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Edward M. Salazar v. Gary Locke

December 6, 2011

EDWARD M. SALAZAR, PLAINTIFF,
v.
GARY LOCKE, SECRETARY OF COMMERCE, U.S. DEPARTMENT OF COMMERCE,
DEFENDANT.



STATUS (PRETRIAL SCHEDULING)

ORDER

This case is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). Pursuant to the parties' joint status report filed November 17, 2011, Dckt. No. 11, the court vacates the status (pretrial scheduling) conference currently set for December 7, 2011, and enters the following scheduling order:

NATURE OF CASE

In March 2011, plaintiff filed this employment discrimination and retaliation action against defendant pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e. Compl., Dckt. No. 1. Defendant filed an answer on July 25, 2011, denying the majority of the allegations in the complaint and setting forth various affirmative defenses. Answer, Dckt. No. 7.

SERVICE OF PROCESS

Service of process is undisputed.

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.

JURISDICTION/VENUE

Jurisdiction and venue are undisputed and are hereby found to be proper.

MOTION HEARING SCHEDULES

All law and motion, except as to discovery, shall be completed by Wednesday, September 12, 2012. The word "completed" in this context means that all law and motion matters must be heard by the above date. Counsel (and/or pro se parties)*fn1 are cautioned to refer to the Local Rules regarding the requirements for noticing such motions on the court's regularly scheduled law and motion calendar. This paragraph does not preclude motions for continuances, temporary restraining orders or other emergency applications, and is subject to any special scheduling set forth in the "MISCELLANEOUS PROVISIONS" paragraph below.

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 those issues that are susceptible to resolution without trial. To accomplish that purpose, the parties need to 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 after examining the legal issues and facts that an ...


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