Weeks v. Union Pacific Railroad Company

Filing 110

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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TREVOR WEEKS,

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CASE NO. 1:13-CV-1641 AWI JLT
Plaintiff

v.
UNION PACIFIC RAILROAD CO.,

ORDER VACATING PRE-TRIAL
CONFERENCE, STRIKING PRE-TRIAL
STATEMENTS, AND PERMITTING
ADDITIONAL RESPONSE

Defendant
(Doc. Nos. 103, 105, 106)

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Currently under submission is Plaintiff’s motion for reconsideration of an order by the

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Magistrate Judge that denied Plaintiff leave to amend his complaint. Following a hearing on this

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motion, the Court ordered additional briefing. The Court received the additional briefing after the

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close of business on April 20, 2017. The pre-trial conference in this matter is set for April 25,

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2017. Because the Court has now received the supplemental briefing, and an order on the motion

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for reconsideration has not been issued, the Court finds that it is appropriate to vacate the April 25,

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2017 pre-trial conference. Once the Court issues its ruling on the motion for reconsideration, it

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will reset the pre-trial conference date.

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There is an additional reason to vacate the April 25 pre-trial conference. The parties have

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submitted a total of three pre-trial statements. A “joint pre-trial statement” was filed one day late

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on April 19, 2017. See Doc. No. 103. The parties then sent e-mail communications to the

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Courtroom Deputy regarding the accuracy of the “joint pre-trial statement.” Later on April 19,

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Defendant submitted a pre-trial statement and Plaintiff submitted a pre-trial statement. The

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submission of three pre-trial statements by parties who are represented by counsel is unacceptable.

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Parties represented by counsel should have no difficulty submitting a joint pre-trial statement. The

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Court will strike the three submitted pre-trial statements. Once the Court resets a new pre-trial

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conference, the parties will submit a new joint pre-trial statement. The failure to submit a joint

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pre-trial statement will result in the imposition of sanctions upon the parties.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The April 25, 2017 pre-trial conference is VACATED;

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2.

The three pre-trial statements (Doc. Nos. 103, 105, 106) are STRICKEN; and

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3.

If the parties wish to file a response to the April 20, 2017 briefing, they may file a response

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on or by April 25, 2017.

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IT IS SO ORDERED.
Dated: April 21, 2017
SENIOR DISTRICT JUDGE

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