United States District Court, E.D. California
SCHEDULING ORDER (FED.R.CIV.P 16)
I.
Date of Scheduling Conference
The
Scheduling Conference was held on January 10, 2020.
II.
Appearances of Counsel
Counsel
Cesar Gavidia, Jr., appeared telephonically on behalf of
Plaintiff.
Counsel
Blake J. Russum appeared telephonically on behalf of
Defendant.
III.
Consent to Magistrate Judge
Pursuant
to 28 U.S.C. § 636(c), to the parties who have not
consented to conduct all further proceedings in this case,
including trial, [1] before United States Magistrate Judge
Stanley A. Boone, you should be informed that because of the
pressing workload of United States district judges and the
priority of criminal cases under the United States
Constitution, you are encouraged to consent to magistrate
judge jurisdiction in an effort to have your case adjudicated
in a timely and cost effective manner.
Presently,
when a civil trial is set before Judge Drozd, any criminal
trial set which conflicts with the civil trial will take
priority, even if the civil trial was set first. Continuances
of civil trials under these circumstances may no longer be
entertained, absent a specific and stated finding of good
cause, but the civil trial may instead trail from
day to day or week to week until the completion of either the
criminal case or the older civil case.
The
parties are advised that they are free to withhold consent or
decline magistrate jurisdiction without adverse substantive
consequences.
IV.
Amendments to Pleading
Any
motions or stipulations requesting leave to amend the
pleadings must be filed by no later than April 17,
2020. The parties are advised that filing motions
and/or stipulations requesting leave to amend the pleadings
does not reflect on the propriety of the amendment or imply
good cause to modify the existing schedule, if necessary. All
proposed amendments must (A) be supported by good cause
pursuant to Fed.R.Civ.P. 16(b) if the amendment requires any
modification to the existing schedule, see Johnson v.
Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir.
1992), and (B) establish, under Fed.R.Civ.P. 15(a), that such
an amendment is not (1) prejudicial to the opposing party,
(2) the product of undue delay, (3) proposed in bad faith, or
(4) futile, see Foman v. Davis, 371 U.S. 178, 182
(1962).
V.
Discovery and Motion Schedule
The
administrative record shall be filed on or before
September 1, 2020. Motions for summary
judgment shall be filed on or before October 4,
2020. Oppositions to the motions for summary
judgment shall be filed on or before October 18,
2020. The motions shall be heard pursuant to the
Local Rules in Courtroom 2 before United States District
Judge Dale A. Drozd. In scheduling such motions, counsel
shall comply with Fed. R. Civ. P 56 and Local
Rules 230 and 260.
Motions
for Summary Judgment or Summary Adjudication:
Prior to filing a motion for summary judgment or motion for
summary adjudication, the parties are ORDERED to meet, in
person or by telephone, ...