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Espinoza v. City of Tracy

United States District Court, E.D. California

April 3, 2017

JUAN ESPINOZA, Plaintiff,
v.
CITY OF TRACY, CHIEF OF POLICE GARY HAMPTON, R. LEON CHURCHILL, JR., AND DOES 1 through 40, inclusive, Defendants.

          STATUS (PRETRIAL SCHEDULING) ORDER

          WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE

         After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for April 10, 2017, and makes the following findings and orders without needing to consult with the parties any further.

         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 will be permitted by any party 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's claims arise under 42 U.S.C. § 1983. Venue is undisputed and is hereby found to be proper.

         IV. DISCOVERY

         The parties agree to serve the initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) by no later than April 24, 2017.

         The parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than January 29, 2018. 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 20, 2018.

         Fact discovery shall be so conducted as to be completed by January 8, 2018. All other discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by March 15, 2018. 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 March 15, 2018.

         V. MOTION HEARING SCHEDULE

         All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before April 16, 2018.[1] All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for ...


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