United States District Court, E.D. California
SCHEDULING ORDER (FED. R. CIV. P. 16)
JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE
Amendment Deadline: 10/31/2019 Discovery Deadlines:
Disclosures: 8/16/2019 Non-Expert: 1/10/2020 Expert: 3/6/2020
Mid-Discovery Status Conference: 9/23/2019 at 8:30 a.m.
Motion Deadlines: Filing: 3/20/2020 Hearing: 4/17/2020
Dispositive Motion Deadlines: Filing: 5/5/2020 Hearing:
6/16/2020 Settlement Conference:
at 1:30 p.m.
19th Street, Bakersfield, CA Pre-Trial Conference:
at 8:30 a.m. Courtroom 4 Trial: 10/6/2020 at 8:30 a.m.
Courtroom 4 Jury trial: 8 days
Date of Scheduling Conference
Appearances of Counsel
Johnson appeared on behalf of Plaintiff.
Mason appeared on behalf of Defendant Erickson Farms.
Schroeder appeared on behalf of Defendant National Railroad
Passenger Corporation, doing business as Amtrak California.
Magistrate Judge Consent:
of Congested Docket and Court Policy of
the District Judges' heavy caseload, the adopted policy
of the Fresno Division of the Eastern District is to trail
all civil cases. The parties are hereby notified that for a
trial date set before a District Judge, the parties will
trail indefinitely behind any higher priority criminal or
older civil case set on the same date until a courtroom
becomes available. The trial date will not be reset.
Magistrate Judges' availability is far more realistic and
accommodating to parties than that of the U.S. District
Judges who carry the heaviest caseloads in the nation and who
must prioritize criminal and older civil cases over more
recently filed civil cases. A United States Magistrate Judge
may conduct trials, including entry of final judgment,
pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil
Procedure 73, and Local Rule 305. Any appeal from a judgment
entered by a United States Magistrate Judge is taken directly
to the United States Court of Appeal for the Ninth Circuit.
Fresno Division of the Eastern District of California,
whenever possible, is utilizing United States Article III
District Court Judges from throughout the nation as Visiting
Judges. Pursuant to the Local Rules, Appendix A, such
reassignments will be random, and the parties will receive no
advance notice before their case is reassigned to an Article
III District Court Judge from outside of the Eastern District
and Amtrak California have consented to the jurisdiction of
the assigned Magistrate Judge. (Doc. 6 at 5) Defendant
Erickson Farms Partnership is directed to consider consenting
to Magistrate Judge jurisdiction to conduct all further
proceedings, including trial. Within 10 days of the
date of this order, counsel SHALL file a consent/decline form
(provided by the Court at the inception of this case)
indicating whether Defendant will consent to the jurisdiction
of the Magistrate Judge.
Pleading Amendment Deadline
requested pleading amendments are ordered to be filed, either
through a stipulation or motion to amend, no later than
October 31, 2019.
later than July 8, 2019 , the plaintiff's
counsel SHALL respond to counsel for National Railroad
Passenger Corporation regarding the dismissal of defendant
later than August 1, 2019, the plaintiff SHALL
serve and file proof of service on defendants Santos and
Suggestion of death
their joint scheduling conference report, counsel for
Erickson, Mr. Mason, reported that defendant Alvarez is
deceased (Doc. 6 at 2, 3). Mr. Mason reported that
to his knowledge, Alvarez's estate was not probated
because there were no assets and that it has been more than a
year since ...