Weeks v. Union Pacific Railroad Company
ORDER VACATING Pre-Trial Conference, Striking Pre-Trial Statements, and Permitting Additional Response, signed by District Judge Anthony W. Ishii on 4/21/2017. (Kusamura, W)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
CASE NO. 1:13-CV-1641 AWI JLT
UNION PACIFIC RAILROAD CO.,
ORDER VACATING PRE-TRIAL
CONFERENCE, STRIKING PRE-TRIAL
STATEMENTS, AND PERMITTING
(Doc. Nos. 103, 105, 106)
Currently under submission is Plaintiff’s motion for reconsideration of an order by the
Magistrate Judge that denied Plaintiff leave to amend his complaint. Following a hearing on this
motion, the Court ordered additional briefing. The Court received the additional briefing after the
close of business on April 20, 2017. The pre-trial conference in this matter is set for April 25,
2017. Because the Court has now received the supplemental briefing, and an order on the motion
for reconsideration has not been issued, the Court finds that it is appropriate to vacate the April 25,
2017 pre-trial conference. Once the Court issues its ruling on the motion for reconsideration, it
will reset the pre-trial conference date.
There is an additional reason to vacate the April 25 pre-trial conference. The parties have
submitted a total of three pre-trial statements. A “joint pre-trial statement” was filed one day late
on April 19, 2017. See Doc. No. 103. The parties then sent e-mail communications to the
Courtroom Deputy regarding the accuracy of the “joint pre-trial statement.” Later on April 19,
Defendant submitted a pre-trial statement and Plaintiff submitted a pre-trial statement. The
submission of three pre-trial statements by parties who are represented by counsel is unacceptable.
Parties represented by counsel should have no difficulty submitting a joint pre-trial statement. The
Court will strike the three submitted pre-trial statements. Once the Court resets a new pre-trial
conference, the parties will submit a new joint pre-trial statement. The failure to submit a joint
pre-trial statement will result in the imposition of sanctions upon the parties.
Accordingly, IT IS HEREBY ORDERED that:
The April 25, 2017 pre-trial conference is VACATED;
The three pre-trial statements (Doc. Nos. 103, 105, 106) are STRICKEN; and
If the parties wish to file a response to the April 20, 2017 briefing, they may file a response
on or by April 25, 2017.
IT IS SO ORDERED.
Dated: April 21, 2017
SENIOR DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?