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Pruitt v. County of Sacramento

August 5, 2010

JOHN PRUITT; JOHN PRUITT, JR., A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, HIS CUSTODIAL PARENT JOHN PRUITT; PHILLIP PRUITT, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, HIS CUSTODIAL PARENT JOHN PRUITT; MICHAEL PRUITT, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, HIS CUSTODIAL PARENT JOHN PRUITT; ISIAH PRUITT, A MINOR, BY AND THROUGH HIS GUARDIAN AD LITEM, HIS CUSTODIAL PARENT JOHN PRUITT; DARRYL BERG; AND DEBRA BERG, PLAINTIFFS,
v.
COUNTY OF SACRAMENTO; SACRAMENTO COUNTY SHERRIFF'S DEPARTMENT SHERIFF JOHN MCGINNESS; SERGEANT SANTOS RAMOS; DETECTIVE SEAN BERRY; DETECTIVE BRAD ROSE; DETECTIVE RANDY MOYA; DETECTIVE JACQUELINE KLOSS; DETECTIVE KEVIN STEED; DETECTIVE STEVE WHARTON; PROBATION OFFICER TIMOTHY RUIZ; DEPUTY THOMAS LYNN; DEPUTY CRAIG HARMON; AND DOES 1-100, INCLUSIVE, DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for August 9, 2010, 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 or waived service 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

No further joinder of parties or amendments to pleadings 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

Federal Question Jurisdiction is premised on 42 U.S.C. § 1983 (civil rights) and 28 U.S.C. § 1343 (civil rights and elective franchise). Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

The parties shall serve their initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) no later than September 12, 2010.

The parties shall disclose any experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) no later than March 1, 2011.

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 July 1, 2011. 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 July 1, 2011.

Plaintiffs request twenty depositions rather than the ten depositions provided by the Federal Rules. See Fed. R. Civ. P. 26(b)(2)(A), 30(a)(2)(A)(I). Because plaintiffs state that they do not know the identity or exact number of persons they believe they need to depose, the number of depositions will be limited to the ten provided by Rule 30. Should plaintiffs desire additional depositions, they may file a motion with the magistrate judge assigned to the case.

To the extent the parties cannot agree on the locations where the party and non-party witnesses are to be deposed, they may file any appropriate motions with ...


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