Pacific Coast Federation of Fishermen's Associations et al v. Gutierrez et al

Filing 17

ORDER setting mandatory Scheduling Conference for 5/26/2006 at 08:45 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 3/21/2006. (Lucas, G)

(TAG) Pacific Coast Federation of Fishermen's Associations et al v. Gutierrez et al

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

1:06-CV-00245 OWW LJO PACIFIC COAST FEDERATION, etc., et al., Plaintiff,

CARLOS M. GUTIERREZ, etc., et al., Defendant ORDER SETTING MANDATORY SCHEDULING CONFERENCE

DATE: May 26, 2006 TIME: 8:45 a.m. COURTROOM THREE JUDGE OLIVER W. WANGER

No schedule dates are currently in place in this matter, therefore, it is ordered that you appear for a formal scheduling conference before U. S. District Judge Oliver W. Wanger in Courtroom Three, United States Courthouse, 2500 Tulare Street, Fresno, California, 93721, on the date and time stated above. Attendance at the Scheduling Conference is mandatory upon each party not represented by counsel, or, alternatively, by retained counsel. Only counsel who are thoroughly familiar with the facts and law of the instant case, and who have full authority to bind his or her client, shall appear. Trial Counsel should participate in this Scheduling Conference whenever possible. A Joint Scheduling Report, carefully prepared and executed by all counsel, shall be filed with the Clerk of the Court, in full compliance with the requirements as set forth in Exhibit "A" attached
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hereto one (1) full week prior to the Scheduling Conference. For reference purposes, the Court requires that counsels' Joint Scheduling Report indicate the date, time, and courtroom of the Scheduling Conference opposite the caption on the first page of the Report. Among other things, counsel will be expected to discuss the possibility of settlement. Counsel are to thoroughly discuss settlement with each other before undertaking the preparation of the Joint Scheduling Report and engaging in extensive discovery. However, even if settlement negotiations are progressing, counsel are expected to comply with the requirements of this Order unless otherwise excused by the Court. If the case is settled, please promptly inform the Court, and counsel's presence, as well as the joint Scheduling Report, will not be required. Counsel are encouraged to consent to the jurisdiction of the U. S. Magistrate Judge, and will be expected to discuss their positions with respect to this at the conference. Should all parties reach an agreement to such consent prior to the conference, please contact the court and the conference will be rescheduled before the assigned Magistrate Judge. Counsel, whose office is more than fifth (50) files from the Courthouse, may request that their attendance by telephonic conference. If two or more parties wish to appear

telephonically, counsel shall decide which will be responsible for making prior arrangements for the conference call with the AT&T operator (if counsel do not have conference call capabilities on their telephone systems), and shall initiate the call at the above-designated time. After all parties are on the line, the call should then be placed to Judge Wanger's chambers at [phone]. Additionally, counsel are directed to indicate on the face page of their Joint Scheduling Report that the conference will be telephonic.

UNITED STATES DISTRICT JUDGE OLIVER W. WANGER
E X H I B I T "A" A t least twenty (20) days before the scheduled Scheduling C o n f e r e n c e , the actual trial counsel for all parties s h a l l conduct and conclude a conference at a tim e and place arranged by counsel for the Plaintiff. This conference s h a l l be preferably a personal conference between counsel, but due to the distances involved in this District, a t e l e p h o n i c conference call involving all counsel is perm i s s i b l e . The Joint Scheduling Conference Statem e n t shall

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r e s p o n d to the following item s by corresponding num b e r paragraphs: 1. S u m m a r y of the factual and legal contentions set forth in the pleadings of each party, including the r e l i e f sought by any party presently before the Court. 2. A n y proposed amendm e n t to the pleadings presently on file shall be filed by its proponent c o n t e m p o r a n e o u s l y with the Scheduling Conference Report. If the m a t t e r cannot be resolved at the Scheduling C o n f e r e n c e , the matter will be set as a M o t i o n to Am e n d in accordance with the Rules of Practice of the Eastern D i s t r i c t of California. 3. A sum m a r y detailing the uncontested and contested facts.

4. A sum m a r y of the legal issues as to which there is no dispute, i.e., jurisdiction, venue, applicable f e d e r a l or state law, etc., as well as a sum m a r y of the disputed legal issues. 5. T h e position of the parties with respect to consenting to jurisdiction of the U.S. M a g i s t r a t e Judge f o r all purposes, including trial. 6. T h e status of all matters which are presently set before the Court, i.e., hearing all motions, etc.

7. A com p l e t e and detailed discovery plan, including a firm cut-off date for discovery, as outlined in F e d .R . C i v . P . 26(f)(2) and a proposed date for disclosure of expert witnesses. 8. D a t e s agreed to by all counsel for: (a ) F i l i n g pre-trial motions, with the understanding that m o t i o n s will not be entertained after t h e agreed date. (No later than 45 days prior to the proposed Pre-Trial Conference data.) S e t t l e m e n t Conference date. P r e - T r i a l Conference date. T r i a l date.

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10. A statement as to whether the case is a jury or non-jury case. A l l of these dates should be considered firm dates. Dates should be set to allow the Court to decide a n y matters under subm i s s i o n before the Pre-Trial Conference is set. 9. A t the conference referred to above, counsel are encouraged to discuss settlem e n t , and the Court will e x p e c t a statement in the Joint Scheduling Report as to the possibility of settlement. Counsel shall indicate whether t h e y feel a settlem e n t conference is desired, and when it should occur, i.e., before further discover, after discovery, a f t e r pre-trial motions, etc. (b ) © (d )

21 22 23 24 25 26 27 28 -313. W h e t h e r this m a t t e r is related to any m a t t e r pending in this court or any other court, including any b a n k r u p t c y court. S h o u l d counsel fail to appear at the Scheduling Conference or fail to comply with the directions set out above, a n ex parte hearing may be held and judgm e n t of dismissal or default or other appropriate judgm e n t may be entered, o r sanctions, including contem p t of court, may be im p o s e d or ordered. 11. A n estim a t e of the num b e r of trial days required. W h e n counsel cannot agree, each party shall give h i s or her estim a t e . 12. W h e t h e r either party requests bifurcation of trial or has any other suggestion for shortening trial. I t should be noted that all federal tort Claim s cases are bifurcated as a matter of course.