Fratus v. Peterson et al

Filing 193

Scheduling ORDER, signed by District Judge Roslyn O. Silver on 02/13/15. Telephonic Scheduling Conference set for 3/3/2015 at 10:00 AM in Courtroom 3 before District Judge Roslyn O. Silver. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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John Fratus,
Plaintiff,

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vs.

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Sergeant Peterson, et al.,
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Defendants.
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No. CV-08-1500-ROS
ORDER

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IT IS ORDERED pursuant to Fed. R. Civ. P. (FRCP) 16 a Scheduling Conference

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is set for March 3, 2015 at 10:00 a.m., Arizona time, in Courtroom #3, United States

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Courthouse, 2500 Tulare Street, Fresno, California. The conference will be conducted via

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video teleconference. This Court views the Scheduling Conference as critical to its case

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management responsibilities and the responsibilities of counsel/parties pursuant to FRCP 1.

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Judge Silver perceives the Rule 16 Conference as an opportunity to ensure the parties

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and counsel fully understand the Court’s expectations and to thoroughly familiarize herself

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with the facts and law pertaining to the case. At the conference the parties and counsel are

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to be completely prepared to discuss and explain both the facts and law as set forth in the

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Proposed Case Management Plan as well as those anticipated to surface during litigation.

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The conference is not perfunctory and dialogue with the parties and counsel can comprise

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a considerable amount of time.

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IT IS FURTHER ORDERED all counsel/parties shall conduct an initial case

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management meeting at least seven days before the Scheduling Conference in accordance

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with Rule 26(f) of the FRCP and shall discuss the matters set forth in the Court’s Agenda for

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Civil Case Management Meeting.

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IT IS FURTHER ORDERED it shall be the responsibility of defense counsel to

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initiate the communication necessary with Plaintiff to schedule the case management meeting

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and to prepare both the Proposed Case Management Plan and Proposed Scheduling Order.

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IT IS FURTHER ORDERED at the case management meeting the counsel/parties

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shall prepare a Proposed Case Management Plan and a Proposed Scheduling Order and shall

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file them with the Court no later than February 24, 2015. Counsel shall submit the Proposed

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Scheduling

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Order

in

Word

f o r ma t

to

the

C o u r t 's

ma i l b o x

at

[e-mail].

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IT IS FURTHER ORDERED after the Scheduling Conference the Court will enter

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a Scheduling Order that shall control the course of this action. To the extent the Court’s

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Scheduling Order differs from the parties’/counsel’s Proposed Case Management Plan and/or

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Proposed Scheduling Order, the Court’s Order shall control the course of this action unless

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modified by Court order, pursuant to FRCP 16(b) and (c).

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IT IS FURTHER ORDERED that counsel/parties shall obtain and use from this

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Court's website at www.azd.uscourts.gov, (refer to Judges Information; Orders, Forms &

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Procedures for the Hon. Roslyn O. Silver), only the Court’s forms for the Agenda for the

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Case Management Meeting, the Proposed Case Management Plan, the Proposed Rule 16

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Scheduling Order, the Joint Proposed Pretrial Order and other documents and orders that are

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adopted and/or issued by this Court throughout the course of this action.

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DATED this 13th day of February, 2015.

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