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Diamond v. State Farm Mutual Automobile Insurance Co.

October 13, 2009

ARTHUR DIAMOND, PLAINTIFF,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL., DEFENDANTS.



AMENDED*fn1 STATUS (PRETRIAL SCHEDULING) ORDER READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES WHICH THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND PARTIES MUST COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN ORDER OF JUDGMENT.

Pursuant to court order, a Status (Pretrial Scheduling) Conference was held on September 4, 2009, at 11:00 a.m. Plaintiff Arthur Diamond, who is proceeding pro se, appeared on his own behalf. Robert McClay, Esq. appeared for defendant State Farm Mutual, Devera Petak, Esq. appeared for defendant CSE Insurance Group and Vickey Quinn, Esq. appeared for defendant Mediterranean Shipping Company.

After hearing, the court makes the following findings and orders: SERVICE OF PROCESS Service of process has been completed. No further service is permitted except with leave of court, good cause having been shown.

JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings is permitted except with leave of court, good cause having been shown. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609-10 (9th Cir. 1992).

JURISDICTION/VENUE

Defendants removed this action from state court pursuant to 28 U.S.C. § 1441(a) and assert that this court has federal question jurisdiction over this action pursuant to 28 U.S.C. § 1331. Plaintiff disputes federal question jurisdiction in his motion to remand which the court currently has under submission. Venue is not disputed in the event federal question jurisdiction is found to exist.

MOTION HEARING SCHEDULES

All law and motion, except as to discovery, which is discussed below, shall be conducted so as to be completed by May 28, 2010. The word "completed" in this context means that all law and motion matters must be heard on or before the above date. Because this date is not necessarily a date that will be set aside for law and motion hearings, it is incumbent upon counsel and parties proceeding pro se to contact this court's courtroom deputy, Pete Buzo, at (916) 930-4128 sufficiently in advance so as to ascertain dates upon which law and motion will be heard and to properly notice motions for hearing on or before the specified date. This paragraph does not preclude the filing of motions for continuances, motions for temporary restraining orders, and other emergency applications that are subject to special scheduling.

The parties are cautioned to refer to Local Rule 78-230 regarding the requirements for noticing non-discovery motions on this court's regularly scheduled law and motion calendar. Opposition or statement of non-opposition to all properly noticed motions shall be filed and served not later than 4:30 p.m. fourteen (14) days preceding the hearing date except that opposition served by mail must be served no less than seventeen (17) days preceding the hearing date.

The parties should keep in mind that the purpose of law and motion is to narrow and refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that are susceptible to resolution without trial. To accomplish that purpose, the parties must identify and fully research the issues presented by the case and then examine those issues in light of the evidence gleaned through discovery. If it appears to counsel or a party proceeding pro se after examining the legal issues and the facts that an issue can be resolved by pretrial motion, counsel or the pro se party shall file an appropriate motion within the time set forth above.

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL MOTION.

Counsel and parties proceeding pro se are reminded that motions in limine are procedural devices designed to address the admissibility of evidence. Counsel and parties proceeding pro se are cautioned that the court will look with disfavor upon substantive motions presented in the guise of motions in limine at the time of trial. Counsel and parties proceeding pro se are further cautioned that if any legal issue that should have been tendered to the court by pretrial motion must be resolved by the court after law and motion cutoff, substantial sanctions may be levied against the attorney or the party proceeding pro se who failed to timely file an appropriate motion.

DISCOVERY

All discovery shall be conducted so as to be completed by April 16, 2010. The word "completed" in this context 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 order if ...


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