Porter v. Winter

Filing 84

ORDER signed by District Judge Lawrence J. O'Neill on 1/29/2013 vacating Pretrial Conference and Trial and to set Briefing Schedule.(Lundstrom, T)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RONALD L. PORTER,

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CASE NO. CV F 06-0880 LJO SMS

Plaintiff,

ORDER TO VACATE PRETRIAL
CONFERENCE AND TRIAL AND TO SET
BRIEFING SCHEDULE

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vs.
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RAY MABUS, Secretary of the
Department of the Navy,

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Defendant.
/

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This Court has reviewed the record, including the parties’ joint pretrial statement, and concludes

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that this action is limited to this Court’s review of the Equal Employment Opportunity Commission’s

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(“EEOC’s”) award of attorney fees and costs to plaintiff Ronald L. Porter. This Court may accomplish

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such review on the record with the parties’ further motions and papers discussed below and without a

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hearing or trial. As such, this Court:

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1.

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VACATES the February 5, 2013 pretrial conference and April 2, 2013 trial and orders
the parties not to appear on those dates;

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ORDERS the parties, no later than March 4, 2013, to file and serve their respective

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motions and papers to support their positions as to the EEOC’s award of attorney fees

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and costs and why they prevail in this action;

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3.

ORDERS the parties, no later than March 18, 2013, to file and serve, at their election,
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papers to oppose the other party’s position as to the EEOC’s award of attorney fees and

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costs;

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4.

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ORDERS the parties to file no further reply or other papers, unless this Court orders
otherwise;

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5.

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ORDERS the parties to index and file with their papers all exhibits which the parties
request this Court to consider;

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6.

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LIMITS the parties’ moving and opposition points and authorities to 25 pages, excluding
exhibits; and

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7.

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ENCOURAGES the parties to contact U.S. Magistrate Judge Sandra Snyder if they
desire a settlement conference.

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After review of the parties’ papers, this Court will issue its ruling on the merits of this action

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and/or request supplemental briefing. This Court will strike and will not consider papers or portions

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thereof which address matters other than the EEOC’s award of attorney fees and costs and specifically

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will not address the merits of plaintiff’s claims before the EEOC.

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IT IS SO ORDERED.
Dated:

January 29, 2013

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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