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National Railroad Passenger Corp. v. State

United States District Court, E.D. California

June 20, 2016

NATIONAL RAILROAD PASSENGER CORPORATION, et al., Plaintiffs,
v.
STATE OF CALIFORNIA, et al., Defendants.

          STATUS (PRETRIAL SCHEDULING) ORDER (PHASE I)

         An initial scheduling conference was held in this case on May 26, 2016. Catherine Nasser appeared for plaintiffs; Peter Chang appeared for defendants.

         Having reviewed the parties’ Joint Status Report filed on May 18, 2016, and discussed a schedule for the case with counsel at the hearing, the court makes the following orders:

         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

         Plaintiff was given seven (7) days to file a Third Amended Complaint. A Third Amended Complaint was filed on May 31, 2016. No further joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown, and according to the schedule set forth below. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

         III. JURISDICTION/VENUE

         Jurisdiction is predicated upon 28 U.S.C. § 1331. Jurisdiction and venue are not disputed.

         IV. SCHEDULING

         The litigation of this case shall be conducted in two phases. In Phase One, the parties shall litigate all issues with respect to the RUIA preemption issue (Count I). In Phase Two, the parties will, if necessary, litigate all issues with respect to the remaining RLA and ERISA preemption claims.

         The following dates are set related to the filing and arguing of motions with respect to Count I (the RUIA claim):

- Formal discovery requests in lieu of Initial Disclosures pursuant to Fed.R.Civ.P. 26(a)(1) are due no later than June 17, 2016.
- Amendment of pleadings and joinder of parties are due no later ...

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