Summary
This document is a Second Amended Further Pretrial Scheduling Order in a 42 U.S.C. § 1983 civil rights action in the Eastern District of California. It sets deadlines and requirements for the joint pretrial statement, motions in limine, proposed jury materials, courtesy copies, the final pretrial conference on September 8, 2025, and an eight-day jury trial beginning October 6, 2025.
Topics
Practice areas
Questions Presented
- What trial-related deadlines and filing requirements should govern the remaining § 1983 action?
- What showing is required to modify the scheduling order under Federal Rule of Civil Procedure 16(b)(4)?
Holdings
- The scheduling order may be modified only by leave of court upon a showing of good cause; party agreement, settlement-related assertions without specific supporting details, and ordinary unavailability of witnesses or counsel do not by themselves establish good cause.
Key quotations
“This case schedule will become final without further order of the Court unless written objections are filed within fourteen (14) days of the entry of this order.” (at 6)
Factual background
Baljit Singh is a state prisoner pursuing a civil-rights action under 42 U.S.C. § 1983 against Dr. Nicolas Aguilera, the sole remaining defendant. The court had previously granted summary judgment to two other defendants, Michael Ullery and W. Vaughn. The parties reached an agreement in principle but were unable to finalize a settlement, prompting the court to issue a second amended further pretrial scheduling order.
Procedural history
Plaintiff Baljit Singh, a state prisoner proceeding through counsel, brought a civil-rights action against Dr. Nicolas Aguilera and other defendants. Defendants Michael Ullery and W. Vaughn were dismissed after the court granted their summary-judgment motions, leaving Aguilera as the sole remaining defendant. After settlement efforts did not result in a finalized agreement, the court superseded the prior trial-related scheduling order and set deadlines for the final pretrial conference, motions in limine, trial submissions, and jury trial.