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Thomas Via v. City of Fairfield

June 22, 2011

THOMAS VIA, PLAINTIFF,
v.
CITY OF FAIRFIELD, A MUNICIPAL CORPORATION;
CADE BECKWITH, INDIVIDUALLY, AND IN HIS CAPACITY AS A POLICE OFFICER FOR THE CITY OF FAIRFIELD; STEVE TROJANOWSKI, SR., INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS A POLICE OFFICER FOR THE CITY OF FAIRFIELD;
STEVE TROJANOWSKI, JR., INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS A POLICE OFFICER FOR THE CITY OF FAIRFIELD;
JIMMIE WILLIAMS, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS A POLICE OFFICER FOR THE CITY OF FAIRFIELD; AND, FAIRFIELD POLICE OFFICERS DOES 1-25, INCLUSIVE, DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for June 27, 2011.

I. SERVICE OF PROCESS

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

II. JOINDER OF PARTIES/AMENDMENTS

On June 10, 2011, the court granted in part and denied in part defendants' Motion to Dismiss, giving plaintiff leave to amend his complaint within thirty days. (Docket No. 17.) After plaintiff's thirty day window expires, 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 predicated upon federal question jurisdiction, 28 U.S.C. § 1331, because plaintiff has brought a claim under 42 U.S.C. § 1983. Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

The parties shall serve the initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) by no later than July 6, 2011.

The parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than October 11, 2011. 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 November 10, 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 February 13, 2012. 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) not later than February 13, 2012.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before April 2, 2012. 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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