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: March 16, 2009 Non-Expert: October 29, 2009 Expert Disclosure: November 27, 2009 Supp.Expert Discl: December 11, 2009 Expert Discovery: January 15, 2010 Motion Deadlines: Non-Dispositive: February 5, 2010 Dispositive: March 5, 2010 Pre-Trial Conference: May 7, 2010 at 8:30 a.m. Courtroom 2 (AWI), 8th Floor Trial: July 13, 2010 at 8:30 a.m. Courtroom 2 (AWI), 8th Floor 5 Day Jury Trial Settlement Conference:
I. Date of Scheduling Conference
November 24, 2009 at 10:30 a.m. Courtroom 10 (GSA), 6th Floor
II. Appearances of Counsel
Steven A. Geringer personally appeared on behalf of Plaintiff Anthony Slama. Michelle E. Sassano personally appeared on behalf of Defendants City of Madera, Officer Chavez and Officer Shekianian*fn1 .
III. The Pleadings Factual Contentions
On December 20, 2005, late at night in Madera, California, Plaintiff Anthony Slama was walking on a public sidewalk going to his home. While traveling to his home, Slama approached the intersection of South C Street and Central Avenue, where he noticed a Madera Police Department ("MPD") cruiser slowing down past his location and shining a light into his face. Thereafter, the MPD cruiser made a u-turn and immediately returned to Slama's location.
The MPD cruiser stopped at or near Slama and both of the officers immediately jumped out of the cruiser and ran towards Slama. While the two officers were running twoard him, one of the officers yelled to Slama, "Stop, I am going to search you for weapons."
Upon hearing the command of the officer, which Slama believes was that of MPD Officer Shekalian, he stopped on the sidewalk. Almost immediately after the above-referenced command, MPD Officer Shekalian arrived at Slama's position and immediately grabbed his left arm and wrist, twisting the hand and wrist up behind Slama's back. At almost the exact same time, MPD Officer Chavez grabbed Slama's right hand, twisting it, while forcing Slama to a knee on the ground. One of the officers then grabbed Slama in a choke hold and rode his body to the ground. Then Slama was "tazed" by one of the officers. Slama was then handcuffed, arrested for a violation of California Penal Code section 148(a)(1), and transported to the Madera Department of Corrections.
A. Uncontested Facts by Defendant:
1. Defendant are the City of Madera, Madera Police Department and two officers within the police department.
2. On or about December 20, 2005, Plaintiff was detained by Officers Sheklanian and Chavez.
3. Plaintiff was arrested under California Penal Code section 148(a)(1), for resisting, delaying or obstructing a police officer.
B. Contested Facts by Defendant:
1. Defendants generally contest all facts, except those set forth above as uncontested.
2. That either Officer Shekianian and Officer Chavez used improper, injurious or excessive force toward Plaintiff.
3. That the two officers turned their cruiser around and immediately jumped out of the cruiser and ran towards Plaintiff.
4. That Officer Sheklanian almost immediately grabbed Slama's left hand and wrist, twisting the hand and wrist behind Plaintiff's back.
5. That Officer Chavez, at the exact same time, grabbed Plaintiff's right hand and forced Plaintiff to the ground.
6. That either officer grabbed Plaintiff in a choke hold and forced him to the ground.
7. That Plaintiff was tazed by the officers while he was on the ground.
8. That Plaintiff followed the officers commands ...