLEMENT CONFERENCE 26 The parties agree that a settlement conference with the magistrate judge would be appropriate after the close of discovery, and they may “engage in private attempts to resolve eee eee NO ED NE this lawsuit before then.” If a settlement has not been reached by the time of the Final Pretrial Conference, a Settlement Conference with a magistrate judge will be set at that time.

4 Counsel are instructed to have a principal with full settlement authority present at the Settlement Conference or to be fully authorized to settle the matter on any terms. At least seven calendar days before the Settlement Conference counsel for each | party shall submit a confidential Settlement Conference Statement for review by the settlement judge. The Settlement Conference 10 Statements shall not be filed and will not otherwise be disclosed 11 to the trial judge.

12 IX. MODIFICATIONS TO SCHEDULING ORDER 13 Any requests to modify the dates or terms of this 14 Scheduling Order, except requests to change the date of the 15 trial, may be heard and decided by the assigned Magistrate Judge.

16 | All requests to change the trial date shall be heard and decided 17 only by the undersigned judge.

18 IT IS SO ORDERED.

19 | Dated: May 27, 2022 bette 2d. □□ 20 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE