STATUS (PRETRIAL SCHEDULING) ORDER After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for May 29, 2012.
I. SERVICE OF PROCESS The named defendant has been served and no further service is permitted without leave of court, good cause having been shown under Fed. R. Civ. P. 16(b).
II. 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 under Fed. R. Civ. P. 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).
Jurisdiction is predicated upon diversity of citizenship, 28 U.S.C. § 1332. Venue is undisputed and is hereby found to be proper.
The parties shall serve the initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) by no later than May 31, 2012.
The parties have agreed to complete non-expert discovery by no later than October 30, 2012. The parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than October 1, 2012. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before November 30, 2012.
All discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by December 14, 2012. The word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance with the local rules of this court and so that such motions may be heard (and any resulting orders obeyed) not later than December 14, 2012.
V. MOTION HEARING SCHEDULE
All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before December 28, 2012. All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for noticing and opposing such motions on the court's regularly scheduled law and motion calendar.
VI. FINAL PRETRIAL CONFERENCE
The Final Pretrial Conference is set for March 18, 2013, at 2:00 p.m. in Courtroom No. 5. The conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties.
Counsel for all parties are to be fully prepared for trial at the time of the Pretrial Conference, with no matters remaining to be accomplished except production of witnesses for oral testimony. Counsel shall file separate pretrial statements, and are referred to Local Rules 281 and 282 relating to the contents of and time for filing those statements. In addition to those subjects listed in Local Rule 281(b), the parties are to provide the court with: (1) a plain, concise statement which identifies every non-discovery motion which has been made to the court, and its resolution; (2) a list of the remaining claims as against each defendant; and (3) the estimated number of trial days.
In providing the plain, concise statements of undisputed facts and disputed factual issues contemplated by Local Rule 281(b)(3)-(4), the parties shall emphasize the claims that remain at issue, and any remaining affirmatively pled defenses thereto. If the case is to be tried to a jury, the parties shall also prepare a ...