Leubner v. County of San Joaquin et al
Filing
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ORDER and MODIFIED SCHEDULING ORDER signed by Judge Garland E. Burrell, Jr. on 11/22/2011 PARTIALLY GRANTING 154 Motion to Modify the Scheduling Order; VACATING all dates set forth in the 152 Scheduling Order. Non-Expert Discovery shall be comple ted, and all motions pertaining to discovery shall be noticed to be heard by 1/26/2012, Disclosure of Expert Witnesses due by 2/23/2012, Expert Discovery shall be completed by 3/23/2012, Non-Dispositive Law & Motion matters to be filed by 4/10/2012, Dispositive Motions shall be noticed to be heard by 5/3/2012, Pretrial Conference RESET for 7/30/2012 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr., Jury Trial RESET for 10/9/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Plaintiff's request for a court-appointed reporter is DENIED. (Michel, G)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MILOS LEUBNER,
Plaintiff,
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No. 2:08-cv-0853 GEB JFM PS
vs.
COUNTY OF SAN JOAQUIN, et al.,
ORDER AND MODIFIED
Defendants.
SCHEDULING ORDER
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On November 21, 2011, a hearing was held on plaintiff’s September 13, 2011
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motion to extend time. Plaintiff appeared in pro per. Dana Suntag appeared for defendant
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Christopher Holden. Marjorie Manning appeared telephonically for defendant Thomas Mazzera.
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Donna Dones did not appear. Upon review of the motion, discussion with plaintiff and counsel,
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and good cause appearing therefore, THE COURT FINDS AS FOLLOWS:
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This matter commenced on April 22, 2008 and is proceeding on a third amended
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complaint filed July 23, 2009. On December 10, 2010, a scheduling order issued. Subsequently
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a dispute arose as to certain confidential juvenile records. The dispute was ultimately resolved
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on April 3, 2011. In the meantime, defendants Mazzera and Holden sought modification of the
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scheduling order. On May 18, 2011, the modification request was granted, the discovery
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deadline was extended to November 15, 2011 and the trial date was continued to July 23, 2012.
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On September 13, 2011, plaintiff filed the instant motion. Plaintiff first seeks an
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extension of the discovery deadlines set forth in the May 18, 2011 scheduling order because the
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depositions of his daughters had not yet been taken. At the hearing, all appearing parties
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stipulated to an extension. Accordingly, this request will be granted.
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Plaintiff also seeks a court-appointed individual to assist him with taking
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depositions, pursuant to “Rule 28(a)(B) of FRCP.” The Federal Rule to which plaintiff cites for
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assistance with his depositions does not exist. If plaintiff intended to refer to Federal Rule of
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Civil Procedure 28(a)(1)(B), that provision provides only that “a deposition must be taken before
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. . . (B) a person appointed by the court where the action is pending to administer oaths and take
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testimony.” This Rule does not entitle plaintiff to a court-appointed reporter even though he is
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unable to afford one himself. Thus, this request will be denied.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Plaintiff’s September 13, 2011 motion to modify the scheduling order is
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partially granted.
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2. All dates set forth in this court’s May 18, 2011 scheduling order, including but
not limited to the trial date, are hereby vacated.
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3. All non-expert discovery shall be completed, and all motions pertaining to
discovery shall be noticed to be heard, by January 26, 2012.
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4. The parties shall exchange lists of expert witnesses no later than February 23,
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2012. The parties are reminded of their obligation to supplement these disclosures when
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required under Fed. R. Civ. P. 26(e)(1).
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5. Expert discovery shall be completed by March 23, 2012.
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6. Non-dispositive law and motion matters shall be filed by April 10, 2012.
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7. Dispositive motions shall be noticed to be heard by May 3, 2012.
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8. The pretrial conference is set for July 30, 2012 at 2:30 p.m. in courtroom 10
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before the Honorable Garland E. Burrell. Pretrial statements shall be filed pursuant to Local
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Rule 281.
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9. A jury trial of this matter is set for October 9, 2012 at 9:00 a.m. in courtroom
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10 before the Honorable Garland E. Burrell. The parties shall file trial briefs pursuant to Local
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Rule 285.
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10. Plaintiff’s request for a court-appointed reporter is denied.
DATED: November 22, 2011.
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