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Anthony Delanda v. County of Fresno Department of Probation

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 10, 2012

ANTHONY DELANDA,
PLAINTIFF ,
v.
COUNTY OF FRESNO DEPARTMENT OF PROBATION, DEFENDANT.

ORDER REQUIRING PARTIES TO FILE JOINT PRE-TRIAL STATEMENT

Trial in this matter is set for June 12, 2012. The pre-trial conference is set for April 19, 2012, at 8:30 a.m. On April 9, 2012, Plaintiff filed a separate pre-trial statement. Defendant has not filed a pre-trial statement.

Local Rule 281 contains a procedure for parties to file separate pre-trial statements. The procedure requires a Plaintiff to file a pre-trial statement no later than 14 days before the pre-trial conference. See Local Rule 281(a)(1). The deadline for Plaintiff to file a separate pre-trial statement passed on April 4, 2012. *fn1 See Local Rule 281(a)(1). The April 9, 2012, separate pret-trial statement violates the Local Rules.

However, Local Rule 281 also permits parties to file a joint pre-trial statement within 7 days of the pre-trial conference. See Local Rule 281(a)(2). The Court has a distinct preference for parties to file a joint pre-trial statement, especially when all parties are represented by counsel.

Since Plaintiff has filed an untimely separate pre-trial statement, the Court is concerned that a joint pre-trial statement will not be submitted. In order to comply with both Local Rule 281 and this Court's preference, the parties will be ordered to file a joint pre-trial statement on or by April 12, 2012.

Accordingly, IT IS HEREBY ORDERED that the parties are to file a joint pre-trial statement on or by April 12, 2012, in preparation for the April 19, 2012, pre-trial conference.

IT IS SO ORDERED.

CHIEF UNITED STATES DISTRICT JUDGE


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