Johnson v. Tell et al
Filing
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 11/7/11 ORDERING the status (pretrial scheduling) conference scheduled for hearing on 11/14/11, is VACATED. All discovery shall be completed by 11/11/2013. Designation of Expert Witnesses is due by 8/10/2012, and rebuttal expert disclosure is due by 9/10/2012. The last hearing date for a motion is 3/11/2013, commencing at 9:00 a.m. The Final Pretrial Conference is SET for 5/13/2013 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. The parties shall file a JOINT pretrial statement no later than seven calendar days prior to the final pretrial conference. Trial is SET for 8/13/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SCOTT N. JOHNSON,
Plaintiff,
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v.
SANDRA R. TELL, Individually and
d/b/a Tell Rentals Inc.; TELL
RENTALS, INC.; JAMES L. TELL,
JR.,
Defendants.
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2:11-cv-02303-GEB-EFB
STATUS (PRETRIAL SCHEDULING)
ORDER
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The status (pretrial scheduling) conference scheduled for
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hearing on November 14, 2011, is vacated since the parties’ Joint Status
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Report filed on October 31, 2011 (“JSR”) indicates the following Order
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should issue.
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SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT
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No further service, joinder of parties or amendments to
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pleadings is permitted, except with leave of Court for good cause shown.
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DISCOVERY
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All discovery shall be completed by January 11, 2013. In this
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context, “completed” means that all discovery shall have been conducted
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so that all depositions have been taken and any disputes relative to
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discovery shall have been resolved by appropriate orders, if necessary,
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and, where discovery has been ordered, the order has been complied with
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or, alternatively, the time allowed for such compliance shall have
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expired.
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Each party shall comply with Federal Rule of Civil Procedure
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26(a)(2)(B) and (C)’s initial expert witness disclosure requirements on
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or before August 10, 2012, and any contradictory and/or rebuttal expert
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disclosure authorized under Rule 26(a)(2)(D)(ii) on or before September
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10, 2012.
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MOTION HEARING SCHEDULE
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The
last
hearing
date
for
a
motion
is
March
11,
2013,
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commencing at 9:00 a.m.1 A motion shall be briefed as prescribed in Local
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Rule 230.
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The
parties
are
cautioned
that
an
untimely
motion
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characterized as a motion in limine may be summarily denied. A motion in
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limine addresses the admissibility of evidence.
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FINAL PRETRIAL CONFERENCE
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The final pretrial conference is set for May 13, 2013, at
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11:00 a.m. The parties are cautioned that the lead attorney who WILL TRY
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THE CASE for each party shall attend the final pretrial conference. In
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addition, all persons representing themselves and appearing in propria
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persona must attend the pretrial conference.
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The parties are warned that non-trial worthy issues could be
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eliminated sua sponte “[i]f the pretrial conference discloses that no
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material facts are in dispute and that the undisputed facts entitle one
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of the parties to judgment as a matter of law.” Portsmouth Square v.
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S’holders Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985).
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This time deadline does not apply to motions for continuances,
temporary restraining orders, emergency applications, or motions under
Rule 16(e) of the Federal Rules of Civil Procedure.
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The parties shall file a JOINT pretrial statement no later
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than seven (7) calendar days prior to the final pretrial conference.2 The
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joint pretrial statement shall specify the issues for trial, including
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a description of each theory of liability and affirmative defense, and
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shall estimate the length of the trial.3 The Court uses the parties’
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joint pretrial statement to prepare its final pretrial order and could
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issue the final pretrial order without holding the scheduled final
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pretrial conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir.
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1999)
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(“There
is
no
requirement
that
the
court
hold
a
pretrial
joint
pretrial
conference.”).
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If
possible,
at
the
time
of
filing
the
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statement counsel shall also email it in a format compatible with
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WordPerfect to: geborders@caed.uscourts.gov.
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TRIAL SETTING
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Trial shall commence at 9:00 a.m. on August 13, 2013.
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IT IS SO ORDERED.
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Dated:
November 7, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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The failure of one or more of the parties to participate in
the preparation of any joint document required to be filed in this case
does not excuse the other parties from their obligation to timely file
the document in accordance with this Order. In the event a party fails
to participate as ordered, the party or parties timely submitting the
document shall include a declaration explaining why they were unable to
obtain the cooperation of the other party.
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If a trial by jury has been preserved, the joint pretrial
statement shall also state how much time each party desires for voir
dire, opening statements, and closing arguments.
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