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Pinzon v. Vaughn

November 23, 2010

ABRAHAM G. PINZON, PLAINTIFF,
v.
DAN VAUGHN AND PINECREST MARKET, DEFENDANTS.



The opinion of the court was delivered by: Sheila K. Oberto U.S. Magistrate Judge

ORDER SETTING MANDATORY SCHEDULING CONFERENCE

DATE: January 6, 2011

CTRM: # 8 (6th Floor)

It has come to the Court's attention that a scheduling conference has not yet been conducted in this matter. It is, therefore, ordered that the parties appear for a formal Scheduling Conference before United States Magistrate Judge Sheila K. Oberto, in Courtroom 8 at the United States Courthouse, 2500 Tulare Street, Fresno, CA 93721.

Attendance at the Scheduling Conference is mandatory upon each party not represented by counsel or, alternatively, by retained counsel. Only counsel who are thoroughly familiar with the facts and the law of the instant case, and who have full authority to bind his or her client, shall appear. Trial counsel should participate in this Scheduling Conference whenever possible. It may be necessary for counsel to spend up to forty-five (45) minutes in this Conference.

A Joint Scheduling Report, carefully prepared and executed by the parties or their counsel, shall be electronically filed in CM/ECF, one (1) full week prior to the Scheduling Conference, and shall be e-mailed, in WordPerfect or Word format, to skoorders@caed.uscourts.gov.

For reference purposes, the Court requires that the parties' Joint Scheduling Report indicate the date, time, and courtroom of the Scheduling Conference opposite the caption on the first page of the Report.

Among other things, the parties will be expected to discuss the possibility of settlement. The parties are to thoroughly discuss settlement with each other before undertaking the preparation of the Joint Scheduling Report and engaging in extensive discovery. However, even if settlement negotiations are progressing, the parties are expected to comply with the requirements of this Order unless otherwise excused by the Court. If the case is settled, please promptlyinform the Court, and the parties' presence, as well as the Joint Scheduling Report, will not be required.

The parties may request that their attendance be by telephonic conference. If both parties wish to appear telephonically, the parties shall decide which will be responsible for making prior arrangements for the conference call and shall initiate the call at the above-designated time. After all parties are on the line, the call should then be placed to Judge Oberto's chambers at 559-499-5970. Additionally, the parties are directed to indicate on the face of their Joint Scheduling Report that the conference will be telephonic.

At least twenty (20) days prior to the Mandatory Scheduling Conference, the parties -- either pro se or through their trial counsel -- shall conduct and conclude a conference at a time and place arranged by the parties ("Rule 26(f) conference"). This conference should preferably be a personal conference between the parties but, due to the distances involved in this District, a telephonic conference call involving both parties or their counsel is permissible. The Joint Scheduling Report shall respond to the following items by corresponding numbered paragraphs:

Form and Contents of the Joint Scheduling Report

1. Summary of the factual and legal contentions set forth in the pleadings of each party, including the relief sought by any party presently before the Court.

2. Any proposed amendment to the pleadings presently on file shall be filed by its proponent contemporaneously with the Scheduling Conference Report. If the matter cannot be resolved at the Scheduling Conference, the matter will be set as a Motion to Amend in accordance with the Rules of Practice of the Eastern District of California. A proposed deadline for amendments to pleadings shall be included.

3. A summary detailing the uncontested and contested facts. 4. A summary of the legal issues as to which there is no dispute, e.g., jurisdiction, venue, applicable federal or state law, ...


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