Sutherland v. City of Stockton

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- KAREN SUTHERLAND, as mother No. 2:21-cv-01855 WBS AC of decedent; ERICA BELATTI, Guardian Ad Litem for S.S., son of decedent, and as a successor in interest to the deceased; and D.S. daughter of decedent, and as a successor in interest to the deceased, 17 Plaintiffs, 18 v. CITY OF STOCKTON; OFFICER RONALD ZALUNARDO, in his individual and official capacity; OFFICER JOHN AFANASIEV, in his individual and official capacity; CHIEF ERIC JONES, in his individual and official capacity; and DOES 1-5, inclusive, 24 Defendants.

26 ----oo0oo---- 27 STATUS (PRETRIAL SCHEDULING) ORDER 28 After reviewing the parties’ Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for July 18, 2022, and makes the following findings and orders without needing to consult with the parties any further.

4 I. SERVICE OF PROCESS 5 All named 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).

8 II. JOINDER OF PARTIES/AMENDMENTS 9 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 13 (9th Cir. 1992).

14 III. JURISDICTION/VENUE 15 Jurisdiction is predicated upon 28 U.S.C. §§ 1331 and 1343(a), because plaintiffs assert claims for violations of constitutional rights under 42 U.S.C. § 1983. Pursuant to 28 18 U.S.C. § 1367, the court has supplemental jurisdiction over plaintiffs’ state law claims, which arise from the same course of conduct as plaintiffs’ federal claims. Venue is undisputed and hereby found to be proper.

22 IV. DISCOVERY 23 The parties agree to serve the initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) on or before July 18, 2022.

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 22, 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 20, 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 17, 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 17, 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 16, 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.1 VI. FINAL PRETRIAL CONFERENCE 24 The Final Pretrial Conference is set for April 8, 2024, The parties noted in their Joint Status Report that they stipulate to a briefing schedule for dispositive motions different than the one in the Local Rules. The court does not address the stipulation at this time. However, the parties can file any necessary stipulation when a motion is filed.

1 at 1:30 p.m. in Courtroom No. 5 or via videoconference. The Courtroom Deputy will notify the parties prior to the Conference whether it will be held in person or 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.

7 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.

19 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.

26 VII. TRIAL SETTING 27 The jury trial is set for June 4, 2024 at 9:00 a.m. The parties estimate that the trial will last eight to ten days. nn ee enn enn nnn nnn nn nnn nn nnn ne oe I IED NE VIII. SETTLEMENT CONFERENCE 2 A Settlement Conference with a magistrate judge will be set at the time of the Pretrial Conference. 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 Statements 10 shall not be filed and will not otherwise be disclosed to the 11 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: July 12, 2022 dtd, ak. Leg. KE 20 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE