Opinion
23-cv-01895-VC
08-26-2024
TRENT ALLEN, et al., Plaintiffs, v. CITY OF ANTIOCH, et al., Defendants.
ORDER RE BIFURCATION AND PRETRIAL DEADLINES Re: Dkt. No. 142
VINCE CHHABRIA UNITED STATES DISTRICT JUDGE
The defendants' motion to bifurcate and stay discovery relating to municipal and apex-supervisory liability is denied. Although bifurcation of such claims is sometimes a good idea in police cases, it's a bad idea here. The allegations relating to municipal liability are particularly detailed, and some of the evidence adduced to date supports those allegations. It's difficult to imagine that comprehensive discovery relating to municipal liability won't eventually be needed in this case. And even if a subset of plaintiffs is ultimately unable to establish a constitutional violation, the scope of discovery on municipal liability would not change dramatically. Accordingly, moving forward promptly with this discovery is in the interests of justice. The possibility of bifurcating trials can be discussed at a later stage.
Regarding tomorrow's case management conference, the Court is inclined to set pretrial deadlines for all of the plaintiffs' cases, to be divided in roughly four groups. The Court is contemplating the following dates:
Group 1
Fact Discovery Cutoff
April 4, 2025
Last Day to Hear Dispositive Motions
May 22, 2025
Trials
Beginning in September 2025
Group 2
Fact Discovery Cutoff
June 6, 2025
Last Day to Hear Dispositive Motions
August 14, 2025
Trials
Beginning in January 2026
Group 3
Fact Discovery Cutoff
October 3, 2025
Last Day to Hear Dispositive Motions
December 4, 2025
Trials
Beginning in May 2026
Group 4
Fact Discovery Cutoff
December 17, 2025
Last Day to Hear Dispositive Motions
February 26, 2026
Trials
Beginning in September 2026
The parties should be prepared to discuss these dates, as well as which plaintiffs should go in which group, and why.
There is also a disconnect between the Plaintiffs' CMS and the First Amended Complaint in that the FAC lists more officers for each plaintiff than the CMS's proposed groupings. Plaintiffs should be prepared to discuss whether they plan to dismiss certain officers from the complaint.
IT IS SO ORDERED.