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Manning v. United States

United States District Court, E.D. California

December 13, 2019

ANTHONY L. MANNING, Plaintiff,
v.
UNITED STATES OF AMERICA, Defendant.

          STATUS (PRETRIAL SCHEDULING) ORDER

          ALLISON CLAIRE, UNITED STATES MAGISTRATE JUDGE.

         This case is before the undersigned pursuant to Local Rule 302(c)(21). The parties submitted separate scheduling statements. ECF No. 43 and 44. Though this was not in compliance with the Local Rules or the Court's order at ECF No. 34, in the interest of judicial economy the court has considered both filings and issues the schedule below.

         SERVICE OF PROCESS

         Service of process is undisputed, and defendant has answered. ECF No. 39.

         JOINDER OF PARTIES/AMENDMENTS

         No further joinder of parties or amendments to pleadings is permitted except with leave of court and upon a showing of good cause.

         JURISDICTION/VENUE

         Venue is undisputed. This court has already determined that has jurisdiction over plaintiff's claim of medical negligence by Dr. Amy Fugeli only. ECF No. 29 at 5-7. Plaintiff has filed an interlocutory appeal as to the court's finding of no jurisdiction regarding plaintiff's other claims. ECF No. 35, 37. That appeal is pending.

         DISCOVERY

         The parties represent that initial disclosures will be made by January 10, 2020.

         All discovery shall be completed by June 30, 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. Motions to compel discovery must be noticed on the undersigned's calendar in accordance with the Local Rules and must be heard not later than June 9, 2020.

         The parties are reminded to review the “Standing Orders” posted on Judge Claire's webpage (http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states-magistrate-judge-allison-claire-ac/). The undersigned encourages early resolution of discovery disputes outside the formal Local Rule 251 procedures, when appropriate. Upon order of the court, or by agreement of the parties, Judge Claire will resolve minor or discrete discovery disputes by conducting an informal telephonic conference. Additional information is available on the court's website linked above.

         EXPERT DISCLOSURE

         The parties are to designate in writing, and serve upon all other parties, the names of all experts they propose to tender at trial in accordance with the following schedule: initial expert disclosures on or before August 31, 2020, rebuttal expert disclosures on or before ...


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