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Curtis R. Kimes v. United States of America

October 7, 2011

CURTIS R. KIMES, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.



STATUS (PRETRIAL SCHEDULING) ORDER READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES WHICH THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND PARTIES MUST COMPLY. A 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.

Pursuant to court order, a Status (Pretrial Scheduling) Conference was held on October 7, 2011, at 10:00 a.m. Plaintiff Curtis R. Kimes, who is proceeding pro se in this action, appeared on his own behalf. J. Earlene Gordon, Esq. appeared as counsel for the defendant.

After hearing, the court makes the following findings and orders:

SERVICE OF PROCESS

Service of process has been completed. No further service is permitted except with leave of court, good cause having been shown.

JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings is permitted except with leave of court, good cause having been shown. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609-10 (9th Cir. 1992).

JURISDICTION/VENUE

In his original and first amended complaints, plaintiff has alleged claims arising under the Federal Tort Claims Act, 28 U.S.C. §§ 2675-2680. Jurisdiction is therefore predicated on 28 U.S.C. §§ 1331 and 1346. Defendant disputes subject matter jurisdiction. Venue is not disputed and is hereby found to be proper.

MOTION HEARING SCHEDULES

All law and motion, except as to discovery, which is discussed below in a separate section, shall be conducted so as to be completed by September 21, 2012. The word "completed" in this context means that all law and motion matters must be heard on or before the above date. Because this date is not necessarily a date that will be set aside for law and motion hearings, counsel and parties proceeding pro se are required to contact this court's courtroom deputy, Pete Buzo, at (916) 930-4128 sufficiently in advance to ascertain dates on which non-discovery motions may be heard prior to the law and motion deadline and to properly notice such motions for hearing on or before the deadline. This paragraph does not preclude the filing of motions for continuances, motions for temporary restraining orders, and other emergency applications that are subject to special scheduling.

The parties shall refer to Local Rule 230 regarding the requirements for noticing a non-discovery motion on the magistrate judge's regularly scheduled law and motion calendar.

Counsel and parties proceeding pro se shall file with the court and serve opposition OR a statement of non-opposition to every properly noticed motion not later than fourteen (14) days preceding the hearing date. Any reply by the moving party shall be filed with the court and served not later than seven (7) days preceding the hearing date.

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 the issues that are susceptible to resolution without trial. To accomplish that purpose, the parties must identify and fully research the issues presented by the case and then examine those issues in light of the evidence gleaned through discovery. If it appears to counsel or a party proceeding pro se after examining the legal issues and the facts that an ...


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