(PS) Harrell v. Puckett

• Court: District Court, E.D. California
• Decided: March 28, 2025
• Docket: 2:23-cv-01448
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER T. HARRELL, No. 2:23-CV-1448-DC-DMC 12 Plaintiff, 13 v. ORDER 14 ROBERT PUCKETT, SR., et al., 15 Defendants. 16 17 Plaintiff, who is proceeding pro se, brings this civil action. This court 18 conducted a scheduling conference on March 26, 2025. Plaintiff failed to appear1. Attorney 19 Michael Malone, Esq., appeared on behalf of all named Defendants except Bruce’s 20 Towing/Radiator & Dismantling. Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, 21 the court issues this scheduling order. 22 I. SERVICE OF PROCESS 23 All named defendants except Bruce’s Towing/Radiator & Dismantling have been served 24 as required by Federal Rule of Civil Procedure 5. Plaintiff is ordered to effect service on Bruce’s 25 towing within 30 days of this order. 26 / / /

27 1 By separate order the Court will direct Plaintiff to show cause why sanctions should not be imposed for his failure to participate in the preparation of a join scheduling report and appear at the scheduling 28 conference. The Court will also set an order to show cause hearing separately. 1 II. JOINDER OF ADDITIONAL PARTIES / AMENDMENT OF PLEADINGS 2 Defendants do not anticipate the joinder of additional parties or amendment of the 3 pleadings. No further joinder of parties or amendments to pleadings is permitted without leave of 4 court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth 5 Recreations, Inc., 975 F.2d 27 604 (9th Cir. 1992). The parties are advised that the filing of 6 motions and/or stipulations requesting leave to amend the pleadings does not imply good cause to 7 modify the existing schedule. Fed. R. Civ. P. 16 (b)(4); see also Johnson, 975 F. 2d at 609. 8 Moreover, any amendment requested under Federal Rule of Civil Procedure 15(a) must not be: 9 (1) prejudicial to the opposing party; (2) the product of undue delay; (3) proposed in bad faith; or 10 (4) futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). 11 III. DISCOVERY PROCEDURES 12 Discovery matters that do not implicate the schedule of the case are referred to the 13 assigned magistrate judge, who will hear all discovery disputes subject to his or her procedures. 14 (The assigned magistrate judge’s initials follow the district judge’s initials next to the case 15 number.) All discovery related filings must include the words “DISCOVERY MATTER” in the 16 caption to ensure proper routing. Do not direct delivery of courtesy copies of these documents to 17 the district judge. Counsel are directed to contact the magistrate judge’s courtroom deputy clerk 18 to schedule discovery matters for hearing. 19 All motions to compel discovery must be noticed on the assigned magistrate judge’s 20 calendar in accordance with the local rules of this court and the magistrate judge’s own 21 procedures. The written ruling of the assigned magistrate judge shall be final, subject to 22 modification by the district court only where it has been shown that the magistrate judge’s order 23 is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). Pursuant to Local Rule 303, 24 any party may file and serve a “Request for Reconsideration by the District Court of Magistrate 25 Judge’s Ruling.” See L.R. 303(c). The requesting party must file and serve any such request 26 within fourteen (14) days of service of a written ruling. L.R. 303(b). The request must specify 27 which portions of the ruling are clearly erroneous or contrary to law and the basis for that 28 contention with supporting points and authorities. L.R. 303(c). 1 In addition, the assigned magistrate judge reviews proposed discovery phase protective 2 orders sought by the parties pursuant to Local Rule 141.1. However, any requests to seal or redact 3 in connection with trial or motions to be resolved by Judge Coggins must be directed to Judge 4 Coggins and comply with her Standing Order and Local Rules 140 and 141. 5 IV. DISCOVERY DEADLINES 6 A. Rule 26(a) Initial Disclosures 7 The parties shall serve their initial disclosures pursuant to Federal Rule of Civil Procedure 8 Rule 26(a)(1) no later than April 4, 2025. 9 Any parties served or joined after the issuance of this scheduling order shall “make the 10 initial disclosures within 30 days after being served or joined,” as provided by Rule 26(a)(1)(D). 11 B. Fact Discovery 12 All fact discovery shall be completed2 no later than January 23, 2026. 13 C. Expert Discovery 14 Disclosures of expert witnesses, if any, must be made pursuant to Federal Rule of Civil 15 Procedure 26(a)(2)(A), (B) and (C), and shall include all information required thereunder. Each 16 expert witness must be fully prepared to be examined on all subjects and opinions included in the 17 disclosures. Failure to comply with these requirements may result in the imposition of appropriate 18 sanctions, including the preclusion of the expert’s testimony, or of other evidence offered through 19 the expert. 20 The parties shall disclose initial experts and produce reports in accordance with Federal 21 Rule of Civil Procedure 26(a)(2) by no later than February 25, 2026. With regard to expert 22 testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in 23 accordance with Federal Rule of Civil Procedure 26(a)(2) on or before March 16, 2026. 24 All expert discovery shall be completed no later than May 8, 2026. 25

2 As used herein, the word “completed” means that all discovery shall have been conducted so that 26 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. The parties are advised that motions 27 to compel must be filed in advance of the discovery completion deadlines so that the court may grant effective relief within the allotted discovery time. A party’s failure to have a discovery dispute heard sufficiently in advance of the 28 discovery cutoff may result in denial of the motion as untimely. 1 V. MOTIONS 2 All motions, except motions for continuances, temporary restraining orders, or other 3 emergency applications, shall be filed on or before July 10, 2026 and shall be noticed for hearing 4 before Judge Coggins on a date not more than 60 days from the date the motion is filed and on a 5 date that is listed on Judge Coggins’s website as an available civil law and motion hearing date. 6 Counsel are directed to refer to the local rules regarding the requirements for noticing and 7 opposing such motions on the court’s regularly scheduled law and motion calendar. 8 Prior to filing a motion for summary judgment or motion for partial summary judgment 9 (summary adjudication), the parties are ordered to meet and confer, in person or by telephone, to 10 discuss the issues to be raised in the motion. In addition to complying with the requirements of 11 Local Rule 260, the parties must prepare a Joint Statement of Undisputed Facts, which identifies 12 all relevant facts subject to agreement by all parties. The moving party is responsible for filing the 13 joint statement concurrently with the motion. In the notice of motion, the moving party shall 14 certify that the parties have met and conferred as ordered above or provide a statement of good 15 cause for the failure to do so. 16 The parties shall refer to Judge Coggins’s Standing Order for her procedures with regard 17 to the filing of cross-motions for summary judgment and related briefing. 18 VI. SETTLEMENT CONFERENCE 19 The undersigned requires parties to participate in a court-supervised settlement conference 20 with a settlement judge before the action may proceed to trial. A settlement conference has not 21 been set at this time. At any time before the final pretrial conference, the parties may file a joint 22 request that this action be referred to a settlement judge for the setting of a settlement conference. 23 If the parties have not participated in a court-supervised settlement conference by the time of the 24 final pretrial conference, the court will refer the action at that time to the assigned magistrate 25 judge for the setting of a settlement conference. The parties shall contact the designated 26 settlement conference judge’s chambers to ascertain that judge’s settlement conference 27 procedures, including the procedure for submitting confidential settlement statements, which shall 28 not be filed and will not otherwise be disclosed to the trial judge. 1 Unless otherwise permitted in advance by the court, the attorneys who will try the case 2 shall appear at the settlement conference. Pertinent evidence to be offered at trial, documents or 3 otherwise, should be brought to the settlement conference for presentation to the settlement judge. 4 Neither the settlement conference statements nor communications during the settlement 5 conference with the settlement judge can be used by either party in the trial of this case. 6 Absent permission from the court, in addition to counsel who will try the case being 7 present, the individual parties shall also be present, and in the case of corporate parties, 8 associations or other entities, and insurance carriers, a representative executive with unrestricted 9 authority to discuss, consider, propose and agree, or disagree, to any settlement proposal or offer 10 shall also be present. If for any reason the representative with unlimited authority cannot attend, 11 such a person must be available by phone or video throughout the conference. In other words, 12 having settlement authority “up to a certain amount” is not acceptable. 13 VII. FINAL PRETRIAL CONFERENCE 14 The court will not set a final pretrial conference date in this scheduling order. Instead, 15 upon resolution of any motions filed by the deadline set forth in Section V of this order, or upon 16 the expiration of that deadline if no such motions were filed, the court will set a date for a final 17 pretrial conference, which will be conducted in person in Courtroom 8. The court will not 18 entertain requests to conduct the final pretrial conference by Zoom. 19 The parties are directed to file a joint pretrial statement, carefully prepared and executed 20 by all counsel, that complies with the requirements of this Local Rule 281 and Judge Coggins’s 21 Standing Order. Counsel shall also email a copy of the joint pretrial statement in Word format to 22 Judge Coggins’s chambers at dcorders@caed.uscourts.gov. The parties’ attention is directed to 23 Local Rules 281 and 282. This court will insist upon strict compliance with these rules. 24 At the final pretrial conference, the court will set a trial date and deadlines to file trial 25 documents, including motions in limine, trial briefs, and proposed jury voir dire, instructions, and 26 verdict forms (where applicable). In addition, at the final pretrial conference, the parties shall 27 have a joint list of proposed trial dates that are within 60 to 120 days from the date of the final 28 pretrial conference, and the parties shall be prepared to confirm a trial date. 1 | VII. RELATED MATTERS PENDING 2 There are two related cases, as follows: 21-cv-1482-DC-DMC and 21-cv-1726-DC-DMC. 3 | IX. OBJECTIONS AND MODIFICATIONS TO THE SCHEDULING ORDER 4 This case schedule will become final without further order of the court unless 5 | objections are filed within fourteen (14) days of the entry of this order. The schedule, once 6 || final, shall not be modified except by leave of court upon showing of good cause. The assigned 7 || magistrate judge is authorized to modify the discovery dates set forth in Section IV of this order, 8 | but only to the extent that any such modification does not impact the motions filing deadline set 9 || forth in Section V of this order. A stipulation or request by the parties to modify only the 10 || discovery deadlines shall therefore be directed to the assigned magistrate judge. 11 The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil 12 || Procedure, no stipulations extending scheduling requirements or modifying applicable rules are 13 || effective until and unless the court approves them. Agreement of the parties by stipulation alone 14 | does not constitute good cause. Any request or stipulation to modify this scheduling order must 15 || set forth: 16 (1) the existing due date or hearing date as well as the discovery cutoff date, and the 17 last date for filing motions; 18 (2) whether there have been prior requests for extensions, and whether these were 19 granted or denied by the court; and 20 (3) specific, concrete reasons supporting good cause for granting of the extension. For 21 example, if the reason for the requested extension is that it “will promote 22 settlement,” the requesting party or parties must indicate the status of ongoing 23 negotiations, 1.e., have written proposals been exchanged; is counsel in the process 24 of reviewing a draft settlement agreement; has a mediator been selected. 25 | Dated: March 27, 2025 Co 26 DENNIS M. COTA 07 UNITED STATES MAGISTRATE JUDGE 28