Opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 ESTATE OF EZEKIEL RIVERA, et al., Case No. 1:24-cv-00176-JLT-CDB

12 Plaintiffs, SCHEDULING ORDER (Fed. R. Civ. P. 16)

13 v. Pleading Amendment: September 18, 2026

Rule 26 Disclosures: April 17, 2026

14 KERN COUNTY SHERIFF’S Discovery Deadlines:

DEPARTMENT, et al., Non-Expert: April 2, 2027

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Expert Disclosure: May 5, 2027

16 Defendants. Rebuttal Expert Disclosure: June 4, 2027

Expert: July 9, 2027

17 Mid-Disc. Status Conf.: Feb. 25, 2027, 9:00 AM

18 Non-Dispositive Motion Deadlines (CDB):

Filing: July 23, 2027

19 Hearing: August 30, 2027, at 10:30 AM

20 Dispositive Motion Deadlines (JLT):

Filing: September 13, 2027

21 Hearing: October 26, 2027, at 8:30 AM

22 Pre-Trial Conf. (JLT): January 10, 2028, 1:30 PM

2500 Tulare Street, Fresno, CA

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Jury Trial (JLT): March 7, 2028, 8:30 AM

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2500 Tulare Street, Fresno, CA

25 (estimated 7-10 days)

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27 Plaintiffs Soluna Lora, individually and as successor in interest to the Estate of Ezekiel Rivera,

28 and E.R., individually and by and through his guardian ad litem Josephina Villareal (collectively,

1 “Plaintiffs”), filed the operative first amended complaint (“FAC”) against Defendants Kern County

2 Sheriff’s Department, County of Kern (collectively, “County Defendants”), Deputy Swords, Deputy

3 Chavez, and Sheriff Donny Youngblood (collectively, “Defendants”) on May 31, 2024. (Doc. 22).

4 Following the Court’s partial grant of County Defendants’ motion to dismiss certain claims (Doc. 47),

5 and Plaintiffs’ filing of a notice electing to stand on the FAC (Doc. 48), County Defendants filed an

6 answer to the FAC (Doc. 50) in compliance with the Court’s order thereto (Doc. 49). Plaintiffs bring

7 various claims under § 1983 against Defendants based on allegations that Defendants caused the death

8 of Ezekiel Rivera and the overdose of E.R. on June 5, 2023. See (Doc. 51 at 2).

9 The parties convened via Zoom videoconference for a scheduling conference before Magistrate

10 Judge Christopher D. Baker on March 18, 2026. Christian Contreras appeared on behalf of Plaintiffs.

11 Andrew C. Hamilton appeared on behalf of County Defendants. Brande L. Gustafon and James D.

12 Weakley appeared on behalf of individual Defendants Deputies Swords and Chavez.

13 I. Magistrate Judge Consent

14 Currently there is no joint consent to Magistrate Judge jurisdiction.

15 Notice of Congested Docket and Court Policy of Trailing

16 Due to the District Judges’ heavy caseload, the adopted policy of the Fresno Division of the

17 Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set before a

18 District Judge, the parties will trail indefinitely behind any higher priority criminal or older civil case

19 set on the same date until a courtroom becomes available. The trial date will not be reset.

20 The Magistrate Judges’ availability is far more realistic and accommodating to parties than that

21 of the District Judges who carry the heaviest caseloads in the nation and who must prioritize criminal

22 and older civil cases over more recently filed civil cases. A Magistrate Judge may conduct trials,

23 including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73,

24 and Local Rule 305. Any appeal from a judgment entered by a Magistrate Judge is taken directly to the

25 United States Court of Appeal for the Ninth Circuit.

26 Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to

27 conduct all further proceedings, including trial, and to file a consent/decline form (provided by the Court

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1 at the inception of this case) indicating whether they will consent to the jurisdiction of the Magistrate

2 Judge.

3 II. Pleading Amendment

4 Any motions to amend the pleadings, including to add or substitute parties (including Doe

5 defendants) and/or allegations and claims, must be filed by September 18, 2026. Filing a motion and/or

6 stipulation requesting leave to amend the pleadings does not reflect on the propriety of the amendment

7 or imply good cause to modify the existing schedule, if necessary. All proposed amendments must (A)

8 be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any modification

9 to the existing schedule, see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992),

10 and (B) establish, under Fed. R. Civ. P. 15(a), that such an amendment is not (1) prejudicial to the

11 opposing party, (2) the product of undue delay, (3) proposed in bad faith, or (4) futile, see Foman v.

12 Davis, 371 U.S. 178, 182 (1962).

13 III. Discovery Plan and Cut-Off Date

14 The parties shall exchange initial disclosures required by Fed. R. Civ. P. 26(a)(1) no later than

15 April 17, 2026.

16 The parties are ordered to complete all discovery pertaining to non-experts on or before April 2,

17 2027, and all discovery pertaining to experts on or before July 9, 2027.

18 The parties are directed to disclose all expert witnesses1, in writing, on or before May 5, 2027,

19 and to disclose all rebuttal experts on or before June 4, 2027. The written designation of retained and

20 non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) and shall

21 include all information required thereunder. Failure to designate experts in compliance with this order

22 may result in the Court excluding the testimony or other evidence offered through such experts that are

23 not disclosed pursuant to this order.

24 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts

25 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions included

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1 In the event an expert will offer opinions related to an independent medical or mental health

28 evaluation, the examination SHALL occur sufficiently in advance of the disclosure deadline so the

expert’s report fully details the expert’s opinions in this regard.

1 in the designation. Failure to comply will result in the imposition of sanctions, which may include

2 striking the expert designation and preclusion of expert testimony.

3 The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement disclosures

4 and responses to discovery requests will be strictly enforced.

5 A mid-discovery status conference is scheduled for February 25, 2027, at 9:00 AM before

6 Judge Baker. Counsel SHALL file a joint mid-discovery status conference report no later than one week

7 before the conference. Counsel also SHALL lodge the joint status report via e-mail to

8 CDBorders@caed.uscourts.gov. The joint status report SHALL outline the discovery counsel have

9 completed and that which needs to be completed as well as any impediments to completing the discovery

10 within the deadlines set forth in this order. Counsel SHALL discuss settlement and certify in the joint

11 status report (1) that they have met/conferred regarding settlement, and (2) proposed dates for convening

12 a settlement conference before a U.S. Magistrate Judge.

13 IV. Pre-Trial Motion Schedule / Informal Discovery Dispute Conferences

14 A. Meet and Confer Requirement

15 Prior to filing any motion in which the parties are represented by counsel, counsel must comply

16 with any meet and confer requirements governed by the district judge’s standing order, if assigned, or

17 if no district judge is assigned, counsel for the moving party must initiate and complete good faith meet

18 and confer efforts with opposing counsel to discuss thoroughly the substance of the contemplated motion

19 and any potential resolution. Counsel should resolve minor procedural or other non-substantive matters

20 during the meet and confer process so that briefing on motions that proceed to hearing are directed only

21 to those substantive issues requiring resolution by the Court. In the notice of motion, counsel for the

22 moving party shall certify that meet and confer efforts have been exhausted and include a summary of

23 meet and confer efforts.

24 B. Pre-Trial Motions

25 All non-dispositive pre-trial motions, including any discovery motions, shall be filed by July 23,

26 2027, and heard on or before August 30, 2027, at 10:30 AM. For these hearings and at the direction of

27 the Courtroom Deputy Clerk, the Court may direct counsel to appear remotely (via Zoom). For hearings

28 noticed to occur in-person, the Court may permit counsel to appear remotely (via Zoom) provided the

1 Courtroom Deputy Clerk receives a written notice of the request to appear remotely no later than five

2 court days before the noticed hearing date.

3 No motion to amend or stipulation to amend the case schedule will be entertained unless it is

4 filed at least three days before the first deadline the parties wish to extend.

5 All dispositive pre-trial motions shall be filed no later than September 13, 2027, and heard on

6 October 26, 2027, at 8:30 AM. In scheduling such motions, absent consent to Magistrate Judge

7 jurisdiction, counsel SHALL consult the assigned District Judge’s general information and calendar

8 accordingly and SHALL comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260.

9 C. Written Discovery Motions

10 No written discovery motions shall be filed without the prior approval of Judge Baker. A party

11 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by

12 agreement the issues in dispute. If that good faith effort is unsuccessful, prior to making any filing, the

13 requesting party promptly shall seek a conference with all involved parties and Judge Baker. To

14 schedule this conference, the parties should contact the Courtroom Deputy Clerk, Cori Boren, at (661)

15 326-6620 or via email at CBoren@caed.uscourts.gov.

16 At least two (2) days before the conference, counsel shall file a joint, informal letter brief

17 detailing each party’s position. Each party’s narrative shall not exceed five pages, excluding exhibits,

18 and shall cite relevant authority in support of the party’s position. At the commencement of the

19 conference, if the parties jointly agree to Judge Baker’s consideration and resolution of the discovery

20 disputes outside the formal Local Rule 251 procedures, the Court will entertain arguments by the parties

21 and issue a written ruling. If the parties do not jointly agree to the informal discovery dispute resolution

22 procedures set forth herein, the requesting party may then seek relief through motion to compel. Counsel

23 must comply with Local Rule 251 with respect to discovery disputes and certify their compliance in any

24 discovery motion.

25 V. Motions for Summary Judgment or Summary Adjudication

26 At least 21 days before filing a motion for summary judgment or motion for summary

27 adjudication, the parties SHALL meet, in person or by telephone, to confer about the issues to be raised

28 in the motion.

1 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a

2 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole

3 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the

4 issues for review by the court; 5) explore the possibility of settlement before the parties incur the expense

5 of briefing a motion; and 6) to develop a joint statement of undisputed facts.

6 The moving party SHALL initiate the meeting and SHALL provide a complete, proposed

7 statement of undisputed facts at least five days before the conference. The finalized joint statement of

8 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be

9 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint

10 statement of undisputed facts.

11 In the notice of motion, the moving party SHALL certify that the parties have met and conferred

12 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to

13 comply may result in the motion being stricken.

14 VI. Pre-Trial Conference

15 January 10, 2028, at 1:30 PM, located at the United States District Courthouse, 2500 Tulare

16 Street, in Fresno, California, before District Judge Jennifer L. Thurston.

17 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). The

18 parties are further directed to submit a digital copy of their pretrial statement in Word format, directly

19 to District Judge Thurston’s chambers, by email at JLTorders@caed.uscourts.gov.

20 Counsels’ attention is directed to Rules 281 and 282 of the Local Rules for the Eastern District

21 of California, as to the obligations of counsel in preparing for the pre-trial conference. The Court will

22 insist upon strict compliance with those rules. In addition to the matters set forth in the Local Rules, the

23 Joint Pretrial Statement shall include a Joint Statement of the case to be used by the Court to explain the

24 nature of the case to the jury during voir dire.

25 VII. Trial Date

26 March 7, 2028, at 8:30 AM, located at the United States District Courthouse, 2500 Tulare

27 Street, in Fresno, California, before District Judge Jennifer L. Thurston.

28 A. This is a jury trial.

1 B. Counsels’ Estimate of Trial Time: 7-10 days.

2 C. Counsels’ attention is directed to Local Rules of Practice for the Eastern District of

3 California, Rule 285.

4 VIII. Settlement Conference

5 The parties SHALL meet and confer and notify the Court prior to the Pre-Trial Conference

6 whether they wish to convene a Settlement Conference. In the event the parties request a Settlement

7 Conference, unless otherwise permitted in advance by the Court, the attorneys who will try the case

8 shall appear at the settlement conference with the parties and the person or persons having full authority

9 to negotiate and settle the case on any terms2 at the conference.

10 Consideration of settlement is a serious matter that requires preparation prior to the settlement

11 conference. Set forth below are the procedures the Court will employ, absent good cause, in conducting

12 the conference.

13 At least twenty-one days before the settlement conference, Plaintiff SHALL submit to Defendant

14 via fax or e-mail, a written itemization of damages and a meaningful3 settlement demand which includes

15 a brief explanation of why such a settlement is appropriate. Thereafter, no later than fourteen days

16 before the settlement conference, Defendant SHALL respond, via fax or e-mail, with an acceptance of

17 the offer or with a meaningful counteroffer which includes a brief explanation of why such a settlement

18 is appropriate.

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2 Insurance carriers, business organizations, and governmental bodies or agencies whose

23 settlement agreements are subject to approval by legislative bodies, executive committees, boards of

directors or the like shall be represented by a person or persons who occupy high executive positions in

24 the party organization and who will be directly involved in the process of approval of any settlement

offers or agreements. To the extent possible, the representative shall have authority, if he or she deems

25 it appropriate, to settle the action on terms consistent with the opposing party's most recent demand.

26 3 “Meaningful” means the offer is reasonably calculated to settle the case on terms acceptable to

the offering party. “Meaningful” does not include an offer which the offering party knows will not be

27 acceptable to the other party. If, however, the offering party is only willing to offer a settlement which it

knows the other party will not accept, this should trigger a recognition the case is not in a settlement

28 posture and the parties should confer about continuing or vacating the settlement conference via

stipulation.

1 If settlement is not achieved, each party SHALL attach copies of their settlement offers to their

2 Confidential Settlement Conference Statement, as described below. Copies of these documents shall

3 not be filed on the court docket.

4 CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT

5 At least five court days prior to the settlement conference, the parties shall submit, directly to

6 Judge Baker’s chambers by e-mail to CDBOrders@caed.uscourts.gov, a Confidential Settlement

7 Conference Statement. The statement should not be filed with the Clerk of the Court nor served on any

8 other party, although the parties may file a Notice of Lodging of Settlement Conference Statement. Each

9 statement shall be clearly marked "confidential" with the date and time of the settlement conference

10 indicated prominently thereon.

11 The Confidential Settlement Conference Statement shall include the following:

12 A. A brief statement of the facts of the case.

13 B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which

14 the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the claims and

15 defenses; and a description of the major issues in dispute.

16 C. A summary of the proceedings to date.

17 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial.

18 E. The relief sought.

19 F. The party’s position on settlement, including present demands and offers and a history

20 of past settlement discussions, offers and demands.

21 IX. Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten

22 Trial

23 Defendants reserve the right to request bifurcation of Monell and punitive damages for Deputies

24 Swords and Chavez. Plaintiffs oppose any bifurcation whatsoever with the exception of a potential

25 punitive damages award if there is a punitive damages finding. (Doc. 51 ¶ XII).

26 X. Related Matters Pending

27 There are no pending related matters.

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1 || XI. Compliance with Federal Procedure

2 All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure ar

3 || the Local Rules of the Eastern District of California, and to keep abreast of any amendments theret

4 || The Court requires compliance with these Rules to efficiently handle its increasing case load.

5 XII. Effect of this Order

6 The foregoing order represents the best estimate of the court and counsel as to the agenda mo

7 |! suitable to dispose of this case. The trial date reserved is specifically reserved for this case. Ifthe parti

8 || determine at any time that the schedule outlined in this order cannot be met, counsel are ordered to nott

9 |I the court immediately of that fact so that adjustments may be made, either by stipulation or |

10 subsequent status conference.

The dates set in this Order are considered to be firm and will not be modified absent

12 showing of good cause even if the request to modify is made by stipulation. Stipulations extendir

13 || the deadlines contained herein will not be considered unless they are accompanied by affidavi

14 Vor declarations, and where appropriate attached exhibits, which establish good cause for grantir

13 || the relief requested.

16 Failure to comply with this order may result in the imposition of sanctions.

IT IS SO ORDERED.

19 Dated: _March 18, 2026 _ Pr DR~

UNITED STATES MAGISTRATE JUDGE

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