United States District Court, E.D. California
MARK R. PETERS, Plaintiff,
WELLS FARGO BANK, N.A., Defendants.
AMENDED STATUS (PRETRIAL SCHEDULING) ORDER
ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE.
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.
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,  the court enters the
following scheduling order.
SERVICE OF PROCESS
Wells Fargo does not dispute service and has filed an answer.
Remaining defendants have not filed an answer.
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.
JOINDER OF PARTIES/AMENDMENTS
further joinder of parties is permitted except with leave of
court and upon a showing of good cause.
AMENDMENT OF PLEADINGS
further amendment to pleadings is permitted except with leave
of court and upon a showing of good cause.
JURISDICTION AND VENUE
is predicated upon 28 U.S.C. §§ 1332. Jurisdiction
and venue are undisputed and are hereby found to be proper.
ANTICIPATED MOTIONS AND THEIR SCHEDULING
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.
Rule 230 governs the calendaring and procedures of civil
motions with the following additions:
opposition and reply must be filed by 4:30 p.m. on the day
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).
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.
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.
may commence at any time. This schedule specifies deadlines
for when various types of discovery must be completed.
initial disclosures under Fed.R.Civ.P. 26(a) shall be made
not later than 30 days from the date of this order.