Cheshier v. Eli Lilly and Company

Filing 21

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 02/12/15 ( Discovery due by 5/26/2016., Last hearing date for a motion is set for 7/25/2016 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Final Pret rial Conference set for 9/26/2016 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr., The parties shall file a joint pretrial statement no later than 7 days prior to the final pretrial conference., Jury Trial set for 12/6/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.) (Plummer, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEANNA CHESHIER,

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No.

1:14-cv-01265-GEB-SKO

Plaintiff,
v.

STATUS (PRETRIAL SCHEDULING)
ORDER

ELI LILLY AND COMPANY, an
Indiana corporation,
Defendant.

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The status (pretrial scheduling) conference scheduled
for hearing on February 23, 2015, is vacated since the parties‟
Joint Status Report filed on February 9, 2015 (“JSR”) indicates
the following Order should issue.

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SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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No further service, joinder of parties or amendments to
pleadings is permitted, except with leave of Court for good cause
shown.

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DISCOVERY

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All

discovery

shall

be

completed

by

May

26,

2016.

“Completed” means all discovery shall be conducted so that any
dispute

relative

to

discovery

shall

have

been

resolved

by

appropriate orders, if necessary, and, where discovery has been
ordered,

the

order

has

been

complied

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1

with

on

or

before

the

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prescribed “completion” date.

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Each

party

shall

comply

with

Federal

Rule

of

Civil

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Procedure 26(a)(2)(B) and (C)‟s initial expert witness disclosure

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requirements

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contradictory and/or rebuttal expert disclosure authorized under

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Rule 26(a)(2)(D)(ii) on or before March 25, 2016.

on

or

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before

February

26,

2016,

and

any

MOTION HEARING SCHEDULE

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The last hearing date for a motion is July 25, 2016,

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commencing at 9:00 a.m. Any motion shall be briefed as prescribed

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in Local Rule 230.

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The

parties

are

cautioned

that

an

untimely

motion

characterized as a motion in limine may be summarily denied.

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FINAL PRETRIAL CONFERENCE

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The final pretrial conference is set for September 26,

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2016,

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attorney who WILL TRY THE CASE for each party shall attend the

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final pretrial conference. In addition, all persons representing

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themselves

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pretrial conference.

at

2:30

and

p.m.

The

parties

appearing

in

are

propria

cautioned

persona

that

must

the

attend

lead

the

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The parties shall file a JOINT pretrial statement no

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later than seven (7) calendar days prior to the final pretrial

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conference.

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applicable portions of Local Rule 281(b), and shall set forth

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each theory of liability (“claim”) and affirmative defense which

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remains

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theory/defense is based. Furthermore, each party shall estimate

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the length of trial. The Court uses the parties‟ joint pretrial

to

The

be

joint

tried,

pretrial

and

the

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statement

ultimate

shall

facts

on

address

which

the

each

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statement to prepare its final pretrial order and could issue the

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final pretrial order without holding the scheduled final pretrial

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conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir.

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1999) (“There is no requirement that the court hold a pretrial

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conference.”).

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Final pretrial procedures are “critical for „promoting

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efficiency and conserving judicial resources by identifying the

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real issues prior to trial, thereby saving time and expense for

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everyone.‟” Friedman & Friedman, Ltd. v. Tim McCandless, Inc.,

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606 F.3d 494, 498 (8th Cir. 2010) (quoting Fed. R. Civ. P. 16

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Advisory

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“Toward

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conferences to weed out unmeritorious claims and defenses before

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trial begins.” Smith v. Gulf Oil Co., 995 F.2d 638, 642 (6th Cir.

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1993). The parties are therefore provided notice that a claim or

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affirmative defense may be dismissed sua sponte if it is not

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shown to be triable in the joint final pretrial statement. Cf.

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Portland Retail Druggists Ass‟n v. Kaiser Found. Health Plan, 662

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F.2d 641, 645 (9th Cir. 1981) (indicating that a party shall be

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provided

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sufficient

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proceed

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Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985) (stating “the

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district court has . . . authority to grant summary judgment sua

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sponte in the context of a final pretrial conference”).

Committee
that

end,

notice

to

to

Note
Rule

and

justify
trial);

an

(1983
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Amendment

directs

opportunity

having

a

Portsmouth

claim

to

courts

to
or

Square,

subdivision
to

use

respond

pretrial

with

affirmative
Inc.

v.

(c)).

facts
defense

S‟holders

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If feasible, at the time of filing the joint pretrial

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statement counsel shall also email it in a format compatible with

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WordPerfect to: [e-mail].
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TRIAL SETTING

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Trial shall commence at 9:00 a.m. on December 6, 2016.

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IT IS SO ORDERED.

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Dated:

February 12, 2015

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