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Cunningham v. United States

United States District Court, E.D. California

December 4, 2019

BRUCE CUNNINGHAM, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          STATUS (PRETRIAL SCHEDULING) ORDER

          WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE.

         After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for December 9, 2019, and makes the following findings and orders without needing to consult with the parties any further.

         I. SERVICE OF PROCESS

         All defendants have been served, and no further service is permitted without leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b).

         II. JOINDER OF PARTIES/AMENDMENTS

         No further joinder of parties or amendments to pleadings will be permitted except with leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

         III. JURISDICTION/VENUE

         Jurisdiction is predicated upon 28 U.S.C. § 2674, because it is a case arising under the Federal Tort Claims Act. Venue is undisputed and hereby found to be proper.

         IV. DISCOVERY

         The parties agree to serve the initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) on or before December 20, 2019.

         The plaintiffs shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than July 24, 2020. The defendants shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than August 28, 2020. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before September 25, 2020.

         All discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by October 23, 2020. The word “completed” means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance with the local rules of this court and so that such motions may be heard (and any resulting orders obeyed) not later than October 23, 2020.

         V. MOTION HEARING SCHEDULE

         All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before December 11, 2020. All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for ...


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