Horton v. Sierra Conservation Center et al, No. 1:2009cv01441 - Document 40 (E.D. Cal. 2011)
Court Description: ORDER Granting Defendant's Request to Modify Scheduling Order [Doc. 36] as follows: Dispositive Motions filed by 12/30/2011. SETTLEMENT CONFERENCE set for 2/16/2012 (was 11/15/2011) at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge S heila K. Oberto. PRETRIAL CONFERENCE set for 3/20/2012 (was 12/15/11) at 11:00 AM and BENCH TRIAL (5 days) set for 5/14/2012 (was 2/13/2011) at 09:00 AM in Courtroom One (SMS) before Magistrate Judge Sandra M. Snyder. signed by Magistrate Judge Sandra M. Snyder on 9/28/2011. (Herman, H)
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Horton v. Sierra Conservation Center et al Doc. 40 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 JOHN D. HORTON, PRO SE, 10 Plaintiff, 11 vs. 12 SIERRA CONSERVATION CENTER, CALIFORNIA DEPARTMENT OF CORRECTIONS, 13 14 Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) 1:09-cv-01441-SMS ORDER GRANTING DEFENDANT’S REQUEST TO MODIFY SCHEDULING ORDER (Doc. 36) as follows: Dispositive Motion Filing Deadline: 12/30/11 Settlement Conference Date: 2/16/12, 10:30am, Ctrm. 8/SKO 15 Pre-Trial Conference Date: 3/20/12, 11:00am, Ctrm. 1/SMS 16 Trial Date: 5/14/12, 9:00am, Ctrm. 1/SMS (CT ~ 5 days) 17 18 19 GOOD CAUSE APPEARING, Defendant’s request to modify the 20 current Scheduling Conference Order (Doc. 28) is hereby GRANTED as 21 follows: 22 23 1. Pre-Trial Motion Schedule: All Dispositive Pre-Trial Motions shall be filed on or 24 before December 30, 2011, and are (customarily) heard on Wednesdays 25 at 10:00 a.m. in Courtroom No. 1 on the Eighth Floor before the 26 Honorable Sandra M. Snyder, United States Magistrate Judge. 27 scheduling such motions, the parties shall comply with Local Rules 28 230 and 260. In 1 Dockets.Justia.com 1 Motions for Summary Judgment or Summary Adjudication 2 Prior to filing a motion for summary judgment or motion 3 for summary adjudication, the parties are ORDERED to meet, in 4 person or by telephone, and confer to discuss the issues to be 5 raised in the motion. 6 The purpose of the meeting shall be to: (1) avoid filing 7 motions for summary judgment where a question of fact exists; (2) 8 determine whether the respondent agrees that the motion has merit 9 in whole or in part; (3) discuss whether issues can be resolved 10 without the necessity of briefing; (4) narrow the issues for review 11 by the Court; (5) explore the possibility of settlement before the 12 parties incur the expense of briefing a summary judgment motion; 13 (6) arrive at a joint statement of undisputed facts. 14 The moving party shall initiate the meeting and provide a 15 draft of the joint statement of undisputed facts. 16 the requirements of Local Rule 260, the moving party shall file a 17 joint statement of undisputed facts. 18 In addition to In the notice of motion, the moving party shall certify 19 that the parties have met and conferred as ordered above or set 20 forth a statement of good cause for the failure to meet and confer. 21 2. 22 Pre-Trial Conference Date: March 20, 2012 at 11:00 a.m. in Courtroom No. 1 on the 23 Eighth Floor before the Honorable Sandra M. Snyder, United States 24 Magistrate Judge. 25 Ten (10) days prior to the Pretrial Conference, the 26 parties shall exchange the disclosures required pursuant to 27 F.R.Civ.P. 26(a)(3). 28 // 2 1 The parties are ordered to file a JOINT Pretrial 2 Statement pursuant to Local Rule 281(a)(2). 3 further ordered to submit a digital copy of their Joint Pretrial 4 Statement in WordPerfect X31 format to Judge Snyder’s chambers by 5 e-mail to SMSOrders@caed.uscourts.gov. 6 The parties are The parties' attention is directed to Rules 281 and 282 7 of the Local Rules of Practice for the Eastern District of 8 California as to their obligations in preparing for the Pre-Trial 9 Conference. 10 those Rules. 11 3. The Court will insist upon strict compliance with 12 Trial Date: May 14, 2012 at 9:00 a.m. in Courtroom No. 1 on the 13 Eighth Floor before the Honorable Sandra M. Snyder, United States 14 Magistrate Judge. 15 A. This is a court trial. 16 B. The parties' Estimate of Trial Time: 17 5 days. 18 19 20 C. The parties' attention is directed to Rule 285 of the Local Rules of Practice for the Eastern District of California. 4. 21 Settlement Conference: February 16, 2012 at 10:30 a.m. in Courtroom No. 8 on the 22 Sixth Floor before the Honorable Sheila K. Oberto, United States 23 Magistrate Judge. 24 Unless otherwise permitted in advance by Judge Oberto, 25 the attorneys who will try the case shall personally appear at the 26 Settlement Conference with the parties and the person or 27 1 28 If W ordPerfect X3 is not available to the parties, then the latest version of W ordPerfect, or any other word processing program in general use for IBM com patible personal com puters, is acceptable. 3 1 persons having full authority to negotiate and settle the case on 2 any terms2 at the conference. 3 Permission for a party [not attorney nor, in this 4 particular case, pro se plaintiff] to attend by telephone may be 5 granted by Judge Oberto upon request, by letter, with a copy to the 6 other parties, IF the party lives and works outside the Eastern 7 District of California, AND attendance in person would constitute a 8 hardship. 9 immediately available throughout the conference, until excused, If telephone attendance is allowed, the party must be 10 regardless of time zone differences. 11 arrangements desired in cases where settlement authority rests with 12 a governing body shall also be proposed, in advance, by letter, and 13 copied to all other parties. Any other special 14 CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 15 NOTICE IS HEREBY GIVEN that a Confidential Settlement 16 Conference Statement is MANDATORY, and must be submitted to Judge 17 Oberto’s chambers, at least five (5) court days prior to the 18 Settlement Conference, by e-mail to SKOOrders@caed.uscourts.gov. 19 Failure to so comply may result in the imposition of monetary 20 and/or other sanctions. 21 22 The Statement should not be filed with the Clerk’s Office nor served on any other party, although the parties may file a 23 24 25 26 27 28 2 Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are subject to approval by legislative bodies, executive committees, boards of directors, or the like, shall be represented by a person or persons who occupy high executive positions in the party organization, and who will be directly involved in the process of approval of any settlement offers or agreements. To the extent possible, the representative shall have the authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party’s most recent demand. 4 1 Notice of Lodging Confidential Settlement Conference Statement. 2 Each Statement shall be clearly marked "Confidential" with the date 3 and time of the Settlement Conference indicated prominently 4 thereon. 5 Statements if settlement is not achieved and, if such a request is 6 not made, the Court will dispose of the Statement. 7 The parties are urged to request the return of their The Confidential Settlement Conference Statement shall 8 include the following: 9 A. A brief statement of the facts of the case. 10 B. A brief statement of the claims and defenses, i.e., 11 statutory or other grounds upon which the claims are founded; a 12 forthright evaluation of the parties' likelihood of prevailing on 13 the claims and defenses; and, a description of the major issues in 14 dispute. 15 C. A summary of the proceedings to date. 16 D. An estimate of the cost and time to be expended for 17 further discovery, pretrial, and trial. 18 E. The relief sought. 19 F. The party's position on settlement, including 20 present demands and offers, and a history of past settlement 21 discussions, offers, and demands. 22 23 5. Compliance with Federal Procedure: The Court requires compliance with the Federal Rules of 24 Civil Procedure and the Local Rules of Practice for the Eastern 25 District of California. 26 administration of this case, all parties are expected to 27 familiarize themselves with the Federal Rules of Civil Procedure 28 and the Local Rules of Practice for the Eastern District of To aid the Court in the efficient 5 1 California, and to keep abreast of any amendments thereto. 2 Court must insist upon compliance with these Rules if it is to 3 efficiently handle its increasing caseload. 4 imposed for failure to follow the Rules as provided in both the 5 Fed.R.Civ.P. and the Local Rules. 6 7 6. The Sanctions will be Compliance with Electronic Filing Requirement: On January 3, 2005, the United States District Court for 8 the Eastern District of California became an electronic case 9 management/filing district (CM/ECF). Unless excused by the Court, 10 or by Local Rule, attorneys shall file all documents electronically 11 as of January 3, 2005, in all actions pending before the court. 12 While Pro Se Litigants are exempt from this requirement, the court 13 will scan in all documents filed by pro se litigants, and the 14 official court record in all cases will be electronic. 15 are required to file electronically in pro se cases. 16 information regarding the Court’s implementation of CM/ECF can be 17 found on the court’s web site at www.caed.uscourts.gov, including 18 the Court’s Local Rules effective January 3, 2005,the CM/ECF Final 19 Procedures, and the CM/ECF User’s Manual. 20 Attorneys More While the Clerk's Office will not refuse to file a 21 proffered paper document, the Clerk's Office will scan it and, if 22 improperly filed, notify the Court that the document was filed in 23 an improper format. 24 appropriate cases regarding an attorney's disregard for the 25 requirement to utilize electronic filing, or other violations of 26 these electronic filing procedures. 27 28 An order to show cause (OSC) may be issued in See L.R. 110, L.R. 133(d)(3). All counsel must be registered for CM/ECF. registration is available at www.caed.uscourts.gov. 6 On-line Once 1 registered, counsel will receive a login and password in 2 approximately one (1) week. 3 documents on-line. 4 knowing the rules governing electronic filing in the Eastern 5 District. 6 3, 2005, available on the Court’s web site. 7 7. 8 9 Counsel must be registered to file See L.R. 135(g). Counsel are responsible for Please review the Court’s Local Rules effective January Effect of this Order: The foregoing Order represents the best estimate of the Court and counsel as to the agenda most suitable to bring this case 10 to resolution. The trial date reserved is specifically reserved 11 for this case. If the parties determine at any time that the 12 schedule outlined in this Order cannot be met, the parties are 13 ORDERED to notify the Court immediately so that adjustments may be 14 made, either by stipulation or by subsequent status conference. 15 Stipulations extending the deadlines contained herein 16 will not be considered unless accompanied by affidavits or 17 declarations and, where appropriate, attached exhibits which 18 establish extremely good cause for granting the relief requested. 19 20 FAILURE TO COMPLY WITH THIS ORDER SHALL RESULT IN THE IMPOSITION OF SANCTIONS. 21 22 23 IT IS SO ORDERED. 24 Dated: icido3 September 27, 2011 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 25 26 27 28 7
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