The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
SCHEDULING ORDER (Fed. R. Civ. P. 16) Discovery Deadlines: Initial Disclosures: December 31, 2008 Non-Expert: May 29, 2009 Expert Disclosures June 5, 2009 Supp. Expert Discl June 26, 2009 Expert Discovery July 30, 2009 Motion Deadlines: Non-Dispositive: August 21, 2009 Dispositive: October 2, 2009 Settlement Conference: August 10, 2009 at 10:30 a.m. Courtroom 10 (GSA), 6th Floor Pre-Trial Conference: December 10, 2009 at 8:30 a.m. Courtroom 2 (AWI), 8th Floor Trial: February 10, 2010, at 8:30 a.m. Courtroom 2 (AWI), 8th Floor 10-15 Days Jury Trial
Date of Scheduling Conference December 17, 2008
1. Plaintiff's Factual Contentions
On the night of May 17, 2008, Mr. Rosas Aguilar was sitting in his pickup truck on the private property, approximately 100 yards from the house, preparing to turn off the water that was irrigating an area of the vineyard. While Mr. Rosas Aguilar was sitting in his truck, Fresno County Sheriff's Deputy Ernest Serrano entered this private property. Deputy Serrano drove around the property and ultimately encountered the truck. Deputy Serrano ordered Mr. Rosas Aguilar out of the truck, and then began shooting his firearm at Mr. Rosas Aguilar. After hitting and disabling Mr. Rosas Aguilar with the initial bullets, the deputy sheriff continued firing his weapon at Mr. Rosas Aguilar. Sergio Rosas Aguilar died as a result of his gunshot wounds.
2. Defendants' Factual Contentions
On May 17, 2007, at approximately 10:12 p.m., an unidentified caller placed a 911 call from their cellular phone, but hung up before speaking to dispatch. Dispatch attempted to return the call, but no one answered. Deputy SERRANO was dispatched to Cedar Avenue just south of Central Avenue. While driving to this location, Deputy SERRANO was flagged down at 4203 South Cedar by a gentleman that confirmed he had made the 911 call from his cellular phone. The gentleman told Deputy SERRANO that a suspicious vehicle had driven down a dirt road into a vineyard. Deputy SERRANO drove into the vineyard approximately 300 to 400 feet.
Upon arriving at the scene, Deputy SERRANO discovered a black 1993 Chevy S-10 truck. He pulled up behind the truck approximately 15 feet, turned on his spotlight, and called dispatch to run the truck's license plate. Dispatch reported the truck being registered to Manuela Rocha with an address of 4306 S. Orange in Fresno. Deputy SERRANO then saw a man, later identified as Sergio Rosas Aguilar (hereinafter collectively referred to as, "Mr. Aguilar" or "Decedent"), emerge from the truck. Deputy SERRANO immediately ordered Decedent to remain in the truck and he complied. Mr. Aguilar placed both hands outside the window indicating he was unarmed and proceeded to place his hands back inside the truck. Deputy SERRANO exited the truck and walked approximately five or six feet south towards Mr. Aguilar to get a better visual of him. At that point, Mr. Aguilar exited the truck holding a knife with a blade six inches in length in his right hand and a beer in his left hand. Deputy SERRANO ordered Mr. Aguilar twice to drop the knife. Mr. Aguilar responded that Deputy SERRANO would have to "[f]ucking kill me". Holding the knife high above his waist, Mr. Aguilar dropped his beer and continued walking towards Deputy SERRANO. Fearing for his life, Deputy SERRANO fired his gun five times and shot Mr. Aguilar. Mr. Aguilar fell to the ground next to the truck. Deputy SERRANO immediately requested emergency medical assistance and began performing cardiopulmonary resuscitation on Mr. Aguilar until the emergency medical services (hereinafter, "EMS") arrived. EMS pronounced Mr. Aguilar dead at the scene.
3. Orders Regarding Amendments to the Pleadings
The pleadings have already been amended in this case. Plaintiff's First Amended Complaint was filed on October 24, 2008. Defendants filed an Answer on November 17, 2008.
1. Deputy SERRANO shot Mr. Aguilar.
Other than the Uncontested Facts listed above, defendants contest all other facts alleged by Plaintiff relating to liability and damages at this time.
5. V. Summary of Undisputed and Disputed Legal Issues:
A. Undisputed Legal Issues
1. Jurisdiction exists under 28 U.S.C. §1331, 28 U.S.C. §1343, 28 U.S.C. §1367, and 42 U.S.C. §1983;
2. Venue is proper in this district under 28 U.S.C. ...