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Petracek v. American Home Mortgage Servicing

August 5, 2009

CLINTON R. PETRACEK; AND KELLY PETRACEK, PLAINTIFFS,
v.
AMERICAN HOME MORTGAGE SERVICING; AND LENDER DOE, 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 August 10, 2009, is vacated since the parties indicate in the Joint Status Report ("JSR") filed on July 27, 2009, that the following Order should issue.

DOE DEFENDANTS

Plaintiffs state in the JSR that "Plaintiffs have named Lender Doe in the complaint and once that entity is identified, Plaintiffs do anticipate amending the complaint and joining that additional party once discovered." This statement fails to comply with Plaintiffs' obligation under Rule 16 to provide meaningful information on when the referenced amendment would be sought.

Plaintiffs indicate they have no idea when they would be in a position to seek the referenced amendment. "Parties anticipating possible amendments... have an unflagging obligation to alert the Rule 16 scheduling judge of the... timing of such anticipated amendments in their status reports so that the judge can consider whether such amendments may properly be sought solely under the Rule 15(a) standard, and whether structuring discovery pertinent to the parties' decision whether to amend is feasible." Jackson v. Laureate, Inc., 186 F.R.D. 605, 608 (E.D. Cal. 1999). (citation and quotations omitted).

Plaintiffs shall conduct discovery pertinent to the referenced amendment forthwith, and are authorized to seek the referenced amendment under Rule 15 provided that the motion in which leave is sought is filed no later than forty-five days from the date on which this order is filed; the motion shall be noticed for hearing on the earliest available regularly scheduled law and motion hearing date. 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 January 14, 2011. 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)(c)(i)'s initial expert witness disclosure requirements on or before August 22, 2010, and with any contradictory and/or rebuttal expert disclosure authorized under Rule 26(a)(2)(c)(ii) on or before September 22, 2010.

MOTION HEARING SCHEDULE

The last hearing date for motions shall be May 16, 2011, ...


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