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Jones v. County of Sacramento

August 5, 2009

DRAKE S. JONES, PLAINTIFF,
v.
COUNTY OF SACRAMENTO; JOHN MCGINNESS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SHERIFF OF THE SACRAMENTO COUNTY SHERIFF'S DEPARTMENT; SACRAMENTO COUNTY MAIN JAIL COMMANDER ERIC MANESS; SACRAMENTO COUNTY SHERIFF'S DEPARTMENT CHIEF OF CORRECTIONAL AND COURT SERVICES JAMIE LEWIS; SACRAMENTO SHERIFF'S DEPARTMENT DEPUTY CHRIS CONRAD (BADGE #1202); AND DOES 1 TO 20, DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for August 10, 2009, and makes the following findings and orders without needing to consult with the parties any further.

I. SERVICE OF PROCESS

All named defendants have been served and no further service is permitted without leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b).

II. JOINDER OF PARTIES/AMENDMENTS

Because "Doe" defendants are disfavored in the Ninth Circuit, Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980) (citing Wiltsie v. Cal. Dep't of Corrections, 406 F.2d 515, 518 (9th Cir. 1968)), the court will reject plaintiff's request to add additional defendants without leave of court until October 1, 2009. No further amendments to pleadings or joinder of parties will be permitted except with leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 42 U.S.C. § 1983 (Civil Rights). Supplemental jurisdiction is predicated upon 28 U.S.C. § 1367. Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

The parties shall serve initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) no later than September 11, 2009.

The parties shall disclose any experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) no later than January 15, 2010. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before February 19, 2010.

All discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by April 2, 2010. The word "completed" means that all discovery shall have been conducted so that 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. All motions to compel discovery must be noticed on the Magistrate Judge's calendar in accordance with the local rules of this court and so that such motions may be heard (and any resulting orders obeyed) no later than April 2, 2010.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before May 21, 2010. All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for noticing and ...


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