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Mitchell v. Heartland Recreational Vehicles

February 25, 2009

JIM MITCHELL; JOHANNA MITCHELL, PLAINTIFFS,
v.
HEARTLAND RECREATIONAL VEHICLES, LLC., AND DOES 1 THROUGH 20, 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 March 2, 2009, is vacated since the parties' Joint Status Report ("JSR") indicates that the following Order should issue.

DOE DEFENDANTS

The JSR states Plaintiffs request 90 days to complete initial discovery to determine whether a Doe defendants is necessary. Therefore, Plaintiffs have until April 23, 2009, to file a motion in which leave is sought under Federal Rule of Civil Procedure 15(a) to file an Amended Complaint for the purpose of substituting a named defendant in place of a doe defendant. The motion must be noticed for hearing on the Court's earliest available law and motion hearing date. If leave is not sought as stated, this will automatically effectuate dismissal of Does 1 through 20 from this action.

SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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 Plaintiff substitutes a named defendant in place of a Doe defendant, a copy of this Order shall be served on that defendant concurrently with the service of process. That defendant has 30 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 December 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 June 15, 2009, and with any rebuttal expert disclosure authorized under the Rule on or before July 15, 2009.

MOTION HEARING SCHEDULE

The last hearing date for motions shall be February 8, 2010, 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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