Slama v. City of Madera, et al

Filing 162

ORDER SETTING Pre-trial Conference and Trial Dates. The Pre-trial conference currently set for 10/2/2013, before Judge Ishii is VACATED and RESET for 5/20/2013, at 03:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The jury trial currently set for 11/13/2013, before Judge Ishii is VACATED and RESET for 7/1/2013, at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 4/8/2013. (Timken, A)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 ANTHONY DEAN SLAMA, 8 CASE NO. 1:08-cv-00810-SKO Plaintiff, ORDER SETTING PRE-TRIAL CONFERENCE AND TRIAL DATES 9 v. Pre-Trial Conference: 5/20/2013, at 3:00 p.m. Courtroom 7 10 11 CITY OF MADERA, et al., Jury Trial 7/1/2013, at 8:30 a.m. Courtroom 7 12 Defendants. 13 / 14 15 This Court conducted a telephonic trial setting conference on April 4, 2013. Counsel Andrew 16 Fishkin, Esq. appeared on behalf of Plaintiff. Gregory Myers, Esq., appeared on behalf of 17 Defendants. The Court has set the following schedule in this action. 18 1. 19 20 21 22 Pre-Trial Conference Date May 20, 2013, at 3:00 p.m. in Courtroom 7, before the Honorable Sheila K. Oberto, United States Magistrate Judge. Not later than ten (10) days prior to the Pre-Trial Conference, the parties shall exchange the disclosures required pursuant to Federal Rule of Civil Procedure 26(a)(3). 23 Not later than seven (7) days prior to the Pre-Trial Conference, the parties are ORDERED 24 to file a JOINT Pre-Trial Statement pursuant to Rule 281(a)(2) of the Local Rules for the United 25 States District Court, Eastern District of California. The parties are further ORDERED to submit 26 a digital copy of their Joint Pre-Trial Statement in WordPerfect X31 to Judge Oberto's chambers by 27 28 1 If W ordPerfect X3 is not available to the parties, then the latest version of W ordPerfect, or any other word processing program in general use for IBM compatible personal computers, is acceptable. 1 e-mail to skoorders@caed.uscourts.gov. Counsel's attention is directed to Local Rules 281 and 282 2 regarding the obligations of counsel in preparing for the Pre-trial conference. The Court will insist 3 upon strict compliance with those Rules. In addition to the matters set forth in the Local Rules, 4 the Joint Pre-trial Statement shall include a Joint Statement of the case to be used by the Court to 5 explain the nature of the case to the jury during voir dire. 6 At the Pre-trial conference, the Court will set deadlines, among others, to file motions in 7 limine, final witness lists, exhibits, jury instructions, objections, and other trial documents. 8 2. 9 10 Trial Date July 1, 2013, at 8:30 a.m., in Courtroom 7, before the Honorable Sheila K. Oberto, United States Magistrate Judge. 11 a. This is a Jury trial. 12 b. Counsel's estimate of trial time: 3-5 days. 13 c. Counsel's attention is directed to Local Rule 285 for the United States District Court, 14 15 Eastern District of California. 3. Settlement Conference 16 No Settlement Conference is currently scheduled. The parties are strongly encouraged to 17 consider participating in a Settlement Conference. Once the parties determine when they wish to 18 proceed with a Settlement Conference, the Court ORDERS the parties to contact Ms. Sujean Park, 19 the Court's Pro Bono Program Director, at (916) 930-4278, or via email at spark@caed.uscourts.gov, 20 and inform her regarding whether they are interested in participating in the Court's Settlement 21 Conference Week, scheduled for June 10-14, 2013. 22 4. Compliance with Federal Procedure 23 The Court requires compliance with the Federal Rules of Civil Procedure and the Local Rules 24 for the United States District Court, Eastern District of California. All counsel are expected to 25 familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules for the Eastern 26 District of California, and to keep abreast of any amendments thereto. The Court must insist upon 27 compliance with these Rules if it is to efficiently handle its increasing case load and will impose 28 sanctions for failure to follow the Rules as provided in both the Federal Rules of Civil Procedure and 2 1 the Local Rules. 2 5. Effect of this Order 3 This order represents the best estimate of the Court and counsel as to the agenda most 4 suitable to bring this case to resolution. The trial date reserved is specifically reserved for this 5 case. If the parties determine at any time that the schedule outlined in this order cannot be met, 6 counsel are ordered to notify the Court immediately of that fact so that adjustments may be made, 7 either by stipulation or by subsequent status conference. 8 The dates set in this Order are considered to be firm and will not be modified absent 9 a showing of good cause even if the request to modify is made by stipulation. Stipulations 10 extending the deadlines contained herein will not be considered unless they are accompanied 11 by affidavits or declarations, and where appropriate, attached exhibits, which establish good 12 cause for granting the relief requested. 13 The failure to comply with this order may result in the imposition of sanctions. 14 15 IT IS SO ORDERED. 16 Dated: ie14hj April 8, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 3

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