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Varfolomeeva v. United States

United States District Court, E.D. California

June 29, 2017

ALINA VARFOLOMEEVA, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          PRETRIAL SCHEDULING ORDER

          CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE.

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

         Plaintiff filed the complaint on March 21, 2017 and the action was assigned to United States District Court Judge Morrison C. England Jr. (ECF No. 1.) After all parties consented to the jurisdiction of a United States Magistrate Judge for all purposes pursuant to 28 U.S.C. § 636(c), the action was reassigned to the undersigned for all further proceedings and entry of final judgment. (ECF Nos. 8-10.) One June 2, 2017, all dates set before Judge England were vacated (ECF No. 10), including the pretrial schedule that the parties had previously stipulated to. (ECF No. 7.) On June 28, 2017, the parties stipulated to adopt the prior scheduling order. (EFC No. 11.) The court adopts the prior dates parties stipulated to (see ECF. No. 7) and makes the following findings and orders.

         NATURE OF THE CASE

         This case arises from a motor vehicle accident involving a pedestrian. On November 19, 2014, plaintiff Alina Varfolomeeva alleges she was in a crosswalk at the intersection of J Street and Fifth Street in Sacramento, California, when a vehicle operated by a federal employee struck her in violation of California Vehicle Code section 21950(a). Plaintiff further alleges that the collision caused her personal injuries and other economic and noneconomic damages. Plaintiff maintains this action against the United States of America pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80, which provides the exclusive remedy for personal injuries arising from the alleged negligent acts or omissions of federal employees acting within the scope of their employment. Id. § 2679(b)(1).

         SERVICE OF PROCESS

         All named defendants have been served and have appeared. No further service is permitted except with leave of court, good cause having been shown.

         JOINDER OF PARTIES/AMENDMENT OF PLEADINGS

         All named defendants have answered plaintiffs' complaint. No further joinder of parties or amendments to pleadings are permitted except with leave of court, good cause having been shown.

         JURISDICTION/VENUE

         Jurisdiction and venue are undisputed, and are hereby found to be proper.

         STIPULATED SCHEDULE

         Deadline to serve initial disclosures ...


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