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Peters v. Wells Fargo Bank, N.A.

United States District Court, E.D. California

May 30, 2017

MARK R. PETERS, Plaintiff,
v.
WELLS FARGO BANK, N.A., Defendants.

          AMENDED STATUS (PRETRIAL SCHEDULING) ORDER

          ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE.

         The Pretrial Scheduling Order filed on May 25, 2017, ECF No. 49, is hereby amended to change the date of the settlement conference (see p. 8, below), and is otherwise confirmed and restated below.

         Plaintiff is proceeding in this case pro se. The case was accordingly referred to the undersigned for pretrial proceedings by E.D. Cal. R. ("Local Rule") 302(c)(21). After reviewing the parties' status reports, [1] the court enters the following scheduling order.

         I. SCHEDULE

         A. SERVICE OF PROCESS

         Defendant Wells Fargo does not dispute service and has filed an answer. Remaining defendants have not filed an answer.

         Pursuant to Rule 4(m), Fed. Rules of Civil Proc., any unserved defendants shall be served not later than 30 days from the date of this order, or will be subject to dismissal without prejudice. Proof of service shall be filed pursuant to Rule 4(1) within 7 days thereafter.

         B. JOINDER OF PARTIES/AMENDMENTS

         No further joinder of parties is permitted except with leave of court and upon a showing of good cause.

         C. AMENDMENT OF PLEADINGS

         No further amendment to pleadings is permitted except with leave of court and upon a showing of good cause.

         D. JURISDICTION AND VENUE

         Jurisdiction is predicated upon 28 U.S.C. §§ 1332. Jurisdiction and venue are undisputed and are hereby found to be proper.

         E. ANTICIPATED MOTIONS AND THEIR SCHEDULING

         All law and motion, except as to discovery, shall be completed by April 4, 2018. The word “completed” in this context means that all law and motion matters must be heard by the above date, and accordingly, must be filed not later than 28 days prior to that date. See Local Rule 230(b). Counsel and pro se parties (collectively, “counsel”), 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. Available hearing dates may be obtained by calling Valerie Callen, the Courtroom Deputy, at (916) 930-4199.

         Local Rule 230 governs the calendaring and procedures of civil motions with the following additions:

         1. The opposition and reply must be filed by 4:30 p.m. on the day due; and

         2. When the last day for filing an opposition or reply brief falls on a legal holiday, the opposition or reply brief shall be filed on the last court day immediately preceding the legal holiday. Failure to comply with Local Rule 230(c), as modified by this order, may be deemed consent to the motion and the court may dispose of the motion summarily. Brydges v. Lewis, 18 F.3d 651, 652-53 (9th Cir. 1994) (per curiam).

         All purely legal issues are to be resolved by timely pretrial motion. 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 gleaned 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 by the law and motion cutoff set forth above. The parties are cautioned that failure to raise a dispositive legal issue that could have been tendered to the court by proper pretrial motion prior to the dispositive motion cut-off date may constitute waiver of such issue.

         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 in the guise of motions in limine at the time of trial.

         F. DISCOVERY SCHEDULE

         Discovery may commence at any time. This schedule specifies deadlines for when various types of discovery must be completed.

         1. Initial Disclosures

         All initial disclosures under Fed.R.Civ.P. 26(a) shall be made not later than 30 days from the date of this order.

         2. Discov ...


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