Morales v. Northern Village Associates, LP et al
Filing
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SCHEDULING ORDER (Fed.R.Civ.P 16), signed by Magistrate Judge Stanley A. Boone on 8/8/2013. (Initial Disclosures: 9/6/2013, Non-Expert Discovery: 4/9/2014, Expert Disclosure: 3/12/2014, Supplemental Expert Disclosure: 4/9/2014, Expert Discovery: 4/23/2014, Non-Dispositive Motion Filing ddl: 4/9/2014, Dispositive Motion Filing ddl: 6/6/2014, Pretrial Conference set for 9/10/2014, at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill., and Jury Trial (5 Days) set for 10/21/2014 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill.) (Gaumnitz, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Case No. 1: 13-cv-00643-LJO-SAB
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SCHEDULING ORDER (Fed.R.Civ.P 16)
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JOHN MORALES,
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Plaintiff,
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v.
NORTHERN VILLAGE
ASSOCIATES, LP et al.,
Defendants.
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Discovery Deadlines:
Initial Disclosures: 9/6/2013
Non-Expert Discovery: 4/9/2014
Expert Disclosure: 3/12/2014
Supplemental Expert Disclosure: 4/9/2014
Expert Discovery: 4/23/2014
Non-Dispositive Motion Deadlines:
Filing: 4/9/2014
Hearing: Pursuant to Local Rules
Dispositive Motion Deadlines:
Filing: 6/6/2014
Hearing: Pursuant to Local Rules
Pre-Trial Conference:
9/10/2014 at 8:15 a.m.
Courtroom 4
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Trial: 10/21/2014 at 8:30 a.m.
Courtroom 4
4 Days
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I.
Date of Scheduling Conference
The Scheduling Conference was held on August 6, 2013.
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II.
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Tanya Moore appeared telephonically on behalf of Plaintiff.
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Kathleen Hartman appeared telephonically on behalf of Defendant.
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III.
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Pursuant to 28 U.S.C. § 636(c), to the parties who have not consented to conduct all
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further proceedings in this case, including trial,1 before United States Magistrate Judge Stanley A.
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Boone, you should be informed that because of the pressing workload of United States district
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judges and the priority of criminal cases under the United States Constitution, you are strongly
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encouraged to consent to magistrate judge jurisdiction in an effort to have your case adjudicated
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Appearances of Counsel
Consent to Magistrate Judge
in a timely and cost effective manner.
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Presently, when a civil trial is set before Judge O’Neill, any criminal trial set which
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conflicts with the civil trial will take priority, even if the civil trial was set first. Continuances of
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civil trials under these circumstances will no longer be entertained, absent a specific and stated
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finding of good cause, but the civil trial will instead trail from day to day or week to week until
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the completion of either the criminal case or the older civil case.
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IV.
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The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P.
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Initial Disclosure under Fed. R. Civ. P. 26(a)(1)
26(a)(1) on or before September 6, 2013.
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V.
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Any motions or stipulations requesting leave to amend the pleadings must be filed by no
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later than October 31, 2013. The parties are advised that filing motions and/or stipulations
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requesting leave to amend the pleadings does not reflect on the propriety of the amendment or
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imply good cause to modify the existing schedule, if necessary. All proposed amendments must
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(A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any
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modification to the existing schedule, see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,
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609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P. 15(a), that such an amendment is not
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Amendments to Pleading
Except those proceedings delegated to the United States magistrate judges by 28 U.S.C. § 636(b) and the district
judges by the Local Rules for the Eastern District of California.
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(1) prejudicial to the opposing party, (2) the product of undue delay, (3) proposed in bad faith, or
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(4) futile, see Foman v. Davis, 371 U.S. 178, 182 (1962).
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VI.
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The parties are ordered to complete all non-expert discovery on or before April 9, 2014,
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Discovery Plan and Cut-Off Dates
and all expert discovery on or before April 23, 2014.
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The parties are directed to disclose all expert witnesses, in writing, on or before March 12,
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2014, and to disclose all supplemental experts on or before April 9, 2014.
The written
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designation of retained and non-retained experts shall be made pursuant to Fed. R. Civ. P.
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26(a)(2), (A), (B) and (C) and shall include all information required thereunder. Failure to
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designate experts in compliance with this order may result in the Court excluding the testimony or
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other evidence offered through the experts that are not properly disclosed in compliance with this
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order.
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The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to
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experts and their opinions. Experts must be fully prepared to be examined on all subjects and
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opinions included in the designation. Failure to comply will result in the imposition of sanctions,
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which may include striking the expert designation and the exclusion of their testimony.
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The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement
disclosures and responses to discovery requests will be strictly enforced.
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The parties are cautioned that the discovery/expert cut-off deadlines are the dates by
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which all discovery must be completed. Absent good cause, discovery motions will not be heard
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after the discovery deadlines. Moreover, absent good cause, the Court will only grant relief on a
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discovery motion if the relief requested requires the parties to act before the expiration of the
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relevant discovery deadline. In other words, discovery requests and deposition notices must be
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served sufficiently in advance of the discovery deadlines to permit time for a response, time to
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meet and confer, time to prepare, file and hear a motion to compel and time to obtain relief on a
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motion to compel. Counsel are expected to take these contingencies into account when proposing
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discovery deadlines. Compliance with these discovery cutoffs requires motions to compel be
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filed and heard sufficiently in advance of the discovery cutoff so that the Court may grant
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effective relief within the allotted discovery time. A parties' failure to have a discovery dispute
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heard sufficiently in advance of the discovery cutoff may result in denial of the motion as
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untimely.
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VII.
Pre-Trial Motion Schedule
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Unless prior leave of Court is obtained at least seven (7) days before the filing date, all
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moving and opposition briefs or legal memorandum in civil cases shall not exceed twenty-five
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(25) pages. Reply briefs filed by moving parties shall not exceed ten (10) pages. Before
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scheduling any motion, the parties must comply with all requirements set forth in Local Rule 230
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and 251.
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A.
Non-Dispositive Pre-Trial Motions
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As noted, all non-expert discovery, including motions to compel, shall be completed no
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later than April 9, 2014. All expert discovery, including motions to compel, shall be completed
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no later than April 23, 2014. Compliance with these discovery cutoffs requires motions to
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compel be filed and heard sufficiently in advance of the discovery cutoff so that the Court may
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grant effective relief within the allotted discovery time. A parties' failure to have a discovery
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dispute heard sufficiently in advance of the discovery cutoff may result in denial of the motion as
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untimely. Non-dispositive motions are heard on Wednesdays at 9:30 a.m., before United States
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Magistrate Judge Stanley A. Boone in Courtroom 9.
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In scheduling any non-dispositive motion, the Magistrate Judge may grant Applications
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for an Order Shortening Time pursuant to Local Rule 144(e). However, if counsel does not
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obtain an Order Shortening Time, the Notice of Motion must comply with Local Rule 251.
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Counsel may appear and argue non-dispositive motions by telephone, providing a written
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request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than three (3)
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court days before the noticed hearing date. In the event that more than one attorney requests to
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appear by telephone then it shall be the obligation of the moving party(ies) to arrange and
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originate a conference call to the court.
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Discovery Disputes: If a motion is brought under Fed.R.Civ.P. 37, the parties must
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prepare and file a Joint Statement re Discovery Disagreement (“Joint Statement”) as required by
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Local Rule 251. The Joint Statement must be filed seven (7) calendar days before the scheduled
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hearing date. Courtesy copies of all motion-related documents, declarations, and exhibits must be
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delivered to the Clerk’s Office by 10:00 a.m. on the fourth court day prior to the scheduled
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hearing date. Motions will be removed from the court’s hearing calendar if the Joint Statement is
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not timely filed or if courtesy copies are not timely delivered. In order to satisfy the meet and
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confer requirement set forth in Local Rule 251(b), the parties must confer and talk to each other
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in person, over the telephone or via video conferencing before the hearing about the discovery
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dispute. The Court may issue sanctions against the moving party or the opposing party if either
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party fails to meet and confer in good faith.
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B.
Dispositive Pre-Trial Motions
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All dispositive pre-trial motions shall be filed no later than June 6, 2014, and heard
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pursuant to the Local Rules in Courtroom 4 before United States District Judge Lawrence J.
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O’Neill. In scheduling such motions, counsel shall comply with Fed.R.Civ.P 56 and Local
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Rules 230 and 260.
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Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for
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summary judgment or motion for summary adjudication, the parties are ORDERED to meet, in
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person or by telephone, and confer to discuss the issues to be raised in the motion.
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The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment
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where a question of fact exists; 2) determine whether the respondent agrees that the motion has
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merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of
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briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement
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before the parties incur the expense of briefing a summary judgment motion; and 6) to arrive at a
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Joint Statement of Undisputed Facts.
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The moving party shall initiate the meeting and provide a draft of the Joint Statement of
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Undisputed Facts. In addition to the requirements of Local Rule 260, the moving party shall
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file a Joint Statement of Undisputed Facts.
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In the Notice of Motion, the moving party shall certify that the parties have met and
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conferred as ordered above or set forth a statement of good cause for the failure to meet and
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confer.
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VIII. Pre-Trial Conference Date
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The Pre-Trial conference is set for September 10, 2014, at 8:15 a.m. in Courtroom 4
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before United States District Judge Lawrence J. O’Neill.
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The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule
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281(a)(2). The parties are further directed to submit a digital copy of their Pretrial Statement in
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Word
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ljoorders@caed.uscourts.gov.
format,
directly
to
Judge
Lawrence
J.
O’Neill’s
chambers
by
email
at
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Counsels’ attention is directed to Rules 281 and 282 of the Local Rules for the Eastern
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District of California, as to the obligations of counsel in preparing for the pre-trial conference.
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The Court will insist upon strict compliance with those rules. In addition to the matters set forth
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in the Local Rules, the Joint Pretrial Statement shall include a Joint Statement of the Case to be
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used by the Court to explain the nature of the case to the jury during voir dire.
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IX.
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Trial is set for October 21, 2014, at 8:30 a.m. in Courtroom 4 before United States
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Trial Date
District Judge Lawrence J. O’Neill.
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A.
This is a jury trial.
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B.
Counsels’ Estimate of Trial Time: 4 days.
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C.
Counsels’ attention is directed to Local Rule 285 for the Eastern District of
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California.
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X.
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Should the parties desire a settlement conference, they will jointly request one of the
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court, and one will be arranged. In making such request, the parties are directed to notify the
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court as to whether or not they desire the undersigned to conduct the settlement conference or to
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arrange for one before another judicial officer.
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XI.
Settlement Conference
Request for Bifurcation, Appointment of Special Master, or other Techniques
to Shorten Trial
Not applicable at this time.
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XII.
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There are no pending related matters.
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XIII. Compliance with Federal Procedure
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All counsel are expected to familiarize themselves with the Federal Rules of Civil
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Procedure and the Local Rules of the Eastern District of California, and to keep abreast of any
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amendments thereto.
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efficiently handle its increasing case load and sanctions will be imposed for failure to follow the
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Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules for the
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Eastern District of California.
Related Matters Pending
The Court must insist upon compliance with these Rules if it is to
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Additional requirements and more detailed procedures for courtroom practice before
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United States Magistrate Judge Stanley A. Boone can be found at the United States District Court
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for the Eastern District of California’s website (www.caed.uscourts.gov) under “Judges.” In
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Judge Boone’s section, in the area entitled “Case Management Procedures,” click the link for
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“Standard Information,” which will direct you to a PDF document describing the practice
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requirements specific to Judge Boone’s courtroom.
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XIV. Effect of this Order
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The foregoing order represents the best estimate of the court and counsel as to the agenda
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most suitable to dispose of this case. The trial date reserved is specifically reserved for this case.
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If the parties determine at any time that the schedule outlined in this order cannot be met, counsel
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are ordered to notify the court immediately of that fact so that adjustments may be made, either
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by stipulation or by subsequent status conference.
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Stipulations extending the deadlines contained herein will not be considered unless
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they are accompanied by affidavits or declarations, and where appropriate attached
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exhibits, which establish good cause for granting the relief requested. The parties are
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advised that due to the impacted nature of civil cases on the district judges in the Eastern
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District of California, Fresno Division, that stipulations to continue set dates are disfavored
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and will not be granted absent good cause.
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Lastly, should counsel or a party appearing pro se fail to comply with the directions
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as set forth above, an ex parte hearing may be held and contempt sanctions, including
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monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed
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and/or ordered.
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IT IS SO ORDERED.
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Dated:
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August 8, 2013
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UNITED STATES MAGISTRATE JUDGE
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