1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD ISAAC PEASE, II, Case No. 2:24-cv-02189-CSK 12 Plaintiff, 13 v. PRETRIAL SCHEDULING ORDER AND ORDER DISMISSING DOE DEFENDANTS 14 COUNTY OF NEVADA, et al., 15 Defendants. 16 17 READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES THAT 18 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND 19 PARTIES, INCLUDING THOSE PROCEEDING WITHOUT COUNSEL, MUST COMPLY. 20 FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN THE 21 IMPOSITION OF MONETARY AND ALL OTHER APPROPRIATE SANCTIONS. 22 On January 7, 2025, the Court conducted a status (pretrial scheduling) 23 conference in this matter. At the status conference, attorney R. Ellis Harper appeared on 24 behalf of Plaintiff, and attorney John Swafford appeared on behalf of Defendants. After 25 considering the parties’ joint status report (ECF No. 17), and the status conference held, 26 the Court issues the following pretrial scheduling order.1 27 1 This matter proceeds before the undersigned pursuant to

(c) on the 28 consent of all parties. (ECF Nos. 6, 7, 10.) 1 I. NATURE OF THE CASE2 2 Plaintiff’s Contentions: 3 Plaintiff was arrested on 7/06/23 after he posted a bail bond for a friend. The bail 4 bond was revoked as the defendant-friend had been released under bond through 5 'clerical error" attributed to the Nevada county Sheriff’s Office that administers the jail in 6 Nevada County. Plaintiff filed an appropriate tort claim on December 29, 2023, against 7 the public entities and the two officers they employ. On denial of the tort claim, plaintiff 8 filed his complaint in the Nevada County superior court on 6/28/23. The complaint seeks 9 relief for false arrest, false imprisonment, violation of

; a Bane Act 10 violation under Civil Code section 52.1; and a tort claim for intentional infliction of 11 emotional distress. On July 17, 2024, the defendants: Nevada County, Nevada County 12 Sheriff's Office, and Sheriff, Shannon Moon, were served with the complaint. The 13 defendants retained counsel, and the matter was removed to federal court on August 15, 14 2024. Plaintiff filed a motion to remand the cause to state court, with hearing set for 15 October 29, 2024. 16 Defendants’ Contentions: 17 Defendants contend that while searching for an outstanding felony suspect, 18 Plaintiff knowingly withheld information as to the suspect, his friend, and secreted his 19 location from law enforcement. Defendants contend that Plaintiff directed the suspect to 20 flee the residence to evade apprehension. Defendants contend that probable cause 21 existed to arrest Plaintiff for harboring the suspect and obstructing the deputies, among 22 other potential crimes. Defendants contest all other facts alleged by Plaintiff relating to 23 liability and damages at this time, and deny all liability as to the federal and state claims 24 alleged in Plaintiff’s Complaint. 25 II. SERVICE OF PROCESS, JOINDER OF PARTIES, PLEADINGS AMENDMENT 26 All named Defendants have been served and have answered the Complaint. 27 2 For the “nature of the case” statement, the parties’ contentions in the November 11, 28 2024 status report are provided. 1 (ECF No. 17 at 4.) No further service, joinder of parties, or amendments to pleadings is 2 permitted except with leave of Court, and only after good cause is shown. 3 Currently, one hundred (100) Doe Defendants are named in the Complaint. (See 4 ECF No. 1 at 4.) The inclusion of such “Doe” defendants is generally disfavored in the 5 Ninth Circuit. Soo Park v. Thompson,

, 928 n.21 (9th Cir. 2017) (citing 6 Gillespie v. Civiletti,

(9th Cir. 1980)). In addition, in the parties’ Rule 7 26(f) report, Plaintiff indicates that “[a]ll defendants were served with the complaint filed 8 in state court. There are no other named defendants. This matter is fully at issue.” (ECF 9 No. 17 at 4.) At the scheduling conference, Plaintiff also confirmed that dismissal of the 10 Doe Defendants was appropriate. The Doe Defendants are hereby DISMISSED from 11 this case, and should Plaintiff wish to amend to add additional named defendants after 12 discovering their identities, Plaintiff may file a motion to amend and submit this motion 13 for the Court’s review. No further service, joinder of parties, or amendments to pleadings 14 is permitted except with leave of Court, and only after good cause is shown. 15 III. JURISDICTION/VENUE 16 The parties assert that the Court has federal question jurisdiction (ECF No. 17 at 17 4), which is found to be proper. Venue is proper and undisputed. (Id.) 18 IV. DISCOVERY DEADLINES AND PROCEDURES FOR DISCOVERY DISPUTES 19 A. Initial Disclosures 20 The parties agreed to exchange Rule 26 Initial Disclosures on or before 21 December 20, 2024 by agreement. (ECF No. No. 17 at 4.) At the scheduling 22 conference, parties confirmed initial disclosures were exchanged as agreed. 23 B. Joint Mid-Discovery and Mediation Status Statement 24 By May 30, 2025, all parties shall file with the Court a Joint Mid-Discovery 25 Statement summarizing the current status of discovery efforts. This statement shall 26 include discovery completed to date and identification of issues, if any, preventing 27 discovery from proceeding in a timely manner. The filing of this statement shall not 28 relieve the parties or counsel of their obligations to meet and confer, comply with the 1 deadlines set by the Court, and comply with the discovery procedures set by the Court. 2 C. Non-Expert Discovery 3 All non-expert discovery shall be completed by October 13, 2025. “Completed” 4 means (1) all non-expert discovery shall have been conducted, including written 5 discovery and depositions taken, and (2) any disputes related to discovery shall have 6 been resolved by appropriate order if necessary and, where discovery has been 7 ordered, the order has been complied with. Any discovery-related motions must conform 8 to the requirements of the Federal Rules of Civil Procedure, this Court’s Local Rules,3 9 including Local Rule 251, and Judge Kim’s Civil Standing Orders.4 Judge Kim hears civil 10 motions on Tuesdays at 10:00 a.m. 11 D. Expert Discovery 12 The parties shall disclose any expert witnesses in accordance with Federal Rule 13 of Civil Procedure 26(a)(2) no later than November 3, 2025. Any rebuttal expert 14 disclosures shall be made in accordance with Fed. R. Civ. P. 26(a)(2) no later than 15 December 19, 2025. Expert disclosures shall be served upon all parties. All expert 16 discovery shall be completed by January 16, 2026. “Completed” means (1) all expert 17 discovery shall have been conducted, including depositions taken, and (2) any disputes 18 related to expert discovery shall have been resolved by appropriate court order if 19 necessary and, where discovery has been ordered, the order has been complied with. 20 The same procedures for discovery disputes applies to non-expert and expert discovery. 21 An expert witness not timely disclosed will not be permitted to testify unless the 22 party offering the expert witness demonstrates that the failure was substantially justified 23 or is harmless. See Fed. R. Civ. P. 37(c). Upon discovery of any such expert witness, 24 3 The Local Rules of the United States District Court for the Eastern District of 25 California are available on the district court’s website: 26 https://www.caed.uscourts.gov/caednew/index.cfm/rules/local-rules/.

27 4 Judge Kim’s Civil Standing Orders are available on Judge Kim’s webpage on the district court’s website: https://www.caed.uscourts.gov/caednew/index.cfm/judges/all- 28 judges/united-states-magistrate-judge-chi-soo-kim-csk/. 1 the party offering the late disclosed expert witness must promptly notify all parties in 2 writing, promptly make the expert witness available for deposition, and promptly notify 3 the Court in a written filling. This filing must include the case deadlines for expert 4 disclosures, expert discovery cut-off, dispositive motions, final pretrial conference, and 5 trial. Failure to timely provide the information required by Fed. R. Civ. P. 26(a)(2) may 6 lead to preclusion of the expert’s testimony or other appropriate sanctions. See Fed. R. 7 Civ. P. 37(c). 8 E. Discovery Disputes 9 Prior to filing any discovery-related motions, the parties are required to meet and 10 confer in good faith in an attempt to resolve their discovery disputes informally and 11 without Court intervention. Such meet and confer shall take place in person, by 12 telephone, or by video. The mere exchange of letters or e-mails alone is not sufficient. 13 As part of their joint statement related to a discovery motion submitted pursuant to Local 14 Rule 251, the parties shall also specifically outline: (a) what meet-and-confer efforts were 15 taken, including when and where such discussions took place, who participated, how the 16 parties’ disputes were narrowed as a result of such discussions; and (b) a summary of 17 discovery completed to date. Failure to comply with these requirements may result in 18 summary denial of any discovery motion. 19 The Court strongly encourages the use of informal telephonic discovery 20 conferences with the Court in lieu of formal discovery motion practice. The procedures 21 and conditions for requesting and conducting such an informal telephonic discovery 22 conference are set forth in Judge Kim’s Civil Standing Orders. In addition, and subject to 23 availability, the Court will rule on disputes encountered during oral depositions. If a 24 dispute arises during the deposition, the parties may contact Judge Kim’s Courtroom 25 Deputy at (916) 930-4187 to inquire regarding Judge Kim’s availability. However, the 26 parties are cautioned that these informal procedures are not to be abused, and the Court 27 may impose appropriate sanctions. 28 / / / 1 V. MOTIONS 2 All pretrial law and motion, including motions for summary judgment under Fed. 3 R. Civ. P. 56, shall be filed by February 17, 2026 and heard by March 24, 2026.5 4 Dispositive motions must be filed following the procedures of Local Rules 230 and 5 260, and Judge Kim’s Civil Standing Orders. Counsel and parties proceeding without 6 counsel should pay particular attention to the rules for Statements of Undisputed Facts 7 for motions for summary judgment, cross motions for summary judgment, and general 8 brief requirements in the Local Rules and Judge Kim’s Civil Standing Orders. If both 9 Plaintiff and Defendant intend to file motions for summary judgment, the parties must 10 follow the schedule and requirements set out in Judge Kim’s Civil Standing Orders for 11 cross motions for summary judgment.6 Judge Kim generally hears civil motions on 12 Tuesdays at 10:00 a.m. This paragraph does not apply to motions for continuances, 13 motions in limine related to trial, temporary restraining orders, or other emergency 14 applications, for which the Court may set a special briefing schedule, if necessary or 15 appropriate. 16 All purely legal issues are to be resolved by timely pretrial motion. The purpose of 17 law and motion is to narrow and refine the legal issues raised by the case, as well as to 18 dispose of those issues that can be resolved by pretrial motion. Motions in limine should 19 address trial-related issues, such as the admissibility of evidence. The Court will look 20 with disfavor upon dispositive motions or other substantive legal motions presented as 21 motions in limine at the time of trial. 22 VI. SETTLEMENT CONFERENCE 23 The parties are scheduled to participate in a settlement conference on February 24 5 Pursuant to Local Rule 230(b), a motion set for hearing on March 24, 2026 must be 25 filed by February 17, 2026, which is 35 days before the hearing date. Please note that 26 Judge Kim has a separate schedule for cross motions for summary judgment, which is set out in her Civil Standing Orders. 27 6 Pursuant to Judge Kim’s Civil Standing Orders, if both Plaintiff and Defendant intend to file motions for summary judgment, Plaintiff’s opening summary judgment motion must 28 be filed by February 3, 2026. 1 7, 2025 with Magistrate Judge Carolyn Delaney. 2 VII. FINAL PRETRIAL CONFERENCE AND TRIAL 3 The final pretrial conference is set for July 21, 2026 at 10:00 a.m. and trial is set 4 for August 24, 2026 at 9:30 a.m. in in Courtroom No. 25 before United States Magistrate 5 Judge Chi Soo Kim. Trial counsel must appear at the final pretrial conference. At the 6 final pretrial conference, the Court will set the deadlines for other trial-related deadlines, 7 including the submission of exhibits. 8 A. Meet and Confer 9 At least 28 days before the final Pretrial Conference, lead counsel who will try the 10 case shall meet and confer with respect to the following subjects: (1) settlement of the 11 case; (2) preparation of the joint pretrial filings; and (3) clarifying and narrowing the 12 contested issues for trial. Counsel in close geographical proximity are encouraged to 13 meet in person. 14 B. Joint Pretrial Statement 15 The parties shall file a joint pretrial statement pursuant to Local Rule 281(a)(2). 16 The joint pretrial statement must be filed no later than twenty-one (21) days before the 17 date set for the final pretrial conference and must also be emailed as a Word document 18 to [email protected]. Separate pretrial statements are not permitted 19 unless a party is not represented by counsel. 20 The pretrial statement must cover all topics identified in Local Rule 281 with the 21 following additions and clarifications: 22 1. Statement of the Case: A concise, joint statement of the case must be 23 included. 24 2. Trial Length Estimate: An estimate of the length of trial must also be 25 included. Unless otherwise ordered, trial hours will be from 9:30 a.m. to 26 4:30 p.m., Monday through Friday. 27 3. Procedural Status: A concise summary of the procedural status of the 28 case must be included, including the disposition of any motions and 1 whether any motions are still pending. 2 4. Factual Issues: The undisputed facts and disputed factual issues shall be 3 set forth in separate sections of the pretrial statement. Each fact or factual 4 issue should be numbered. For disputed factual issues, identify the cause 5 of action or defense to which the factual issue is related. 6 5. Points of Law: In the points of law section of the pretrial statement, include 7 the elements for each cause of action and each defense, with citation to 8 the relevant legal authority. 9 6. Motions In Limine: The parties shall also identify the motions in limine 10 each party reasonably anticipates filing. 11 7. Witness Lists: Each party’s witness list must be submitted as a separate 12 attachment to the pretrial statement, and labeled as such. The witness list 13 must include the witness’s name; the witness’s title or position; whether the 14 testimony is offered in-person or by deposition; whether the witness is 15 designated as an expert; and a concise statement of the anticipated 16 subjects of testimony. Pursuant to Local Rule 281, only individuals on the 17 witness list submitted with the pretrial statement will be permitted to testify 18 at trial, except as may be otherwise provided in the pretrial order. The 19 witness’s address does not need to be included. 20 8. Exhibit Lists: Each party’s exhibit list must be submitted as a separate 21 attachment to the pretrial statement, and labeled as such. Plaintiff’s 22 exhibits shall be listed numerically; Defendant’s exhibits shall be listed 23 alphabetically. All exhibits must be individually identified with specificity, 24 including a reasonable amount of detail such that other parties can identify 25 each exhibit, including exhibit name/title, document/file date, bates 26 numbers, and a concise description of the exhibit. Groups or categories of 27 documents/records may not be listed as a single exhibit (e.g., it is improper 28 to list “Initial Disclosure Documents,” “Cell phone records,” etc. as a single 1 exhibit). Pursuant to Local Rule 281, only exhibits on the exhibit list 2 submitted with the pretrial statement will be permitted to be offered at trial, 3 except as may be otherwise provided in the pretrial order. The parties are 4 instructed to refer to and follow the Court’s Jury Trial Procedures available 5 on Judge Kim’s webpage on the district court’s website: 6 https://www.caed.uscourts.gov/caednew/index.cfm/judges/all- 7 judges/united-states-magistrate-judge-chi-soo-kim-csk/. This document 8 includes important instructions and requirements for exhibit lists. 9 9. Further Discovery or Motions: Inclusion of a section regarding further 10 discovery or motions in the pretrial statement pursuant to Local Rule 11 218(b)(13) will not be interpreted as a motion to request further discovery, 12 a request to modify the scheduling order or any other order issued for this 13 case, or as an actual motion or request. The parties must continue to follow 14 the scheduling order(s) for this case, the Local Rules, and the Court’s 15 standing orders to request further discovery or a modification of the 16 scheduling order(s). 17 C. Motions In Limine 18 Motions in limine shall be filed by the close of business fourteen (14) days before 19 the date set for the final pretrial conference. Any opposition shall be filed by the close of 20 business seven (7) days before the date set for the final pretrial conference. No replies 21 shall be filed. 22 Briefing for motions in limine shall be limited to 25 pages total for each side. Each 23 motion in limine should be numbered and clearly identified. For example, “Plaintiffs’ 24 Motion in Limine No. 1 Re: [subject].” The brief shall include a table of contents at the 25 beginning that lists each motion in limine and the page number on which the motion 26 begins. 27 Briefing for oppositions/ responses to motions in limine shall also be limited to 25 28 pages total for each side. Each opposition/ response should be numbered and clearly 1 identified. For example, “Defendants’ Opposition to Plaintiffs’ Motion in Limine No. 1 Re: 2 [subject].” The brief shall also include a table of contents at the beginning that lists each 3 motion in limine opposition/ response and the page number on which the opposition/ 4 response begins. 5 The parties should be prepared to argue their motions in limine at the final pretrial 6 conference. The Court will endeavor to rule on motions in limine before trial begins to 7 assist the parties in their trial preparations. 8 D. Proposed Voir Dire, Jury Instructions, and Verdict Forms 9 The parties must file proposed voir dire questions, proposed joint jury instructions, 10 and proposed joint verdict forms by the close of business fourteen (14) days before the 11 date set for the final pretrial conference. The parties must also email these filings as 12 Word documents to [email protected]. The parties should be prepared to 13 address the proposed voir dire questions, jury instructions, and verdict forms at the final 14 pretrial conference. The parties are instructed to refer to and follow the Court’s Jury 15 Trial Procedures available on Judge Kim’s webpage on the district court’s website: 16 https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- 17 magistrate-judge-chi-soo-kim-csk/. This document includes important instructions and 18 requirements for the submission of joint proposed joint jury instructions. 19 *Proposed voir dire questions, jury instructions, and verdict forms should not be 20 submitted in cases tried to the bench. 21 E. Trial Briefs 22 Parties are not required to file trial briefs. If a party chooses to file a trial brief, it 23 shall not be longer than five pages and shall be filed no later than by the close of 24 business fourteen (14) days before the date set for the final pretrial conference. Trial 25 briefs shall not duplicate the contents of the joint pretrial statement and proposed order. 26 F. Courtesy Copies 27 Two binders containing courtesy copies of the Joint Pretrial Statement, witness 28 lists, exhibit lists, proposed voir dire questions, proposed joint jury instructions, proposed 1 joint verdict forms, motions in limine, and optional trial briefs must be delivered to the 2 Clerk’s office by noon thirteen (13) days before the date set for the final pretrial 3 conference. This is the day after the filing deadline for the proposed voir dire questions, 4 proposed jury instructions, proposed verdict forms, motions in limine, and optional trial 5 briefs. Parties do not need to provide courtesy copies of the motion in limine oppositions. 6 All courtesy copies must be double-sided, three-hole punched at the left margin, 7 and marked with the ECF stamp (case number, document number, date, and page 8 number) on the top of each page. These binders shall include labeled side tabs, and be 9 clearly marked “Chambers Copy – Do Not File” with Judge Kim’s name, the case 10 number, and the case name. 11 G. Trial 12 A jury trial is set for August 24, 2026 at 9:30 a.m., in Courtroom No. 25. The 13 parties estimate 5-7 days for trial. (ECF No. 7 at 5.) 14 VIII. SCHEDULE SUMMARY

15 Event Deadline 16 Initial Disclosure Exchange December 20, 2024 17 Joint Mid-Discovery and May 30, 2025 Mediation Status Report 18 Non-Expert Discovery October 13, 2025 Completion 19 Expert Disclosures November 3, 2025 20 Rebuttal Expert Disclosures December 19, 2025 21 Expert Discovery Completion January 16, 2026 22 If cross-motions for summary February 3, 2026 23 judgment,7 Plaintiff’s Summary Judgment Motion Filed By 24 25 26

27 7 If both Plaintiff and Defendant intend to file motions for summary judgment, the parties must follow the schedule set out in Judge Kim’s Civil Standing Orders for cross-motions 28 for summary judgment. 1 Event Deadline 2 If no cross-motions for summary February 17, 2026 judgment, Dispositive Motion 3 Filed By 4 Dispositive Motions Heard By March 24, 2026 5 Joint Pretrial Statement Filed By 21 days before the FPTC 6 7 Motions In Limine Filed By 14 days before the FPTC 8 Final Pretrial Conference July 21, 2026 9 (“FPTC”) and Motions In Limine Hearing 10 Jury Trial (5-7 days) August 24, 2026 11 IX. MODIFICATIONS OF THIS SCHEDULING ORDER 12 This case schedule will become final without further order of the Court unless 13 written objections are filed within fourteen (14) days of the entry of this order. The parties 14 are reminded that pursuant to Federal Rule of Civil Procedure 16(b)(4), this order shall 15 not be modified except by leave of Court upon a showing of “good cause.” See Johnson 16 v. Mammoth Recreations, Inc.,

(9th Cir. 1992). Agreement by the parties 17 pursuant to a stipulation does not constitute good cause. Nor does the unavailability of 18 witnesses or counsel, except in extraordinary circumstances, constitute good cause. 19 Requests or stipulations to continue dispositive motion deadlines, the final pretrial 20 conference, or trial dates must establish good cause and are not granted lightly. 21 Any request or stipulation to modify this scheduling order must set forth the 22 following: 23 1. the existing due date or hearing date as well as the discovery cutoff date, the last 24 date for hearing motions, the final pretrial conference date, and the trial date; 25 2. whether there have been prior requests for extensions, and whether these were 26 granted or denied by the Court; and 27 3. specific, concrete reasons supporting good cause for granting the extension. For 28 1 example, if the reason for the requested extension is that it “will promote 2 settlement,” the requesting party or parties must indicate the status of negotiation 3 efforts (e.g., whether a mediator has been selected, a mediation has been 4 scheduled, etc.). 5 6 | Dated: January 7, 2025 C iy S \U CHI SOO KIM 8 UNITED STATES MAGISTRATE JUDGE 9 10 || 4, peas2189.24 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13