IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 5, 2012
WILLIAM HENRY FARREN AND KAREN SUZANNE OLIVER-FARREN,
CITY OF GALT, AND DOES 1-20,
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
STATUS (PRETRIAL SCHEDULING)
The status (pretrial scheduling) conference scheduled for hearing on June 11, 2012, is vacated since the parties' Joint Status Report filed on May 29, 2012 ("JSR") indicates the following Order should issue.
SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT Plaintiffs indicate in the JSR that they "contemplate adding as a defendant the shooting officer and potentially more after reviewing the reports of the incident." The parties agree "this should be accomplished by July 15, 2012." (JSR 1:27-2:2.) Plaintiffs further state in the JSR that "[s]hould [they] add in additional parties, [they] may file additional causes of action by the same July 15, 2012 date." Id. at 2:4-6.
Plaintiffs have until July 16, 2012, to file a motion seeking leave to file the referenced amendments, after which time no further service, joinder of parties, or amendments to the pleadings is permitted, except with leave of Court for good cause shown. The referenced motion must be noticed for hearing on the Court's earliest available law and motion date. If leave is not sought as stated, Does 1 through 20 will be automatically dismissed from this action.
ADDED DEFENDANT'S OPPORTUNITY TO SEEK AMENDMENT OF THIS ORDER
If Plaintiffs join a party pursuant to the leave given above, a copy of this Order shall be served on that defendant concurrently with the service of process.
That defendant has 30 days after said service within which to file a "Notice of Proposed Modification of Status Order." Although a newly-joined party's proposed modification filed within this thirty day period will not have to meet the good cause standard, no further amendments will be permitted, except with leave of Court for good cause shown.
All discovery shall be completed by July 12, 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 February 12, 2013, and any contradictory and/or rebuttal expert disclosure authorized under Rule 26(a)(2)(D)(ii) on or before March 12, 2013.
MOTION HEARING SCHEDULE
The last hearing date for a motion is September 12, 2013, commencing at 9:00 a.m.*fn1 A motion shall be briefed as prescribed in Local Rule 230.
The parties are cautioned that an untimely motion characterized as a motion in limine may be summarily denied. A motion in limine addresses the admissibility of evidence.
FINAL PRETRIAL CONFERENCE
The final pretrial conference is set for November 7, 2013, at 2:30 p.m. The parties are cautioned that the lead attorney who WILL TRY THE CASE for each party shall attend the final pretrial conference. In addition, all persons representing themselves and appearing in propria persona must attend the pretrial conference.
The parties are warned that non-trial worthy issues could be eliminated sua sponte "[i]f the pretrial conference discloses that no material facts are in dispute and that the undisputed facts entitle one of the parties to judgment as a matter of law." Portsmouth Square v. S'holders Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985).
The parties shall file a JOINT pretrial statement no later than seven (7) calendar days prior to the final pretrial conference. The joint pretrial statement shall address the applicable portions of Local Rule 281(b), and shall set forth each theory of liability ("claim") and affirmative defense which remains to be tried, and the ultimate facts on which each theory/defense is based. Furthermore, each party shall estimate the length of trial.*fn2 The Court uses the parties' joint pretrial statement to prepare its final pretrial order and could issue the final pretrial order without holding the scheduled final pretrial conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir. 1999)("There is no requirement that the court hold a pretrial conference.").
If feasible, at the time of filing the joint pretrial statement counsel shall also email it in a format compatible with WordPerfect to: email@example.com.
Trial shall commence at 9:00 a.m. on January 14, 2014. IT IS SO ORDERED.