Jacques vs. Bank of America Corporation, et al.

Filing 135

ORDER AMENDING SCHEDULING ORDER PURSUANT TO STIPULATION OF THE PARTIES. signed by Magistrate Judge Stanley A. Boone on 1/19/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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TROY JACQUES,

)
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Plaintiff,
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v.
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BANK OF AMERICA CORPORATION, )
et al.,
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Defendants.
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CASE NO.: 1:12-cv-00821-SAB
ORDER AMENDING SCHEDULING
ORDER PURSUANT TO STIPULATION
OF THE PARTIES
(ECF Nos. 129, 131)

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On January 28, 2015, an amended scheduling order issued setting pretrial and trial

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dates in this action. (ECF No. 129.) On January 14, 2016, the parties filed a stipulation to

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continue the pretrial dates set forth in the January 28, 2015 scheduling order. The Court

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finds good cause exists to amend the dates consistent with the parties’ stipulation.

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Additionally, the Court finds that, due to the continuance of the pretrial conference, it is

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necessary to set forth the motion in limine dates at this time.

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Any party may file a motion in limine, which is a procedural mechanism to limit in

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advance testimony or evidence in a particular area. United States v. Heller, 551 F.3d 1108,

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1111 (9th Cir. 2009) (quotation marks omitted). The Court orders the parties to meet and

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confer to attempt to come to an agreement on any issue before it is presented to the Court

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in a motion in limine. If this Court surmises that the parties have filed motions in limine

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without meaningful, genuine attempts to meet and confer, this Court will strike the motions
in limine and remove them from calendar.
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This Court further orders the parties to file motions in limine only with respect to

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important, critical matters.

Most evidentiary issues can be resolved easily with a

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conference between counsel or with the Court. Motions in limine on abstract evidentiary

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issues or issues more appropriately addressed by the Court on a case-by-case basis (such as

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a motion in limine to exclude all irrelevant evidence) will be looked upon with disfavor.

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The parties shall not file separate motions in limine for every issue presented to the

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Court. Rather, each party may file one consolidated motion in limine which is subdivided

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into separate sections for each issue setting forth the legal authority and analysis. The

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responding party shall file one opposition in response addressing each motion in limine

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issue in a separate section. Counsel are advised that moving and opposition papers must be

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brief, succinct and well-organized.

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The parties, after meeting and conferring, shall file and serve their truly disputed

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motions in limine no later than August 24, 2016. Oppositions in response to such motions

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in limine shall be filed and served no later than August 31, 2016. This Court will neither

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accept nor consider reply papers. This Court will conduct a hearing on the motions in

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limine on September 7, 2016, at 9:30 a.m. in Courtroom 9 (SAB) of this Court, unless this

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Court determines that a hearing is not necessary.

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Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that the
deadlines in the January 28, 2015 amended scheduling order are amended as follows:

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Non-Expert Discovery:

April 22, 2016

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Expert Disclosure:

May 6, 2016

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Supplemental Expert Disclosure:

May 20, 2016

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Expert Discovery:

June 3, 2016

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Non-Dispositive Motion Filing Deadline:

April 22, 2016

Dispositive Motion Filing Deadline:

June 10, 2016

Pre-Trial Conference:

August 19, 2016 at 10:00 a.m. in Courtroom 9

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(SAB)
Motion in Limine:

August 24, 2016

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Opposition to Motions in Limine:

August 31, 2016

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Motion in Limine Hearing:

September 7, 2016 at 9:30 a.m. in Courtroom
9 (SAB)

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Trial shall remain on September 20, 2016 at 8:30 in Courtroom 9 (SAB).

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IT IS SO ORDERED.
Dated:

January 19, 2016
UNITED STATES MAGISTRATE JUDGE

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