The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
STATUS (PRETRIAL SCHEDULING) ORDER REAL PROPERTY LOCATED AT 1 MILE INCLUDING ALL APPURTENANCES AND IMPROVEMENTS THERETO,
The status (pretrial scheduling) conference scheduled for March 28, 2011, is vacated since the parties' Joint Status Report filed on March 14, 2011 ("JSR") indicates that the following Order should issue.
Plaintiff states in the JSR: The Clerk entered defaults against James Pickle and Terry J. Williams on January 15, 2010. The Clerk entered Thomas Pickle's default on March 2, 2010, after the claim and answer filed on his behalf were stricken. As stated in footnote one, above, subsequent to entry of Thomas Pickles' default, Erlinda Thomas filed a claim asserting an interest against the property in her own right (based on "ownership") and on behalf of Thomas Pickle as his appointed conservator. Erlinda Thomas' claims raise potential standing issues as the default against Thomas Pickle has not been set aside, and with respect to her claim, it may be untimely and against real property that appears to have been held as Thomas Pickle's sole and separate property.
Plaintiff shall either file whatever document is required to prosecute this case as a default matter against Thomas Pickle, James Pickle and Terry Williams, or shall file a writing no later explaining its failure to do so, no later than 4:00 p.m. on April 29, 2011. If a hearing is requested on this show cause issue, it will be held on May 23, 2011, at 9:00 a.m.
SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT No further service, joinder of parties or amendments to pleadings is permitted, except with leave of Court for good cause shown.
All discovery shall be completed by February 6, 2012. In this context, "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate orders, if necessary, and, where discovery has been ordered, the order has been complied with or, alternatively, the time allowed for such compliance shall have expired.
Each party shall comply with Federal Rule of Civil Procedure 26(a)(2)(c)(i)'s initial expert witness disclosure requirements on or before October 3, 2011, and any contradictory and/or rebuttal expert disclosure authorized under Rule 26(a)(2)(c)(ii) on or before November 17, 2011.
The last hearing date for motions shall be April 2, 2012, at 9:00 a.m.*fn1
Motions shall be filed in accordance with Local Rule 230(b). Opposition papers shall be filed in accordance with Local Rule 230(c). Failure to comply with this local rule may be deemed consent to the motion and the Court may dispose of the motion summarily. Brydges v. Lewis, 18 F.3d 651, 652-53 (9th Cir. 1994). Further, failure to timely oppose a summary judgment motion may result in the granting of that motion if the movant shifts the burden to the non-movant ...