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Stickler v. Burkard

February 19, 2010

DELBERT STICKLER, PLAINTIFF,
v.
JEFFREY BURKARD, DEFENDANT.



The opinion of the court was delivered by: J. Michael Seabright United States District Judge

RULE 16 SCHEDULING ORDER

Pursuant to the Federal Rules of Civil Procedure, Rule 16(b)(1) and the Local Rules of the United States District Court for the Eastern District of California, LR 240(a), the court enters this scheduling order to reflect the trial date and other deadlines.

The Parties are NOTIFIED that all pretrial proceedings will be conducted by telecommunications technologies to allow Plaintiff to remain in the penal institution. See 42 U.S.C. § 1997e(f). At the court's discretion, hearings may be conducted in the institution, subject to institution officials' agreement. Id. When practicable, counsel shall be allowed to participate by telecommunications technology when any pretrial proceeding is held in the prison.

TRIAL AND CONFERENCE SCHEDULING:

1. Jury trial in this matter will commence before the Honorable J. Michael Seabright, United States District Judge on October 19, 2010, at 9:00 a.m.

2. A final pre-trial conference shall be held on September 13, 2010, at 9:00 a.m. before the Honorable J. Michael Seabright, United States District Judge.

3. Pursuant to LR 281, each party herein shall serve and file a separate pre-trial statement by August 30, 2010.

MOTIONS:

4. All motions to join additional parties or to amend the pleadings shall be filed by May 17, 2010.

5. When defendants rely on the affirmative defense of failure to exhaust prison administrative remedies pursuant to 42 U.S.C. § 1997e(a), defendants shall file a dispositive motion to that effect, or notify the court that they are waiving this defense and will not be filing such a motion, by April 12, 2010.

6. Motions in limine shall be filed September 30, 2010. Opposition memoranda to a motion in limine shall be filed by October 7, 2010.

7. All motions not otherwise provided for herein shall be filed by June 14, 2010.

8. Unless otherwise ordered by the court, each party shall file only one motion for summary judgment under Fed. R. Civ. P. 56. Leave to file additional motions for summary judgment may be granted by the court when it does not appear that other rules will be circumvented.

9. Motions deadlines will be strictly enforced. After the deadline has passed, the parties may not file such motions except with ...


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