Nelson v. Community Action Partnership of Madera County, Inc.

Filing 17

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 7/13/15 ORDERING that the 7/20/15 status (pretrial) scheduling conference hearing is VACATED. All Discovery shall be completed by 9/29/2016. Designation of Expert W itnesses due on or before 6/29/2016, and any contradictory and/or rebuttal expert disclosure due on or before 7/29/2016. The last hearing date for a motion is 11/28/2016, commencing at 9:00 a.m.. The Final Pretrial Conference is SET for 1/23/2017 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. Trial is SET for 4/28/2017 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FANTA NELSON,

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No.

1:14-cv-02064-GEB-SKO

Plaintiff,
v.

STATUS (PRETRIAL SCHEDULING)
ORDER

COMMUNITY ACTION PARTNERSHIP
OF MADERA COUNTY, INC.,
Defendant.

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The status (pretrial scheduling) conference scheduled

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for hearing on July 20, 2015, is vacated since the parties’ Joint

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Status

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following Order should issue.

Report

filed

on

July

6,

2015

(“JSR”)

indicates

the

SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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No further service, joinder of parties or amendments to

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pleadings is permitted, except with leave of Court for good cause

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shown.
DISCOVERY

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All discovery shall be completed by September 29, 2016.

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

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dispute

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

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ordered,

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prescribed “completion” date.

relative

the

to

order

discovery

has

been

shall

complied

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have

with

been

on

or

resolved

before

by

the

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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 on or before June 29, 2016, and any contradictory

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and/or

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26(a)(2)(D)(ii) on or before July 29, 2016.

rebuttal

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expert

disclosure

authorized

under

Rule

MOTION HEARING SCHEDULE

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The last hearing date for a motion is November 28,

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2016, commencing at 9:00 a.m. Any motion shall be briefed as

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prescribed 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 scheduled to commence

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at 2:30 p.m. on January 23, 2017. The parties are cautioned that

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

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attend the final pretrial conference. In addition, all persons

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representing themselves and appearing in propria persona must

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attend the pretrial conference.

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

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

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statement to prepare its final pretrial order and could issue the

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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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

Committee

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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”).

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 April 28, 2017.

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IT IS SO ORDERED.

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Dated:

July 13, 2015

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