Lindholm v. The Home Depot, Inc. et al
ORDER SETTING: Mandatory Telephonic Status Conference set for 6/20/2017 at 9:30 AM before District Judge Donald W Molloy. signed by District Judge Donald W Molloy on 06/08/2017. (Ethridge, D)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
THE HOME DEPOT, INC.; HOME
DEPOT U.S.A., INC; and DOES 1
through 50 inclusive,
DATE: June 20, 2017
TIME: 9:30 a.m. (Pacific)
This case having been reassigned,
IT IS ORDERED:
1. Pursuant to Fed. R. Civ. P. 16, lead trial counsel for the respective parties
shall appear telephonically before United States District Judge Donald W. Molloy
on June 20, 2017, at 9:30 a.m. (Pacific), for the purpose of participating in a
status conference. The conference is intended to update the Court on the status of
the case and clarify the remaining issues. A separate email will be sent to counsel
of record providing the call-in information for the Court’s conference line.
Counsel should prepare to take part in meaningful discussions of the material
2. Each party to the case must be represented at the status conference by at
least one person with authority to enter stipulations. L.R. 240. The Court intends
to implement Rule 1 and Rule 16 of the Federal Rules of Civil Procedure to the
fullest extent possible. Pursuant to Rule 1, the lawyers and the parties are
responsible for securing the “just, speedy, and inexpensive determination” of this
3. If it is impossible for lead trial counsel to attend the status conference at
the above time, application for an extension of time must be made by motion to the
Court no fewer than five (5) days before the conference. The motion must certify
that opposing counsel has been contacted concerning the extension and state
whether opposing counsel objects. Requests to change the conference date will
not be granted absent a demonstrated showing of good cause.
4. On or before June 15, 2017, counsel for the respective parties shall each
file a pretrial statement. See Fed. R. Civ. P. 16(c)(2), 26(a)(1). The statement
shall include a brief factual outline of the case and address the following:
the basis for jurisdiction, primarily in light of Valdez v. Allstate
Insurance Co., 372 F.3d 1115 (9th Cir. 2004);
the factual basis for each claim or defense advanced by the
party—if no such factual basis is provided, claims or defenses
may be stricken from the pleadings;
the legal theory underlying each claim or defense, including,
where necessary to a reasonable understanding of the claim or
defense, citations to authority;
a computation of damages;
the identification of controlling issues of law suitable for
pretrial disposition; and
the status of any settlement discussions and prospects for
compromise of the case.
5. On or before June 15, 2017, Plaintiff shall separately file a Statement of
Stipulated Facts to which all parties agree. The parties shall make a good faith
effort to narrow the factual disputes in the case.
Should counsel or a party appearing pro se fail to appear at the
Mandatory Status Conference, or fail to comply with the directions set forth
above, an ex parte hearing may be held and contempt sanctions, including
monetary sanctions, dismissal, default, or other appropriate judgment, may be
imposed and/or ordered.
DATED this 8th day of June, 2017.
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