J.P. v. City of Stockton

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11

12 J.P., a minor, by and through No. 2:21-CV-00788 WBS AC CHANNY SOK-HANG as guardian, 13 Plaintiff, 14 v. 15 CITY OF STOCKTON, STOCKTON 16 POLICE DEPARTMENT, STANLEY MCFADDEN, JORGE ANDRADE and 17 DOE 1 to 10, 18 Defendants. 19 20 ----oo0oo---- 21 STATUS (PRETRIAL SCHEDULING) ORDER 22 After reviewing the parties’ Joint Status Report, the 23 court hereby vacates the Status (Pretrial Scheduling) Conference 24 scheduled for June 6, 2022, and makes the following findings and 25 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 28 is permitted without leave of court, good cause having been shown 1 under Federal Rule of Civil Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 The parties do not anticipate further amendment to the 4 pleadings, but because defendants represent that they have not 5 seen plaintiff’s Fourth Amended Complaint at the time of filing 6 the Joint Status Report, defendants may reserve the right to 7 move, plead, or otherwise respond to it as may be appropriate. 8 Otherwise, no further joinder of parties or amendments to 9 pleadings will be permitted except with leave of court, good 10 cause having been shown under Federal Rule of Civil Procedure 11 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 16 United States Constitution and the following laws of the United 17 States: 42 U.S.C. § 1983; Rehabilitation Act, 29 U.S.C. § 701; 18 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 22 Federal Rule of Civil Procedure 26(a)(1) on May 9, 2022. The 23 parties agreed plaintiff would serve his initial disclosures by 24 May 24, 2022 and the court has not been notified that plaintiff 25 failed to do so. (Joint Status Report at 4 (Docket No. 50).) 26 The parties shall disclose experts and produce reports 27 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 28 later than September 18, 2023. With regard to expert testimony 1 intended solely for rebuttal, those experts shall be disclosed 2 and reports produced in accordance with Federal Rule of Civil 3 Procedure 26(a)(2) on or before October 16, 2023. 4 All discovery, including depositions for preservation 5 of testimony, is left open, save and except that it shall be so 6 conducted as to be completed by November 13, 2023. The word 7 “completed” means that all discovery shall have been conducted so 8 that all depositions have been taken and any disputes relevant to 9 discovery shall have been resolved by appropriate order if 10 necessary and, where discovery has been ordered, the order has 11 been obeyed. All motions to compel discovery must be noticed on 12 the magistrate judge’s calendar in accordance with the local 13 rules of this court and so that such motions may be heard (and 14 any resulting orders obeyed) not later than November 13, 2023. 15 V. MOTION HEARING SCHEDULE 16 All motions, except motions for continuances, temporary 17 restraining orders, or other emergency applications, shall be 18 filed on or before January 8, 2024. All motions shall be noticed 19 for the next available hearing date. Counsel are cautioned to 20 refer to the local rules regarding the requirements for noticing 21 and opposing such motions on the court’s regularly scheduled law 22 and motion calendar. 23 VI. FINAL PRETRIAL CONFERENCE 24 The Final Pretrial Conference is set for March 25, 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 27 Conference whether the Conference will be held in person of via 28 videoconference. The conference shall be attended by at least 1 one of the attorneys who will conduct the trial for each of the 2 parties and by any unrepresented parties. 3 Counsel for all parties are to be fully prepared for 4 trial at the time of the Pretrial Conference, with no matters 5 remaining to be accomplished except production of witnesses for 6 oral testimony. Counsel shall file separate pretrial statements, 7 and are referred to Local Rules 281 and 282 relating to the 8 contents of and time for filing those statements. In addition to 9 those subjects listed in Local Rule 281(b), the parties are to 10 provide the court with: (1) a plain, concise statement which 11 identifies every non-discovery motion which has been made to the 12 court, and its resolution; (2) a list of the remaining claims as 13 against each defendant; and (3) the estimated number of trial 14 days. 15 In providing the plain, concise statements of 16 undisputed facts and disputed factual issues contemplated by 17 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 18 that remain at issue, and any remaining affirmatively pled 19 defenses thereto. If the case is to be tried to a jury, the 20 parties shall also prepare a succinct statement of the case, 21 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 24 parties estimate that the trial will last 14 days. 25 VIII. SETTLEMENT CONFERENCE 26 The parties agree that a settlement conference with the 27 magistrate judge would be appropriate after the close of 28 discovery, and they may “engage in private attempts to resolve eee eee NO ED NE

1 this lawsuit before then.” If a settlement has not been reached 2 by the time of the Final Pretrial Conference, a Settlement 3 Conference with a magistrate judge will be set at that time. 4 Counsel are instructed to have a principal with full settlement 5 authority present at the Settlement Conference or to be fully 6 authorized to settle the matter on any terms. At least seven 7 calendar days before the Settlement Conference counsel for each 8 | party shall submit a confidential Settlement Conference Statement 9 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 21 22 23 24 25 26 27 28