1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS SCHMITZ, et al., No. 2:20-cv-00195-DJC-CKD (PS) 12 Plaintiffs, 13 v. PRETRIAL SCHEDULING ORDER 14 ADAM ASMAN, 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 MUST COMPLY. FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER 20 MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER APPROPRIATE 21 SANCTIONS, INCLUDING DISMISSAL OR AN ORDER OF JUDGMENT. 22 After considering the parties’ joint status report (ECF No. 283), the Court issues the 23 following pretrial scheduling order. 24 NATURE OF THE CASE 25 Plaintiffs Dianne Mallia and Thomas Schmitz, individually and as successors of interest, 26 assert the following causes of action in the operative Fourth Amended Complaint: Deliberate 27 Indifference to Serious Medical Needs, Health and Safety in Violation of the Eight Amendment; 28 Supervisory Liability based on Customs, Practices or Policies; Failure to Supervise, Investigate 1 and Discipline; Loss of Parent/Child Relationship in Violation of the Fourteenth Amendment; 2 Wrongful Death; Negligence; Interference with Constitutional rights by Coercion, and Medical 3 Battery against various defendants. Plaintiffs generally contend that constitutionally inadequate 4 mental health care and treatment and/or negligence caused their son, William, to suffer injuries 5 and also caused his death as detailed in the Fourth Amended Complaint. 6 Defendants deny any and all liability on each and every cause of action asserted against 7 them. Defendants generally contend that Williams’ own conduct caused or contributed to the 8 claimed injuries and/or that the injuries and alleged damages were caused by the natural course of 9 a disease or condition or were the natural and expected results of reasonable treatment rendered 10 for the disease or condition. Defendants have asserted in their respective answers the defenses of 11 failure to state a cause of action, comparative negligence, failure to mitigate, failure to comply 12 with applicable statute of limitations and/or requirements for government presentation, 13 contributory negligence, estoppel and acquiesce, qualified immunity, amongst others. 14 SERVICE OF PROCESS 15 All named Defendants have been served and have appeared. No further service is 16 permitted except with leave of Court, good cause having been shown. 17 JOINDER OF PARTIES/AMENDMENT OF PLEADINGS 18 All named Defendants have answered Plaintiff’s complaint. No further joinder of parties 19 or amendments to pleadings are permitted except with leave of Court, good cause having been 20 shown. 21 JURISDICTION/VENUE 22 Jurisdiction and venue are undisputed, and are hereby found to be proper. 23 INITIAL DISCLOSURES 24 The parties indicate they have exchanged initial disclosures and commenced written 25 discovery. 26 //// 27 //// 28 //// 1 DISCOVERY DEADLINES, PROCEDURES FOR DISCOVERY DISPUTES 2 All non-expert discovery, except for any phase two discovery discussed below, shall be 3 completed1 by May 17, 2024. Any discovery-related motions must conform to the requirements 4 of the Federal Rules of Civil Procedure and this Court’s Local Rules, including Local Rule 251. 5 Judge Delaney generally hears civil motions on Wednesdays at 10:00 a.m. 6 Prior to filing any discovery-related motions, the parties are required to meet and confer in 7 good faith in an attempt to resolve their discovery disputes informally and without court 8 intervention. Such meet and confer shall take place in person, or at a minimum, via a telephonic 9 conference. The mere exchange of letters or e-mails alone is not sufficient. As part of their joint 10 statement related to a discovery motion submitted pursuant to Local Rule 251, the parties shall 11 also specifically outline: (a) what meet-and-confer efforts were undertaken; (b) when and where 12 such discussions took place; (c) who was present; and (d) how the parties’ disputes were 13 narrowed as a result of such discussions. Failure to comply with these requirements may result in 14 summary denial of any discovery motion. 15 The Court strongly encourages the use of informal telephonic discovery conferences with 16 the Court in lieu of formal discovery motion practice. The procedures and conditions for 17 requesting and conducting such an informal telephonic discovery conference are outlined in 18 Judge Delaney’s “Order re Informal Telephonic Conferences re Discovery Disputes,” posted on 19 the Court’s website at http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/5055/. 20 Additionally, subject to the Court’s availability, the Court will also rule on disputes encountered 21 at oral depositions, so as to avoid such depositions from breaking down. In the course of the 22 deposition, the parties may contact Judge Delaney’s courtroom deputy clerk at (916) 930-4004 to 23 inquire regarding Judge Delaney’s availability. However, the parties are cautioned that these 24 informal procedures are not to be abused, and the Court may impose appropriate sanctions on an 25 offending party or parties, even in the course of informal discovery conferences. 26
27 1 “Completed” means (1) all discovery shall have been conducted so that all depositions have been taken and (2) any disputes related to discovery shall have been resolved by appropriate order 28 if necessary and, where discovery has been ordered, the order has been complied with. 1 EXPERT DISCLOSURES AND DISCOVERY 2 The parties shall disclose any expert witnesses in accordance with the specifications of 3 Federal Rule of Civil Procedure 26(a)(2) no later than September 30, 2024. Any rebuttal expert 4 disclosures shall be made in accordance with the specifications of Federal Rule of Civil 5 Procedure 26(a)(2) no later than October 30, 2024. Expert disclosures shall be filed with the 6 Court and served upon all other parties. All expert discovery shall be completed (see fn. 3) by 7 February 28, 2025. The same procedures for fact–discovery disputes apply to expert–discovery 8 disputes. 9 An expert witness not timely disclosed will not be permitted to testify unless the party 10 offering the witness demonstrates that: (a) the necessity of the witness could not have been 11 reasonably anticipated at the time that the expert disclosures were due; (b) the Court and opposing 12 counsel were promptly notified upon discovery of the witness; and (c) the witness was promptly 13 proffered for deposition. Failure to provide the information required by Federal Rule of Civil 14 Procedure 26(a)(2) along with the expert disclosures may lead to preclusion of the expert’s 15 testimony or other appropriate sanctions. 16 PHASE TWO DISCOVERY 17 Discovery on issues solely pertaining to punitive damages amounts has been stayed 18 pending resolution of dispositive motions by order dated May 3, 2023. The Court will set a 19 schedule for phase two discovery upon resolution of dispositive motions. Also following 20 resolution of dispositive motions, defendants anticipate renewing their motion for bifurcation of 21 trial into phase one for determination of liability, compensatory damages, and entitlement to 22 punitive damages, and phase two for determination of amount of punitive damages, if necessary. 23 LAW AND MOTION 24 All law and motion, except as to discovery-related matters, shall be completed (i.e. heard) 25 by August 29, 2025. Counsel and/or parties proceeding without counsel are cautioned to refer to 26 the Local Rules regarding the requirements for noticing such motions on the Court’s regularly 27 scheduled law and motion calendar, including, but not limited to, Local Rule 230.
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS SCHMITZ, et al., No. 2:20-cv-00195-DJC-CKD (PS) 12 Plaintiffs, 13 v. PRETRIAL SCHEDULING ORDER 14 ADAM ASMAN, 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 MUST COMPLY. FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER 20 MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER APPROPRIATE 21 SANCTIONS, INCLUDING DISMISSAL OR AN ORDER OF JUDGMENT. 22 After considering the parties’ joint status report (ECF No. 283), the Court issues the 23 following pretrial scheduling order. 24 NATURE OF THE CASE 25 Plaintiffs Dianne Mallia and Thomas Schmitz, individually and as successors of interest, 26 assert the following causes of action in the operative Fourth Amended Complaint: Deliberate 27 Indifference to Serious Medical Needs, Health and Safety in Violation of the Eight Amendment; 28 Supervisory Liability based on Customs, Practices or Policies; Failure to Supervise, Investigate 1 and Discipline; Loss of Parent/Child Relationship in Violation of the Fourteenth Amendment; 2 Wrongful Death; Negligence; Interference with Constitutional rights by Coercion, and Medical 3 Battery against various defendants. Plaintiffs generally contend that constitutionally inadequate 4 mental health care and treatment and/or negligence caused their son, William, to suffer injuries 5 and also caused his death as detailed in the Fourth Amended Complaint. 6 Defendants deny any and all liability on each and every cause of action asserted against 7 them. Defendants generally contend that Williams’ own conduct caused or contributed to the 8 claimed injuries and/or that the injuries and alleged damages were caused by the natural course of 9 a disease or condition or were the natural and expected results of reasonable treatment rendered 10 for the disease or condition. Defendants have asserted in their respective answers the defenses of 11 failure to state a cause of action, comparative negligence, failure to mitigate, failure to comply 12 with applicable statute of limitations and/or requirements for government presentation, 13 contributory negligence, estoppel and acquiesce, qualified immunity, amongst others. 14 SERVICE OF PROCESS 15 All named Defendants have been served and have appeared. No further service is 16 permitted except with leave of Court, good cause having been shown. 17 JOINDER OF PARTIES/AMENDMENT OF PLEADINGS 18 All named Defendants have answered Plaintiff’s complaint. No further joinder of parties 19 or amendments to pleadings are permitted except with leave of Court, good cause having been 20 shown. 21 JURISDICTION/VENUE 22 Jurisdiction and venue are undisputed, and are hereby found to be proper. 23 INITIAL DISCLOSURES 24 The parties indicate they have exchanged initial disclosures and commenced written 25 discovery. 26 //// 27 //// 28 //// 1 DISCOVERY DEADLINES, PROCEDURES FOR DISCOVERY DISPUTES 2 All non-expert discovery, except for any phase two discovery discussed below, shall be 3 completed1 by May 17, 2024. Any discovery-related motions must conform to the requirements 4 of the Federal Rules of Civil Procedure and this Court’s Local Rules, including Local Rule 251. 5 Judge Delaney generally hears civil motions on Wednesdays at 10:00 a.m. 6 Prior to filing any discovery-related motions, the parties are required to meet and confer in 7 good faith in an attempt to resolve their discovery disputes informally and without court 8 intervention. Such meet and confer shall take place in person, or at a minimum, via a telephonic 9 conference. The mere exchange of letters or e-mails alone is not sufficient. As part of their joint 10 statement related to a discovery motion submitted pursuant to Local Rule 251, the parties shall 11 also specifically outline: (a) what meet-and-confer efforts were undertaken; (b) when and where 12 such discussions took place; (c) who was present; and (d) how the parties’ disputes were 13 narrowed as a result of such discussions. Failure to comply with these requirements may result in 14 summary denial of any discovery motion. 15 The Court strongly encourages the use of informal telephonic discovery conferences with 16 the Court in lieu of formal discovery motion practice. The procedures and conditions for 17 requesting and conducting such an informal telephonic discovery conference are outlined in 18 Judge Delaney’s “Order re Informal Telephonic Conferences re Discovery Disputes,” posted on 19 the Court’s website at http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/5055/. 20 Additionally, subject to the Court’s availability, the Court will also rule on disputes encountered 21 at oral depositions, so as to avoid such depositions from breaking down. In the course of the 22 deposition, the parties may contact Judge Delaney’s courtroom deputy clerk at (916) 930-4004 to 23 inquire regarding Judge Delaney’s availability. However, the parties are cautioned that these 24 informal procedures are not to be abused, and the Court may impose appropriate sanctions on an 25 offending party or parties, even in the course of informal discovery conferences. 26
27 1 “Completed” means (1) all discovery shall have been conducted so that all depositions have been taken and (2) any disputes related to discovery shall have been resolved by appropriate order 28 if necessary and, where discovery has been ordered, the order has been complied with. 1 EXPERT DISCLOSURES AND DISCOVERY 2 The parties shall disclose any expert witnesses in accordance with the specifications of 3 Federal Rule of Civil Procedure 26(a)(2) no later than September 30, 2024. Any rebuttal expert 4 disclosures shall be made in accordance with the specifications of Federal Rule of Civil 5 Procedure 26(a)(2) no later than October 30, 2024. Expert disclosures shall be filed with the 6 Court and served upon all other parties. All expert discovery shall be completed (see fn. 3) by 7 February 28, 2025. The same procedures for fact–discovery disputes apply to expert–discovery 8 disputes. 9 An expert witness not timely disclosed will not be permitted to testify unless the party 10 offering the witness demonstrates that: (a) the necessity of the witness could not have been 11 reasonably anticipated at the time that the expert disclosures were due; (b) the Court and opposing 12 counsel were promptly notified upon discovery of the witness; and (c) the witness was promptly 13 proffered for deposition. Failure to provide the information required by Federal Rule of Civil 14 Procedure 26(a)(2) along with the expert disclosures may lead to preclusion of the expert’s 15 testimony or other appropriate sanctions. 16 PHASE TWO DISCOVERY 17 Discovery on issues solely pertaining to punitive damages amounts has been stayed 18 pending resolution of dispositive motions by order dated May 3, 2023. The Court will set a 19 schedule for phase two discovery upon resolution of dispositive motions. Also following 20 resolution of dispositive motions, defendants anticipate renewing their motion for bifurcation of 21 trial into phase one for determination of liability, compensatory damages, and entitlement to 22 punitive damages, and phase two for determination of amount of punitive damages, if necessary. 23 LAW AND MOTION 24 All law and motion, except as to discovery-related matters, shall be completed (i.e. heard) 25 by August 29, 2025. Counsel and/or parties proceeding without counsel are cautioned to refer to 26 the Local Rules regarding the requirements for noticing such motions on the Court’s regularly 27 scheduled law and motion calendar, including, but not limited to, Local Rule 230. Judge Delaney 28 generally hears civil motions on Wednesdays at 10:00 a.m. This paragraph does not preclude 1 motions for continuances, motions for bifurcation of trial, motions in limine related to trial, 2 temporary restraining orders, or other emergency applications, for which the Court may set a 3 special briefing schedule, if necessary or appropriate. 4 ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL 5 MOTION. The purpose of law and motion is to narrow and refine the legal issues raised by the 6 case, as well as to dispose of those issues that are susceptible to resolution without trial by pretrial 7 motion. To accomplish that purpose, the parties need to identify and fully research the issues 8 presented by the case, then examine those issues in light of the evidence obtained through 9 discovery. If it appears to counsel after examining the legal issues and facts that an issue can be 10 resolved by pretrial motion, counsel are to file the appropriate motion consistent with the law and 11 motion cutoff set forth above. Conversely, motions in limine are procedural devices designed to 12 address the admissibility of evidence. THE COURT WILL LOOK WITH DISFAVOR UPON 13 SUBSTANTIVE MOTIONS PRESENTED UNDER THE GUISE OF MOTIONS IN LIMINE 14 AT THE TIME OF TRIAL. 15 FINAL PRETRIAL CONFERENCE/TRIAL SETTING 16 All parties request a jury trial. The final pretrial conference and jury trial will take place 17 before the assigned district judge, the Hon. Daniel J. Calabretta, District Judge. The undersigned 18 declines to set final pretrial conference and trial dates at this juncture. Instead, the Court orders 19 the parties to submit a Notice of Trial Readiness on one of the following timelines: 20 A. After resolution of any dispositive motions and completion of any phase two 21 discovery on punitive damages amounts, the parties are to submit the Notice not later 22 than thirty (30) days after the close of phase two discovery; or 23 B. If the parties do not intend to file dispositive motions, the parties are ordered to file the 24 Notice not later than one hundred twenty (120) days after the close of discovery and 25 the notice must include statements of intent to forgo the filing of dispositive motions. 26 In the Notice of Trial Readiness, the parties are to set forth the appropriateness of special 27 procedures, their estimated trial length, any request for a jury, their availability for trial, and if the 28 parties are willing to attend a settlement conference. The Notice shall also estimate how many 1 | court days each party will require to present its case, including opening statements and closing 2 || arguments. The parties’ estimate shall include time necessary for jury selection, time necessary to 3 || finalize jury instructions and instruct the jury. After review of the parties’ Joint Notice of Trial 4 || Readiness, the court will issue an order that sets forth dates for a final pretrial conference and 5 || trial. 6 OBJECTIONS 7 Any objections to this pretrial scheduling order shall be filed within seven (7) days. 8 SETTLEMENT CONFERENCE 9 Should the parties wish to conduct a settlement conference with a magistrate judge, they 10 || are to contact the undersigned’s courtroom deputy clerk to inquire as to the availability of another 11 || magistrate judge for a settlement conference. 12 MODIFICATION OF THIS SCHEDULING ORDER 13 The parties are reminded that pursuant to Federal Rule of Civil Procedure 16(b)(4), this 14 | order shall not be modified except by leave of court upon a showing of “good cause.” See 15 | Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). Mere agreement by the 16 || parties pursuant to a stipulation does not constitute good cause. Nor does the unavailability of 17 || witnesses or counsel, except in extraordinary circumstances, constitute good cause. 18 | Dated: June 20, 2023 / hice ANKE) flo ” CAROLYNK.DELANEY 20 UNITED STATES MAGISTRATE JUDGE 21 || 8.schmitz20cv195.sched.o 22 23 24 25 26 27 28