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Council of Laborers, On Behalf of Itself and On Behalf of Laborers Local Union v. Chevreaux Aggregates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA NORTHERN CALIFORNIA DISTRICT


March 5, 2012

COUNCIL OF LABORERS, ON BEHALF OF ITSELF AND ON BEHALF OF LABORERS LOCAL UNION NO,. 185,
PETITIONER,
v.
CHEVREAUX AGGREGATES, INC., ET AL., RESPONDENTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

PRETRIAL SCHEDULING ORDER

After reviewing the parties' Joint Status Report, the Court makes the following Pretrial Scheduling Order.

I. SERVICE OF PROCESS

All named Defendants have been served and no further service is permitted without leave of court, good cause having been shown.

II. ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS No joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown.

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 29 U.S.C. section 185(a). Jurisdiction and venue are not contested.

VI. MOTION HEARING SCHEDULE

The parties have agreed that this matter will be decided by motion practice. As proposed by the parties, these motions will be governed by the following parameters.

The last day to hear motions shall be June 28, 2012. The parties shall comply with the following filing deadlines:

Initial motion filed at least 8 weeks prior to hearing

Opposition and any filed at least 5 weeks cross-motion prior to hearing Reply and opposition to filed at least 3 weeks cross-motion prior to hearing Reply to cross-motion filed at least 1 week prior to hearing The parties are directed to the Court's website for available hearing dates. (www.caed.uscourts.gov choose Court Calendar choose Judge England choose More Calendaring Information) The Court places a page limit for points and authorities (exclusive of exhibits and other supporting documentation) of twenty (20) pages on all initial moving papers, twenty (20) pages on oppositions, and ten (10) pages for replies. All requests for page limit increases must be made in writing to the Court setting forth any and all reasons for any increase in page limit at least fourteen (14) days prior to the filing of the motion.

For the Court's convenience, citations to Supreme Court cases should include parallel citations to the Supreme Court Reporter.

V. VOLUNTARY DISPUTE RESOLUTION PROGRAM

Pursuant to Local Rule 271 parties will need to lodge a stipulation and proposed order requesting referral to the Voluntary Dispute Resolution Program.

VI. MODIFICATION OF PRETRIAL SCHEDULING ORDER

The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the Pretrial Scheduling Order shall not be modified except by leave of court upon a showing of good cause. Agreement by the parties pursuant to stipulation alone to modify the Pretrial Scheduling Order does not constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel will not constitute good cause.

VII. OBJECTIONS TO PRETRIAL SCHEDULING ORDER

This Pretrial Scheduling Order will become final without further order of the Court unless objections are filed within seven (7) court days of service of this Order.

IT IS SO ORDERED.

20120305

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