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Olvera v. County of Sacramento

September 2, 2010

EDWARD OLVERA, ET AL., PLAINTIFFS,
v.
COUNTY OF SACRAMENTO, ET AL., DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for September 7, 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

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 have agreed to serve their initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) no later than August 31, 2011.

The parties jointly request a bifurcated discovery process that would address liability and damages now and proceed on Monell liability in a second phase. The parties agree that this proposal does not mean that County party employees cannot be questioned about their understanding of policies, practices, procedures, or training during the initial discovery phase.

All discovery for the first phase including depositions for preservation of testimony, shall be conducted so as to be completed by January 31, 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 January 31, 2011.

All discovery for the second phase including depositions for preservation of testimony shall begin on February 1, 2011 and shall thereafter be conducted so as to be completed by June 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 June 1, 2011.

The parties stipulate to fifteen depositions per side without leave of court rather than the ten depositions provided by the Federal Rules. See Fed. ...


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