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Lintz v. Lintz

October 13, 2010

DIEDRA A. LINTZ, PLAINTIFF,
v.
JOHN E. POTTER, POSTMASTER GENERAL, UNITED STATES POSTAL SERVICE, 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.

Although a status (pretrial scheduling) conference in this matter was set for October 14, 2010, the undersigned submitted the matter without appearances after concluding that such appearances were not necessary for the issuance of a scheduling order.*fn1 (See Dkt. No. 29.) In consideration of the parties' Joint Status Report filed on October 7, 2010 (Dkt. No. 28), the court enters the following scheduling order:

NATURE OF CASE

Plaintiff is a former employee of the United States Postal Service ("USPS"), who has sued the Postmaster General seeking damages and injunctive relief on claims related to her employment with, and termination by, USPS. The court previously granted defendant's motion to dismiss plaintiff's Second Amended Complaint without prejudice, and plaintiff filed a Third Amended Complaint. (Dkt. Nos. 21, 22.) Defendant filed an answer to the Third Amended Complaint. (Dkt. No. 23.)

SERVICE OF PROCESS

The parties agree that service of process is complete. As noted above, defendant filed an answer to plaintiff's Third Amended Complaint.

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

The parties dispute whether this court has jurisdiction to hear plaintiff's claims. Although plaintiff alleges that subject matter jurisdiction is proper under 28 U.S.C. § 1331, defendant disagrees. The undersigned finds that, at this point in the proceedings, jurisdiction is proper because plaintiff's claims are based, at least in part, on alleged violations of federal statutes. See 28 U.S.C. § 1331. The partes do not dispute that venue is proper, and the undersigned finds that venue is proper. See 28 U.S.C. §§ 1391(b), 1402.

MOTION HEARING SCHEDULES

All law and motion, except as to discovery-related matters, shall be completed by November 3, 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 court's 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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