United States of America et al v. Forward, Inc.
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/27/2011. Status Conference set for 8/10/2011 at 10:00 AM in Courtroom 24 (EFB). No later than 14 days prior to Status Conference, parties shall file Status Report briefly describing case and addressing points listed in text. (Marciel, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA;
SAN JOAQUIN VALLEY UNIFIED
AIR POLLUTION DISTRICT,
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Plaintiffs,
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vs.
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No. CIV S-11-0590 EFB
FORWARD, INC.,
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Defendant.
ORDER
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On June 24, 2011, this action was reassigned to the undersigned based on the consent of
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the parties, and all hearing dates then set before the district judge were vacated. See Dckt. No.
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13; see also E.D. Cal. L.R. 305; 28 U.S.C. § 636(c). Because this case has not yet been
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scheduled pursuant to Federal Rule of Civil Procedure 16(b), a status (pretrial scheduling)
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conference will be set before the undersigned.
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Accordingly, IT IS HEREBY ORDERED that:
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1. A Status (Pretrial Scheduling) Conference is set for August 10, 2011, at 10:00 a.m. in
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Courtroom No. 24 before the undersigned.
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2. Not later than fourteen (14) days prior to the Status Conference, the parties shall file
status reports1 briefly describing the case and addressing the following:
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a. Progress in service of process;
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b. Possible joinder of additional parties;
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c. Expected or desired amendment of pleadings;
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d. Jurisdiction and venue;
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e. Anticipated motions and their scheduling;
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f. The report required by Federal Rule of Civil Procedure 26 outlining the
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proposed discovery plan and its scheduling, including disclosure of expert witnesses;
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g. Cut-off dates for discovery and law and motion, and dates for pretrial
conference and trial;
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h. Special procedures, if any;
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I. Estimated trial time;
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j. Modifications of standard pretrial procedures due to the simplicity or
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complexity of the proceedings;
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k. Whether the case is related to any other cases, including bankruptcy;
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l. Whether a settlement conference should be scheduled;
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m. Whether counsel will stipulate to the magistrate judge assigned to this matter
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acting as settlement judge and waiving disqualification by virtue of his so acting, or whether they
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prefer to have a settlement conference conducted before another judge;
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n. Any other matters that may add to the just and expeditious disposition of this
matter.
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3. Failing to obey federal or local rules, or order of this court, may result in dismissal of
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this action. Even though the court will construe pro se pleadings liberally, pro se litigants must
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The parties are encouraged, when possible, to file a joint status report.
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comply with the procedural rules.
4. Plaintiffs and counsel are reminded of their continuing duty to notify chambers
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immediately of any settlement or other disposition. See L.R. 160. In addition, the parties are
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cautioned that pursuant to Local Rule 230(c), opposition to granting of a motion must be filed
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fourteen (14) days preceding the noticed hearing date. The Local Rule further provides that
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“[n]o party will be entitled to be heard in opposition to a motion at oral arguments if written
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opposition to the motion has not been timely filed by that party.” Moreover, Local Rule 230(I)
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provides that failure to appear may be deemed withdrawal of opposition to the motion or may
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result in sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules
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“may be grounds for imposition of any and all sanctions authorized by statute or Rule or within
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the inherent power of the Court.”
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DATED: June 27, 2011.
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