Via v. City of Fairfield et al
Filing
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge William B. Shubb on 6/22/11: Discovery due by 7/6/2011. Dispositive Motions filed by 4/2/2012. Final Pretrial Conference set for 7/9/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Jury Trial set for 9/11/2012 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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THOMAS VIA,
NO. CIV. 2:10-3202 WBS DAD
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Plaintiff,
v.
CITY OF FAIRFIELD, a municipal
corporation; CADE BECKWITH,
individually, and in his
capacity as a police officer for
the CITY OF FAIRFIELD; STEVE
TROJANOWSKI, SR., individually,
and in his official capacity as
a police officer for the CITY OF
FAIRFIELD; STEVE TROJANOWSKI,
JR., individually, and in his
official capacity as a police
officer for the CITY OF
FAIRFIELD; JIMMIE WILLIAMS,
individually and in his official
capacity as a police officer for
the CITY OF FAIRFIELD; and,
Fairfield police officers DOES
1-25, inclusive,
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Defendants.
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/
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STATUS (PRETRIAL SCHEDULING) ORDER
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After reviewing the parties’ Joint Status Report, the
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court hereby vacates the Status (Pretrial Scheduling) Conference
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scheduled for June 27, 2011.
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I.
SERVICE OF PROCESS
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All named defendants have been served.
No further
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service will be permitted without leave of court, good cause
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having been shown under Federal Rule of Civil Procedure 16(b).
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II.
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On June 10, 2011, the court granted in part and denied
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in part defendants’ Motion to Dismiss, giving plaintiff leave to
JOINDER OF PARTIES/AMENDMENTS
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amend his complaint within thirty days.
(Docket No. 17.)
After
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plaintiff’s thirty day window expires, no further joinder of
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parties or amendments to pleadings will be permitted except with
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leave of court, good cause having been shown under Federal Rule
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of Civil Procedure 16(b).
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Inc., 975 F.2d 604 (9th Cir. 1992).
See Johnson v. Mammoth Recreations,
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III. JURISDICTION/VENUE
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Jurisdiction is predicated upon federal question
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jurisdiction, 28 U.S.C. § 1331, because plaintiff has brought a
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claim under 42 U.S.C. § 1983.
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found to be proper.
Venue is undisputed and is hereby
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IV.
DISCOVERY
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The parties shall serve the initial disclosures
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required by Federal Rule of Civil Procedure 26(a)(1) by no later
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than July 6, 2011.
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The parties shall disclose experts and produce reports
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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no
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later than October 11, 2011.
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intended solely for rebuttal, those experts shall be disclosed
With regard to expert testimony
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and reports produced in accordance with Federal Rule of Civil
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Procedure 26(a)(2) on or before November 10, 2011.
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All discovery, including depositions for preservation
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of testimony, is left open, save and except that it shall be so
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conducted as to be completed by February 13, 2012.
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“completed” means that all discovery shall have been conducted so
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that all depositions have been taken and any disputes relevant to
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discovery shall have been resolved by appropriate order if
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necessary and, where discovery has been ordered, the order has
The word
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been obeyed.
All motions to compel discovery must be noticed on
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the magistrate judge’s calendar in accordance with the local
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rules of this court and so that such motions may be heard (and
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any resulting orders obeyed) not later than February 13, 2012.
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V.
MOTION HEARING SCHEDULE
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All motions, except motions for continuances, temporary
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restraining orders, or other emergency applications, shall be
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filed on or before April 2, 2012.
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for the next available hearing date.
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refer to the local rules regarding the requirements for noticing
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and opposing such motions on the court’s regularly scheduled law
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and motion calendar.
All motions shall be noticed
Counsel are cautioned to
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VI.
FINAL PRETRIAL CONFERENCE
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The Final Pretrial Conference is set for July 9, 2012,
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at 2:00 p.m. in Courtroom No. 5.
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attended by at least one of the attorneys who will conduct the
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trial for each of the parties and by any unrepresented parties.
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The conference shall be
Counsel for all parties are to be fully prepared for
trial at the time of the Pretrial Conference, with no matters
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remaining to be accomplished except production of witnesses for
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oral testimony.
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and are referred to Local Rules 281 and 282 relating to the
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contents of and time for filing those statements.
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those subjects listed in Local Rule 281(b), the parties are to
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provide the court with: (1) a plain, concise statement which
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identifies every non-discovery motion which has been made to the
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court, and its resolution; (2) a list of the remaining claims as
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against each defendant; and (3) the estimated number of trial
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Counsel shall file separate pretrial statements,
In addition to
days.
In providing the plain, concise statements of
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undisputed facts and disputed factual issues contemplated by
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Local Rule 281(b)(3)-(4), the parties shall emphasize the claims
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that remain at issue, and any remaining affirmatively pled
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defenses thereto.
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parties shall also prepare a succinct statement of the case,
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which is appropriate for the court to read to the jury.
If the case is to be tried to a jury, the
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VII.
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The jury trial is set for September 11, 2012, at 9:00
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a.m.
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TRIAL SETTING
The parties estimate that the trial will last four to six
court days.
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VIII. SETTLEMENT CONFERENCE
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A Settlement Conference will be set at the time of the
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Pretrial Conference.
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the court whether they will stipulate to the trial judge acting
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as settlement judge and waive disqualification by virtue thereof.
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All parties should be prepared to advise
Counsel are instructed to have a principal with full
settlement authority present at the Settlement Conference or to
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be fully authorized to settle the matter on any terms.
At least
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seven calendar days before the Settlement Conference counsel for
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each party shall submit a confidential Settlement Conference
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Statement for review by the settlement judge.
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judge is not the trial judge, the Settlement Conference
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Statements shall not be filed and will not otherwise be disclosed
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to the trial judge.
If the settlement
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IX.
MODIFICATIONS TO SCHEDULING ORDER
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Any requests to modify the dates or terms of this
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Scheduling Order, except requests to change the date of the
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trial, may be heard and decided by the assigned Magistrate Judge.
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All requests to change the trial date shall be heard and decided
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only by the undersigned judge.
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DATED: June 22, 2011
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