J & J Sports Productions, Inc. v. Ramirez

Filing 13

SCHEDULING CONFERENCE ORDER, signed by Judge Oliver W. Wanger on 5/4/2011. ( Discovery Cut-Off: 9/3/2012, Non-Dispositive Motion Filing Deadline: 9/14/2012, Non-Dispositive Motion Hearing set 10/19/2012 at 9:00 AM in Courtroom 7 (SMS) before Magis trate Judge Sandra M. Snyder, Dispositive Motion Filing Deadline: 9/28/2012, Dispositive Motion Hearing set for 10/29/2012 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Settlement Conference set for 9/25/2012 at 10:30 AM in Courtroo m 7 (SMS) before Magistrate Judge Sandra M. Snyder, Pretrial Conference set for 12/3/2012at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Jury Trial set for 1/29/2013 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.) (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC., )
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Plaintiff,
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v.
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REFUGIO RAMIREZ, et al.,
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Defendants.
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1:10-cv-2088 OWW SMS
SCHEDULING CONFERENCE ORDER
Discovery Cut-Off: 9/3/12
Non-Dispositive Motion
Filing Deadline: 9/14/12
Non-Dispositive Motion
Hearing Date: 10/19/12 9:00
Ctrm. 7

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Dispositive Motion Filing
Deadline: 9/28/12

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Dispositive Motion Hearing
Date: 10/29/12 10:00 Ctrm.
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Settlement Conference Date:
9/25/12 10:30 Ctrm. 7

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Pre-Trial Conference Date:
12/3/12 11:00 Ctrm. 3

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Trial Date: 1/29/13 9:00
Ctrm. 3 (JT-3 days)

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I.

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Date of Scheduling Conference.
May 4, 2011.

II.

Appearances Of Counsel.
Thomas P. Riley, Esq., appeared on behalf of Plaintiff.
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Robert J. Cervantes, Esq., appeared on behalf of Defendants.
III.

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Summary of Pleadings.
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Plaintiff, J & J Sports Productions, Inc., a closed-

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circuit distributor of sports and entertainment programming,

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claims that Defendant Refugio Ramirez, individually and d/b/a

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Pirate Pizza, exhibited the “Firepower”: Manny Pacquiao v. Miguel

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Cotto, WBO Welterweight of Saturday, November 14, 2009

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(hereinafter “Program”) at the establishment the Defendant was

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operating known as “Pirate Pizza” without the necessary closed-

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circuit (commercial) license he was required to obtain from the

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Plaintiff.

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2.

The Defendant denies exhibition of the Program, and/or

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any liability of any alleged exhibition of the Program.

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IV.

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Orders Re Amendments To Pleadings.
1.

The Plaintiff anticipates amending its Complaint at the

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conclusion of discovery to assert additional claims/parties to

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causes of action against the Defendant.

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endeavor to complete sufficient discovery to permit any amendment

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of pleadings within ninety days following the exchange of Rule

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26(a) information.

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V.

The parties shall

Factual Summary.

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A.

Admitted Facts Which Are Deemed Proven Without Further

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Proceedings.

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1.

J & J Sports Productions, Inc. is a corporation

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incorporated under the laws of the State of California and

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licenses sports events including boxing contests.

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2.

Defendant Refugio Ramirez d/b/a Pirate Pizza is in

Reedley, California.
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B.

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Contested Facts.
1.

VI.

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All remaining facts are contested.

Legal Issues.
A.

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Uncontested.
1.

Jurisdiction exists under 28 U.S.C. § 1331 and 47

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U.S.C. §§ 553, et seq., and 47 U.S.C. §§ 605, et seq.

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Supplemental jurisdiction is invoked under 28 U.S.C. § 1367.

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Plaintiff also asserts claims for conversion and violation of

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Cal. Civ. Code § 17200.

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2.

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Venue is proper under 28 U.S.C. § 1391 and 47

U.S.C. §§ 553 and 605, et seq.

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B.

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The

Contested.
1.

All remaining legal issues are contested.

VII. Consent to Magistrate Judge Jurisdiction.

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1.

The parties have not consented to transfer the

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case to the Magistrate Judge for all purposes, including trial.

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VIII.

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1.

Corporate Identification Statement.
Any nongovernmental corporate party to any action in

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this court shall file a statement identifying all its parent

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corporations and listing any entity that owns 10% or more of the

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party's equity securities.

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its initial pleading filed in this court and shall supplement the

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statement within a reasonable time of any change in the

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information.

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IX.

A party shall file the statement with

Discovery Plan and Cut-Off Date.

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1.

The date for initial disclosures under Rule 26(a) is

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June 8, 2011.

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2.

The parties are ordered to complete all discovery on or
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before September 3, 2012.

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3.

The parties are directed to disclose all expert

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witnesses, in writing, on or before April 2, 2012.

Any rebuttal

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or supplemental expert disclosures will be made on or before May

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1, 2012.

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Rule of Civil Procedure 26(a)(2) regarding their expert

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designations.

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designation of experts shall be made pursuant to F. R. Civ. P.

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Rule 26(a)(2), (A) and (B) and shall include all information

The parties will comply with the provisions of Federal

Local Rule 16-240(a) notwithstanding, the written

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required thereunder.

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with this order may result in the Court excluding the testimony

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or other evidence offered through such experts that are not

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disclosed pursuant to this order.

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4.

Failure to designate experts in compliance

The provisions of F. R. Civ. P. 26(b)(4) shall

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apply to all discovery relating to experts and their opinions.

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Experts shall be fully prepared to be examined on all subjects

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and opinions included in the designation and their reports, which

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shall include every opinion to be rendered and all reasons for

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each opinion.

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sanctions.

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X.

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Failure to comply will result in the imposition of

Pre-Trial Motion Schedule.
1.

All Non-Dispositive Pre-Trial Motions, including any

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discovery motions, shall be filed on or before September 14,

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2012, and heard on October 19, 2012, at 9:00 a.m. before

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Magistrate Judge Sandra M. Snyder in Courtroom 7.

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2.

In scheduling such motions, the Magistrate

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Judge may grant applications for an order shortening time

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pursuant to Local Rule 142(d).

However, if counsel does not
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obtain an order shortening time, the notice of motion must comply

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with Local Rule 251 and this schedule.

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3.

All Dispositive Pre-Trial Motions are to be

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filed no later than September 28, 2012, and will be heard on

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October 29, 2012, at 10:00 a.m. before the Honorable Oliver W.

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Wanger, in Courtroom 3, 7th Floor.

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counsel shall comply with Local Rule 230.

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XI.

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In scheduling such motions,

Pre-Trial Conference Date.
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December 3, 2012, at 11:00 a.m. in Courtroom 3, 7th

Floor, before the Honorable Oliver W. Wanger.
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The parties are ordered to file a Joint Pre-

Trial Statement pursuant to Local Rule 281(a)(2).
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Counsel's attention is directed to Rules 281

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and 282 of the Local Rules of Practice for the Eastern District

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of California, as to the obligations of counsel in preparing for

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the pre-trial conference.

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compliance with those rules.

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XII. Motions - Hard Copy.

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1.

The Court insists upon strict

The parties shall submit one (1) courtesy paper copy to

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the Court of any motions filed.

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protruding numbered or lettered tabs so that the Court can easily

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identify such exhibits.

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XIII.

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1.

Exhibits shall be marked with

Trial Date.
January 29, 2013, at the hour of 9:00 a.m. in Courtroom

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3, 7th Floor, before the Honorable Oliver W. Wanger, United

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States District Judge.

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2.

This is a jury trial.

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3.

Counsels' Estimate Of Trial Time:
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a.
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Two to three days.

Counsels' attention is directed to Local Rules

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of Practice for the Eastern District of California, Rule 285.

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XIV. Settlement Conference.

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1.

A Settlement Conference is scheduled for September 25,

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2012, at 10:30 a.m. in Courtroom 7 before the Honorable Sandra M.

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Snyder, United States Magistrate Judge.

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2.

Unless otherwise permitted in advance by the

Court, the attorneys who will try the case shall appear at the

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Settlement Conference with the parties and the person or persons

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having full authority to negotiate and settle the case on any

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terms at the conference.

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3.

Permission for a party [not attorney] to attend

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by telephone may be granted upon request, by letter, with a copy

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to the other parties, if the party [not attorney] lives and works

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outside the Eastern District of California, and attendance in

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person would constitute a hardship.

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allowed, the party must be immediately available throughout the

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conference until excused regardless of time zone differences.

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Any other special arrangements desired in cases where settlement

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authority rests with a governing body, shall also be proposed in

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advance by letter copied to all other parties.

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4.

If telephone attendance is

Confidential Settlement Conference Statement.

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At least five (5) days prior to the Settlement Conference the

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parties shall submit, directly to the Magistrate Judge's

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chambers, a confidential settlement conference statement.

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statement should not be filed with the Clerk of the Court nor

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served on any other party.

Each statement shall be clearly

The

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marked "confidential" with the date and time of the Settlement

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Conference indicated prominently thereon.

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request the return of their statements if settlement is not

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achieved and if such a request is not made the Court will dispose

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of the statement.

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5.

The Confidential Settlement Conference

Statement shall include the following:

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Counsel are urged to

a.

A brief statement of the facts of the

b.

A brief statement of the claims and

case.

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defenses, i.e., statutory or other grounds upon which the claims

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are founded; a forthright evaluation of the parties' likelihood

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of prevailing on the claims and defenses; and a description of

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the major issues in dispute.

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c.

A summary of the proceedings to date.

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d.

An estimate of the cost and time to be

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expended for further discovery, pre-trial and trial.

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e.

The relief sought.

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f.

The parties' position on settlement,

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including present demands and offers and a history of past

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settlement discussions, offers and demands.

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XV.

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Or Other Techniques To Shorten Trial.

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Request For Bifurcation, Appointment Of Special Master,

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None.

XVI. Related Matters Pending.
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XVII.
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There are no related matters.
Compliance With Federal Procedure.
The Court requires compliance with the Federal
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Rules of Civil Procedure and the Local Rules of Practice for the

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Eastern District of California.

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efficient administration of this case, all counsel are directed

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to familiarize themselves with the Federal Rules of Civil

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Procedure and the Local Rules of Practice of the Eastern District

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of California, and keep abreast of any amendments thereto.

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XVIII.

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To aid the court in the

1.

Effect Of This Order.
The foregoing order represents the best

estimate of the court and counsel as to the agenda most suitable

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to bring this case to resolution.

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specifically reserved for this case.

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any time that the schedule outlined in this order cannot be met,

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counsel are ordered to notify the court immediately of that fact

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so that adjustments may be made, either by stipulation or by

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subsequent scheduling conference.

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2.

The trial date reserved is
If the parties determine at

Stipulations extending the deadlines contained

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herein will not be considered unless they are accompanied by

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affidavits or declarations, and where appropriate attached

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exhibits, which establish good cause for granting the relief

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requested.

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3.

Failure to comply with this order may result in

the imposition of sanctions.

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IT IS SO ORDERED.

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Dated:
May 4, 2011
emm0d6

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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