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Barbara Martin v. National Railroad Passenger Corporation

December 11, 2012

BARBARA MARTIN, PLAINTIFF,
v.
NATIONAL RAILROAD PASSENGER CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

STATUS (PRETRIAL SCHEDULING) ORDER READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES THAT THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND PARTIES MUST COMPLY.*fn1 FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN ORDER OF JUDGMENT.

On December 6, 2012, this case was before the undersigned for a status (pretrial scheduling) conference. Attorney Paul Scheele appeared telephonically on behalf of plaintiff Barbara Martin ("plaintiff"). Attorney Kara Abelson appeared telephonically on behalf of defendant National Railroad Passenger Corporation ("defendant"). The parties filed a Joint Status Report. (Joint Status Report, Dkt. No. 14.) The court enters the following scheduling order: NATURE OF CASE

On May 24, 2012, plaintiff filed a personal injury action in state court, alleging that she was injured when she fell from a wheelchair at the Sacramento Amtrak station on May 25, 2010. (Compl., Dkt. No. 1 at 4.) On July 30, 2012, defendant removed the action to federal court. (Notice of Removal, Dkt. No. 1.) Plaintiff seeks damages for "wage loss, loss of use of property, hospital and medical expenses, general damage, property damage, and loss of earning capacity." (Joint Status Report at 2.)

SERVICE OF PROCESS

Service of process is undisputed. Defendant filed an Answer in state court (Dkt. No. 1 at 9-10) and filed a demand for a trial by jury. (Demand for Jury, Dkt. No. 3.) JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings will be permitted except with leave of court and upon a showing of good cause.

JURISDICTION/VENUE

Jurisdiction and venue are undisputed and are hereby found to be proper. See 28 U.S.C. §§ 1331, 1391(b). The parties represent (Joint Status Report at 2) that the United States owns more than 50% of defendant's capital stock. 28 U.S.C. § 1349.

MOTION HEARING SCHEDULES

All law and motion, except as to discovery-related matters, shall be completed by July 11, 2013. 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)*fn2 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 obtained through discovery. If it appears to counsel after examining the legal issues and facts that an issue can be resolved by pretrial motion, counsel are to file the appropriate motion consistent with the law and motion cutoff set forth above.

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL MOTION. Counsel are reminded that motions in limine are procedural devices designed to address the admissibility of evidence. COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED UNDER THE GUISE OF MOTIONS IN LIMINE AT THE TIME OF TRIAL. DISCOVERY

If not already completed, initial disclosures made pursuant to Federal Rule of Civil Procedure 26(a)(1) shall be completed on or before January 17, 2013.

Non-expert discovery shall be completed by April 30, 2013. Expert discovery shall be completed by June 14, 2013. The word "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 order if ...


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