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Armstrong v. Siskiyou County Sheriff's Dep't

September 10, 2008

JERRY ARMSTRONG, PLAINTIFF,
v.
SISKIYOU COUNTY SHERIFF'S DEPARTMENT; BEHR THARSING; ROBERT STEWART, DEFENDANTS.



The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STATUS (PRETRIAL ) SCHEDULING ORDER

The status (pretrial scheduling) conference scheduled for September 15, 2008, is vacated since the parties' Joint Status Report ("JSR") filed August 27, 2008, indicates that the following Order should issue.

SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

Although Defendants state they "are considering filing a Third Party Complaint" in the JSR, they failed to state the last date on which it would be filed. Therefore, Defendants have sixty days from the date on which this Order is filed to file a motion in which leave is sought to file a Third Party Complaint. No further service, joinder of parties or amendments to pleadings is permitted, except with leave of Court, good cause having been shown.

ADDED DEFENDANT'S OPPORTUNITY TO SEEK AMENDMENT OF THIS ORDER

If a party is joined pursuant to the leave given above, a copy of this Order shall be served on that party concurrently with the service of process.

That party has thirty days after said service within which to file a "Notice of Proposed Modification of Status Order." Although a newly-joined party's proposed modification filed within this thirty day period will not have to meet the good cause standard, no further amendments will be permitted except with leave of Court, good cause having been shown.

DISCOVERY

All discovery shall be completed by August 7, 2009. In this context, "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate orders, if necessary, and, where discovery has been ordered, the order has been complied with or, alternatively, the time allowed for such compliance shall have expired.*fn1

Each party shall comply with Federal Rule of Civil Procedure 26(a)(2)'s initial expert witness disclosure and report requirements on or before March 23, 2009, and with any rebuttal expert disclosure authorized under the Rule on or before April 13, 2009.

MOTION HEARING SCHEDULE

The last hearing date for motions shall be October 13, 2009, at 9:00 a.m.*fn2

Motions shall be filed in accordance with Local Rule 78-230(b). Opposition papers shall be filed in accordance with Local Rule 78-230(c). Failure to comply with this local rule may be deemed consent to the motion and the Court may dispose of the motion summarily. Brydges v. Lewis, 18 F.3d 651, 652-53 (9th Cir. 1994). Further, failure to timely oppose a summary judgment motion may result in the granting of that motion if the movant shifts the burden to the non-movant ...


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