UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 17, 2011
CHARLES H. LEWIS AND JANE W. LEWIS, PLAINTIFFS,
CONFERENCE ROBERT D. RUSSELL; IRENE RUSSELL; BEN J. NEWITT; THE ESTATE OF PHILLIP NEWITT, DECEASED; JUNG HANG SUH; SOO JUNG SUH; JUNG K. SEO; THE DAVIS CENTER, LLC; MELVIN R. STOVER, INDIVIDUALLY AND AS TRUSTEE OF THE STOVER FAMILY TRUST; EMILY A. STOVER, INDIVIDUALLY AND AS TRUSTEE OF THE STOVER FAMILY TRUST; STOVER FAMILY TRUST; RICHARD ALBERT STINCHFIELD, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE OF THE ROBERT S. STINCHFIELD SEPARATE PROPERTY REVOCABLE TRUST, AND AS TRUSTEE OF THE BARBARA ELLEN STINCHFIELD TESTAMENTARY TRUST; ROBERT S. STINCHFIELD SEPARATE PROPERTY REVOCABLE TRUST; THE BARBARA ELLEN STINCHFIELD TESTAMENTARY TRUST; WORKROOM SUPPLY, INC., A CALIFORNIA CORPORATION; SAFETY-KLEEN CORPORATION, CALIFORNIA CORPORATION; THE CITY OF DAVIS; JENSEN MANUFACTURING COMPANY; VIC MANUFACTURING COMPANY; MARTIN FRANCHISES INC., AKA/DBA MARTINIZING DRY CLEANING, DEFENDANTS,
ORDER RE: RESETTING STATUS (PRETRIAL SCHEDULING) AND RELATED COUNTER, CROSS, AND THIRD-PARTY CLAIMS.
As it appears that defendants, cross-defendants, counter-defendants, counter-claimants, and cross-claimants Jung Hang Suh and Soo Jung Suh ("the Suhs") were not served with the court's prior Order setting a Status (Pretrial Scheduling) Conference (Docket No. 334), the court hereby RESETS the Status (Pretrial Scheduling) Conference for April 18, 2011, at 2:00 p.m. in Courtroom No. 5. Failure of a party to comply with the requirements enumerated in this Order may result in sanctions including, but not limited to, dismissal of that party's claims and/or an entry of default against the party.
IT IS ORDERED THAT:
1. At least twenty-one (21) calendar days before the scheduling conference is held, the parties shall confer and attempt to agree upon a discovery plan, as required by Federal Rule of Civil Procedure 26(f).
2. Pursuant to Local Rule 240, the parties shall submit to the court an amended JOINT Status Report fourteen (14) calendar days prior to the hearing date, which shall contain the Suhs' amendments to the previously-submitted Joint Status Report regarding the following information:
(a) a brief summary of the claims;
(b) a statement as to the status of service upon all defendants and cross-defendants;
(c) a statement as to the possible joinder of additional parties;
(d) any contemplated amendments to the pleadings;
(e) the statutory basis of jurisdiction and venue;
(f) a written report outlining the proposed discovery plan required by Federal Rule of Civil Procedure 26(f);
(g) a proposed cut-off date by which all discovery shall be concluded;
(h) a proposed date by which all motions shall be filed and heard;
(i) any proposed modification of standard pretrial proceedings due to the special nature of the action;
(j) the estimated length of trial;
(k) a statement as to whether the case is related to any other case, including any matters in bankruptcy;
(l) any other matters discussed in Local Rule 240 that may add to the just and expeditious disposition of this matter; and
(m) a statement by any non-governmental corporate party identifying all of its parent and subsidiary corporations and listing any publicly-held company that owns 10% or more of the party's stock. If any non-governmental corporate party has no parent or subsidiary corporations or no publicly-held companies owning 10% or more of its stock, it shall so state in the Joint Status Report. Thereafter, if there is any change in the information, the party shall file and serve a supplemental statement within a reasonable time after such change occurs.
3. In appropriate cases, and after receiving the parties' Joint Status Report, the court may issue a Status (Pretrial Scheduling) Order without requiring a status conference. Unless the parties have received such an order prior to the status conference, the parties are required to attend the status conference as scheduled. Failure of counsel or of a pro se party to attend the status conference as scheduled may result in sanctions, including but not limited to dismissal of that party's claims and/or an entry of default against the party.
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