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Phillips v. United States

May 24, 2010

O.D. PHILLIPS, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

STATUS (PRETRIAL SCHEDULING) ORDER

READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES THAT THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND PARTIES MUST COMPLY. 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.

On April 22, 2010, the case was before the undersigned for a status (pretrial scheduling) conference.*fn1 (Dkt. No. 16.) Following the status conference, the undersigned ordered the parties to file a joint status report, and the parties have done so. (See Dkt. Nos. 15, 17.) In consideration of the Joint Status Report filed on May 24, 2010 (Dkt. No. 17), the court enters the following scheduling order:

NATURE OF CASE

Plaintiff filed a complaint against the United States of America seeking relief under the Federal Tort Claims Act ("FTCA"). (Pl.'s Compl. at 2, Dkt. No. 1.) Plaintiff alleges that he filed an unsuccessful administrative claim with the United States Department of Veterans Affairs arising from alleged medical malpractice committed by physicians at the Veterans Hospital at McClellan Air Force Base in Sacramento, California. (Id. at 1-2.) In essence, plaintiff alleges that his physicians failed to timely diagnose squamous cell carcinoma in his neck and, as a result, he was forced to undergo "a left modified radical neck dissection followed by radiation treatment." (Id. at 2.) Plaintiff seeks three million dollars in compensatory damages.

SERVICE OF PROCESS

Service of process is undisputed, and defendant has filed an answer to plaintiff's complaint. (Dkt. No. 14.)

JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings will be permitted except with leave of court and upon a showing of good cause.

JURISDICTION/VENUE

Jurisdiction is undisputed and is hereby found to be proper. See 28 U.S.C. § 1331. The parties' Joint Status Report states that "[i]t appears at this time that the Eastern District of California is the appropriate venue for this cause of action." (Dkt. No. 17 at 2:2-3.) The undersigned construes the partes' statement as conveying that venue is undisputed, and the undersigned hereby finds venue to be proper. See 28 U.S.C. §§ 1391(b), 1402(b).

MOTION HEARING SCHEDULES

All law and motion, except as to discovery-related matters, shall be completed by September 30, 2011. The word "completed" in this context means that all law and motion matters must be heard by the above date. Counsel (and/or pro se parties)*fn2 are cautioned to refer to the Local Rules regarding the requirements for noticing such motions on the court's regularly scheduled law and motion calendar. This paragraph does not preclude motions for continuances, temporary restraining orders or other emergency applications, and is subject to any special scheduling set forth in the "MISCELLANEOUS PROVISIONS" paragraph below.

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 need to identify and fully research the issues presented by the case, and then examine those issues in light of the evidence obtained through discovery. If it appears to counsel after examining the legal issues and facts that an issue can be ...


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