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Lary Feezor v. Pns Stores

October 21, 2011

LARY FEEZOR,
PLAINTIFF,
v.
PNS STORES, INC. DBA BIG LOTS #4457; SAVE MART SUPERMARKETS, DEFENDANT.*FN1



The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STATUS (PRETRIAL SCHEDULING)

ORDER

The status (pretrial scheduling) conference scheduled for hearing on October 31, 2011, is vacated since the parties' Joint Status Report filed on October 17, 2011 ("JSR") indicates the following Order should issue.

SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT Plaintiff states he is in the process serving a defendant that is not named in the Complaint "within the next 21 days[;]" therefore, this statement is disregarded. (JSR 2:4-6.)

No further service, joinder of parties or amendments to pleadings is permitted, except with leave of Court for good cause shown.

DEFAULT PROCEEDINGS

A review of the docket indicates Defendant Savemart Supermarkets was served on August 22, 2011 and its answer was due on September 12, 2011. Plaintiff shall take the steps necessary to prosecute his claims against this defendant as a default matter. Plaintiff shall either file whatever documents are required to prosecute his claims against this defendant as a default matter or Show Cause in a writing filed why this defendant should not be dismissed for failure of prosecution no later than 4:00 p.m. on March 12, 2012.

Also, a further status conference is scheduled to commence at 9:00 a.m. on March 26, 2012. Plaintiff shall file a status report fourteen (14) days prior to the status conference in which Plaintiff is only required to explain the status of the default proceedings.

DISCOVERY

All discovery shall be completed by April 16, 2013. 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)(B) and (C)'s initial expert witness disclosure requirements on or before November 16, 2012, and any contradictory and/or rebuttal expert disclosure authorized under Rule 26(a)(2)(D)(ii) on or before December 17, 2012.

MOTION HEARING SCHEDULE

The last hearing date for motions shall be June 3, 2013, at 9:00 a.m.*fn2

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 ...


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