Slama v. City of Madera, et al

Filing 174

ORDER REQUIRING parties to file a joint pretrial conference statement. The parties shall file a joint pretrial conference statement that complies with the requirements set forth in Local Rule 281 by no later than 12:00 p.m. noon on Monday, July 29, 2013. Order signed by Magistrate Judge Sheila K. Oberto on 7/26/2013. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY DEAN SLAMA,

CASE NO. 1:08-cv-00810-SKO

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Plaintiff,
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ORDER REQUIRING PARTIES TO FILE A
JOINT PRETRIAL CONFERENCE
STATEMENT

v.

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CITY OF MADERA, et al.,

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Defendants.
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On May 31, 2013, pursuant to the request of counsel for Plaintiff' Anthony Dean Slama

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("Plaintiff"), the Court continued the trial date to September 3, 2013. (Docs. 172, 173.) The pretrial

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conference was set for August 1, 2013. (Docs. 172, 173.)

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Rule 281 of the Local Rules of the United States District Court, Eastern District of California

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requires the parties to file a joint pretrial statement "[n]ot less than seven (7) days before the date set

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by the Court for the holding of the final pretrial conference." Local Rule 281(a)(2). As such, the

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joint pretrial conference statement was due in this case on July 25, 2013. The parties failed to file

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a statement.1

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The Court notes that the parties had filed an amended pretrial conference statement on May 23, 2013, prior
to the previous pretrial conference held on May 31, 2013. (Doc. 170.) This document is not sufficient because (1) Local
Rule 281 requires the filing of a pretrial statement before the final pretrial conference, and (2) the information provided
is no longer accurate. For example, Defendants list Steven Geringer as a defense witness; however, the Court denied
Defendant's request to allow Mr. Geringer to testify, and Defendants did not file a motion within the time allowed to
renew their request. Further, Defendant's exhibit list contains letters from Mr. Geringer and Plaintiff's exhibit list is
vague and does not properly identify the specific documents Plaintiff's will seek to introduce at trial.

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Accordingly, IT IS HEREBY ORDERED that the parties file a joint pretrial conference

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statement that complies with the requirements set forth in Local Rule 281 by no later than 12:00

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p.m. noon on Monday, July 29, 2013. The parties should also email a copy of the pretrial

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conference statement in Word format to [e-mail] by the same deadline. Failure

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to comply with this order shall result in a continuance of the pretrial conference and trial dates, and

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may result in the imposition of sanctions. See, e.g., Local Rule 110.

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IT IS SO ORDERED.

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Dated:
cc0hp0

July 26, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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