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Thomas Dias v. California Highway Patrol Officer Raul Reyna

February 13, 2012

THOMAS DIAS,
PLAINTIFF,
v.
CALIFORNIA HIGHWAY PATROL OFFICER RAUL REYNA, JR. (#16632); CALIFORNIA HIGHWAY PATROL CAPTAIN DARREN IKETANI (#9630); CALIFORNIA HIGHWAY PATROL LIEUTENANT DAN SEAMAN (#16370) AND DOES 1 THROUGH 30, INCLUSIVE, DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for February 21, 2012.

I. SERVICE OF PROCESS

The 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

No further joinder of parties or amendments to pleadings is permitted except with leave of court, good cause having been shown under Fed. R. Civ. P. 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, based on plaintiff's claims under 42 U.S.C. § 1983. Supplemental jurisdiction is based on 28 U.S.C. § 1367. Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

The parties have agreed to serve the initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) by no later than March 6, 2012.

The parties have agreed to complete non-expert discovery by no later than November 2, 2012. The parties shall complete expert discovery in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than February 1, 2013.

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 1, 2013. 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 1, 2013.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before April 1, 2013. 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 opposing such motions on the court's regularly scheduled law and motion calendar.

VI. FINAL PRETRIAL CONFERENCE

The Final Pretrial Conference is set for June 10, 2013, at 2:00 p.m. in Courtroom No. 5. The conference shall be attended by at least one of the attorneys who will conduct the trial for each ...


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