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General Electric Company, A New York Corporation; and v. Thomas Wilkins

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 24, 2011

GENERAL ELECTRIC COMPANY, A NEW YORK CORPORATION; AND
GE WIND ENERGY, LLC, A DELAWARE LIMITED
LIABILITY COMPANY,
PLAINTIFFS,
v.
THOMAS WILKINS, AN INDIVIDUAL, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

Further Scheduling Conference: 4/7/11 8:15 Ctrm. 3

DRAFT CONFERENCE ORDER AFTER SCHEDULING

I. Date of Scheduling Conference. March 24, 2011.

III. Summary of Pleadings.

1. The parties will submit a background statement of the case, uncontested facts, and contested facts.

IV. Orders Re Amendments To Pleadings.

1. On October 13, 2010, Plaintiffs filed a First Amended Complaint. Plaintiffs do not anticipate any additional amendments or the joinder of any additional parties.

2. On March 15, 2011, the Court issued an order denying Mr. Wilkins' motion to dismiss the Amended Complaint. As such, Mr. Wilkins' and Mitsubishi's answers are now due to be filed on March 29, 2011. Fed. R. Civ. P. 12(a)(4)(A). Because no answer has been filed, Mr. Wilkins and Mitsubishi currently foresee no amendments being required. Nor do Mr. Wilkins or Mitsubishi currently foresee joining any additional parties. In the event that amendment becomes necessary, Mr. Wilkins and/or Mitsubishi will seek to amend as provided for in Rule 15 of the Federal Rules of Civil Procedure.

3. MHI was granted intervenor status pursuant to Fed. R. of Civ. Proc., Rule 24(a).

V. Pending Matters.

1. The timing for dispositive motions is set forth in the Joint Scheduling Conference Statement by the parties. On January 24, 2011, the Court heard Wilkins' motion to dismiss the first amended complaint (Doc. 96), Mitsubishi's motion for intervention (Doc. 125) and GE's motion for sanctions against Wilkins (Doc.97). On February 25, 2011, the Court granted Mitsubishi's motion for intervention by written order. (Doc. 166). On March 15, 2011, the Court denied Defendant's motion to dismiss (Doc. 173).

The Court has not issued a written order on GE's motion for a preliminary injunction or its motion for sanctions. Plaintiffs currently have pending an application for contempt against Defendant (Doc. 90), which has not been granted and for which a hearing date has not been set.

VI. Factual Summary.

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings.

1. General Electric Company is a New York corporation.

2. GE Wind Energy, LLC is a Delaware limited liability company.

3. Thomas Wilkins is an individual.

4. Mitsubishi Heavy Industries is a corporation incorporated under the laws of the Country of Japan.

5. Mitsubishi Power Systems is a corporation incorporated under the laws of the State of Delaware.

B. Contested Facts.

1. The parties will submit a supplemental Joint Scheduling Conference Statement containing contested facts.

VI. Legal Issues.

A. Uncontested.

1. Jurisdiction exists under 28 U.S.C. § 1332 based on the diversity of the parties and the amount on controversy in excess of $75,000.00.

2. Venue is proper under 28 U.S.C. § 1391.

B. Contested.

1. The parties will submit a supplemental Joint Scheduling Conference Statement setting forth contested issues of law.

VII. Consent to Magistrate Judge Jurisdiction.

1. The parties have not consented to transfer the case to the Magistrate Judge for all purposes, including trial.

VIII. Corporate Identification Statement.

1. Any non-governmental corporate party to any action in this court shall file a statement identifying all its parent corporations and listing any entity that owns 10% or more of the party's equity securities. A party shall file the statement with its initial pleading filed in this court and shall supplement the statement within a reasonable time of any change in the information.

IX. Discovery Plan and Cut-Off Date.

1. The parties will also submit a discovery plan. The parties will file a supplemental joint scheduling statement on or before April 1, 2011. On April 7, 2011 at 8:15 a.m. a Further Scheduling Conference shall be held. All parties are authorized to appear telephonically.

2. The parties exchanged initial disclosures on January 14, 2011. Mitsubishi served its initial disclosures on March 22, 2011.

IT IS SO ORDERED.

20110324

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