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Johnson v. Patel

United States District Court, E.D. California

November 5, 2019

SCOTT JOHNSON, Plaintiff,
v.
MIKE PATEL, Defendant.

          STATUS & PRETRIAL SCHEDULING ORDER

          DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE.

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

         Pursuant to court order, a Status (Pretrial Scheduling) Conference was held in this action on November 1, 2019, at 10:00 a.m. before the undersigned.[1] Attorney Bradley Smith appeared on behalf of the plaintiff. Mike Patel appeared telephonically on his own behalf. After hearing, the court makes the following findings and orders:

         SERVICE OF PROCESS

         Service of process has been completed. No further service is permitted except with leave of court, good cause having been shown.

         JOINDER OF PARTIES/AMENDMENTS

         No further joinder of parties or amendment to pleadings is permitted except with leave of court, good cause having been shown. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609-10 (9th Cir. 1992).

         JURISDICTION/VENUE

         Jurisdiction over this action is predicated on the court's federal question jurisdiction pursuant to 28 U.S.C. § 1331. Defendant does not dispute either jurisdiction or venue and both appear to be proper.

         DISCOVERY

         The parties shall make initial disclosures under Federal Rule of Civil Procedure 26 no later than 28 days from the date of the November 1, 2019 hearing. Plaintiff shall disclose experts no later than May 1, 2020. Defendant shall disclose experts no later than May 15, 2020. Rebuttal experts shall be disclosed no later than May 29, 2020. All discovery is left open, save and except that it shall be so conducted as to be completed by June 26, 2020. The word “completed” means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been complied with.

         MOTION HEARING SCHEDULE

         All law and motion, except as to discovery, is left open, save and except that it shall be conducted so as to be completed by August 14, 2020. The word “completed” in this context means that all law and motion matters must be heard by the above date. The parties are cautioned to refer to the local rules, specifically Local Rule 230, regarding the requirements for noticing such motions on the court's regularly scheduled law and motion calendar. The parties shall file with the court and serve opposition OR a statement of non-opposition to every properly noticed motion not later than fourteen (14) days preceding the hearing date. Any reply by the moving party shall be filed with the court and served not later than seven (7) days preceding the hearing date. This paragraph does not preclude motions for continuances, temporary restraining orders or other emergency applications, and is subject to any special scheduling set forth in the “MISCELLANEOUS PROVISIONS” paragraph below.

         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 after examining the legal issues and facts that an ...


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