Duran v. Stockton Recycling, Inc.
Filing
6
STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 11/7/11 ORDERING that the status (pretrial scheduling) conference set for hearing on 11/14/2011, is VACATED. All discovery shall be completed by 8/17/2012. Designation o f Expert Witnesses is due by 5/1/2012, and rebuttal expert disclosure is due by 6/1/2012. The last hearing date for a motion is 10/17/2012, commencing at 9:00 a.m. The Final Pretrial Conference is SET for 12/17/2012 at 02:30 PM 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 3/26/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
RUDOLPH DURAN,
12
Plaintiff,
13
v.
14
STOCKTON RECYCLING, INC.,
15
Defendant.1
________________________________
16
)
)
)
)
)
)
)
)
)
)
2:11-cv-02312-GEB-CKD
STATUS (PRETRIAL SCHEDULING)
ORDER
17
The status (pretrial scheduling) conference scheduled for
18
hearing on November 14, 2011, is vacated since the parties’ Joint Status
19
Report filed on October 31, 2011 (“JSR”) indicates the following Order
20
should issue.
DISMISSAL OF DOE DEFENDANTS
21
22
Since Plaintiff has not justified Doe defendants remaining in
23
this action, Does 1 through 50 are dismissed. See Order Setting Status
24
(Pretrial
25
(indicating that if justification for “Doe” defendant allegations not
26
provided Doe defendants would be dismissed).
Scheduling)
Conference
filed
August
31,
2011,
at
2
n.2
27
28
1
The caption has been amended according to the Dismissal of Doe
Defendants portion of this Order.
1
1
SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT
2
No further service, joinder of parties or amendments to
3
pleadings is permitted, except with leave of Court for good cause shown.
4
DISCOVERY
5
All discovery shall be completed by August 17, 2012. In this
6
context, “completed” means that all discovery shall have been conducted
7
so that all depositions have been taken and any disputes relative to
8
discovery shall have been resolved by appropriate orders, if necessary,
9
and, where discovery has been ordered, the order has been complied with
10
or, alternatively, the time allowed for such compliance shall have
11
expired.
12
Each party shall comply with Federal Rule of Civil Procedure
13
26(a)(2)(B) and (C)’s initial expert witness disclosure requirements on
14
or before May 1, 2012, and any contradictory and/or rebuttal expert
15
disclosure authorized under Rule 26(a)(2)(D)(ii) on or before June 1,
16
2012.
17
MOTION HEARING SCHEDULE
18
The last hearing date for a motion is October 17, 2012,
19
commencing at 9:00 a.m.2 A motion shall be briefed as prescribed in Local
20
Rule 230.
21
The
parties
are
cautioned
that
an
untimely
motion
22
characterized as a motion in limine may be summarily denied. A motion in
23
limine addresses the admissibility of evidence.
24
///
25
///
26
27
28
2
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.
2
1
FINAL PRETRIAL CONFERENCE
2
The final pretrial conference is set for December 17, 2012, at
3
2:30 p.m. The parties are cautioned that the lead attorney who WILL TRY
4
THE CASE for each party shall attend the final pretrial conference. In
5
addition, all persons representing themselves and appearing in propria
6
persona must attend the pretrial conference.
7
The parties are warned that non-trial worthy issues could be
8
eliminated sua sponte “[i]f the pretrial conference discloses that no
9
material facts are in dispute and that the undisputed facts entitle one
10
of the parties to judgment as a matter of law.” Portsmouth Square v.
11
S’holders Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985).
12
The parties shall file a JOINT pretrial statement no later
13
than seven (7) calendar days prior to the final pretrial conference.3 The
14
joint pretrial statement shall specify the issues for trial, including
15
a description of each theory of liability and affirmative defense, and
16
shall estimate the length of the trial.4 The Court uses the parties’
17
joint pretrial statement to prepare its final pretrial order and could
18
issue the final pretrial order without holding the scheduled final
19
pretrial conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir.
20
1999)
21
conference.”).
(“There
is
no
requirement
that
the
court
hold
a
pretrial
22
23
24
25
26
27
28
3
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.
4
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.
3
1
If
possible,
at
the
time
of
filing
the
joint
pretrial
2
statement counsel shall also email it in a format compatible with
3
WordPerfect to: geborders@caed.uscourts.gov.
4
TRIAL SETTING
5
Trial shall commence at 9:00 a.m. on March 26, 2013.
6
IT IS SO ORDERED.
7
Dated:
November 7, 2011
8
9
10
GARLAND E. BURRELL, JR.
United States District Judge
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
