United States District Court, E.D. California
ORDER SETTING MANDATORY SCHEDULING
K. OBERTO JUDGE
light of the Opinion of the United States Court of Appeals
for The Ninth Circuit (Doc. 46), the Court hereby SETS a
formal Scheduling Conference on January 9, 2020, at 9:45 a.m.
before United States Magistrate Judge Sheila K. Oberto, in
Courtroom 7 at the United States Courthouse, 2500 Tulare
Street, Fresno, CA 93721. The parties shall file their Joint
Scheduling Report as set forth below, by no later than
January 2, 2020.
at the Scheduling Conference is
mandatory upon each party not
represented by counsel or by retained counsel. Only counsel
who are thoroughly familiar with the facts and the law of the
instant case, and who have full authority to bind his or her
client, shall appear. Trial counsel should participate in
this Scheduling Conference whenever possible. It may be
necessary for counsel to spend as much as 45 minutes in this
Scheduling Report, carefully prepared and executed by all
counsel/pro se parties, shall be electronically filed in
CM/ECF, one (1) full week prior to the Scheduling Conference,
and shall be e-mailed, in Word format, to
reference purposes, the Court requires that counsels'
Joint Scheduling Report indicate the date, time, and
courtroom of the the Scheduling Conference. This information
is to be placed opposite the caption on the first page of the
other things, counsel will be expected to discuss the
possibility of settlement. Counsel are to thoroughly discuss
settlement with each other before undertaking the preparation
of the Joint Scheduling Report and engaging in extensive
discovery. However, even if settlement negotiations are
progressing, counsel are expected to comply with the
requirements of this Order unless otherwise excused by the
Court. If the case is settled, please
promptly inform the Court, and counsels'
presence, as well as the Joint Scheduling Report, will not be
may request that their attendance be by telephonic
conference. If two or more parties wish to
appear telephonically, counsel shall decide which will be
responsible for making prior arrangements for the conference
call and shall initiate the call at the above-designated
time. After all parties are on the line, the call should
then be placed to Judge Oberto's chambers at (559)
499-5790. Additionally, counsel are directed to
indicate on the face page of their Joint Scheduling Report
that the conference will be telephonic.
least twenty (20) days prior to the Mandatory Scheduling
Conference, trial counsel for all parties shall conduct and
conclude a conference at a time and place arranged by counsel
for the plaintiff(s). This conference preferably should be a
personal conference between all counsel but, due to the
distances involved in this District, a telephonic conference
call involving all counsel/pro se parties is permissible. The
Joint Scheduling Report shall respond to the following items
by corresponding numbered paragraphs:
and Contents of the Joint Scheduling Report
Summary of the factual and legal contentions set forth in the
pleadings of each party, including the relief sought by any
party presently before the Court.
proposed amendment to the pleadings presently on file shall
be filed by its proponent contemporaneously with the
Scheduling Conference Report. If the matter cannot be
resolved at the Scheduling Conference, the matter will be set
as a Motion to Amend in accordance with the Rules of Practice
of the Eastern District of California.
proposed deadline for amendments to pleadings.
summary detailing the uncontested and contested facts.
summary of the legal issues as to which there is no dispute,
e.g., jurisdiction, venue, applicable federal or
state law, etc., as ...