Regan, et al v. Williams Companies, et al

Filing 191

ORDER Setting Scheduling Conference for 6/27/2011 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kirksey Smith, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----OO0OO---11 12 DIRK REGAN, etc., et al. 13 14 15 16 17 18 ) ) ) Plaintiff, ) ) v. ) ) WILLIAMS COMPANIES, INC., etc., ) et al. ) ) Defendants. ) ___________________________________) 2:01-CV-779-WBS-CMK ORDER RE: STATUS (PRETRIAL SCHEDULING) CONFERENCE 19 ----OO0OO---20 This action has been assigned to the undersigned judge. 21 Failure to comply with the requirements enumerated in this Order 22 may result in sanctions. Pursuant to the provisions of Federal 23 Rule of Civil Procedure 16, IT IS ORDERED that: 24 1. A Status (Pretrial Scheduling) Conference is set for 25 June 27, 2011 at 2:00 p.m. before the undersigned judge in 26 Courtroom No. 5. At least twenty-one (21) calendar days before 27 the scheduling conference is held, the parties shall confer and 28 1 attempt to agree upon a discovery plan, as required by Federal 2 Rule of Civil Procedure 26(f). 3 2. Pursuant to Local Rule 16-240, the parties shall submit 4 to the court a JOINT Status Report fourteen (14) calendar days 5 prior to the hearing date, which shall contain: 6 (a) a brief summary of the claims; 7 (b) a statement as to the status of service upon all 8 defendants and cross defendants; 9 10 (c) a statement as to the possible joinder of additional parties; 11 (d) any contemplated amendments to the pleadings; 12 (e) the statutory basis of jurisdiction and venue; 13 (f) a written report outlining the proposed discovery 14 plan required by Federal Rule of Civil Procedure 26(f); 15 16 (g) a proposed cut-off date by which all discovery shall be concluded; 17 18 19 20 (h) a proposed date by which all motions shall be filed and heard; (i) any proposed modifications of standard pretrial proceedings due to the special nature of the action; 21 (j) the estimated length of trial; 22 (k) a statement as to whether the case is related to 23 24 any other case, including any matters in bankruptcy; (l) any other matters discussed in Local Rule 16-240 25 that may add to the just and expeditious disposition of this 26 matter; and 27 28 (m) a statement by any nongovernmental corporate party identifying all of its parent and subsidiary corporations and 2 1 listing any publicly held company that owns 10% or more of the 2 party’s stock. 3 parent or subsidiary corporations or no publicly held companies 4 owning 10% or more of its stock, it shall so state in the Joint 5 Status Report. 6 information, the party shall file and serve a supplemental 7 statement within a reasonable time after such change occurs. 8 Failure to comply with the requirements of this subpart will 9 result in the Joint Status Report being stricken and sanctions 10 being ordered against any nongovernmental corporate party that 11 did not submit its corporate disclosures. 12 If any nongovernmental corporate party has no Thereafter, if there is any change in the The court has an obligation to recuse itself from any 13 case in which the judge might have a “financial interest,” 14 however small. 15 corporate disclosure requirement in subpart (m) of this Order is 16 to assist the court in carrying out this obligation, because 17 corporate parties are in the best position to identify their 18 parent and subsidiary corporations. 19 the court risks retaining a case in which it unknowingly has a 20 financial interest. 21 undersigned judge face public criticism, the public’s confidence 22 in an impartial judiciary would be eroded. 23 court in protecting these and the other interests advanced by § 24 455(b)(4)--especially in the face of a clear and direct request 25 from the court--amounts to sanctionable conduct. 26 28 U.S.C. § 455(b)(4). The purpose of the Without this information, As a consequence, not only would the Failure to assist the The requirement that corporate disclosures be included 27 in the parties’ Joint Status Report does not negate a 28 nongovernmental corporate party’s obligation to file a disclosure 3 1 statement “with its first appearance, pleading, petition, motion, 2 response, or other request addressed to the court” pursuant to 3 Federal Rule of Civil Procedure 7.1. 4 3. Concurrently with the service of process, or as soon 5 thereafter as possible, plaintiff shall serve upon each of the 6 parties named in the complaint, and upon all parties subsequently 7 joined, a copy of this Order, and shall file with the clerk a 8 certificate reflecting such service. 9 4. In the event this action was originally filed in a state 10 court and was thereafter removed to this court, the removing 11 party or parties shall immediately following such removal, serve 12 upon each of the other parties and upon all parties subsequently 13 joined a copy of this Order, and shall file with the clerk a 14 certificate reflecting such service. 15 5. All parties to the action shall appear by counsel (or in 16 person if acting without counsel). 17 APPROPRIATE TIME WILL BE TREATED AS A FAILURE TO APPEAR AND MAY 18 SUBJECT COUNSEL TO SANCTIONS. 19 6. A FAILURE TO APPEAR AT THE In appropriate cases, and after receiving the parties’ 20 Joint Status Report, the court may issue a Status (Pretrial 21 Scheduling) Order without requiring a status conference. 22 the parties have received such an order prior to the status 23 conference, the parties are required to attend the status 24 conference as scheduled. 25 DATED: April 21, 20111 26 WILLIAM B. SHUBB SENIOR UNITED STATES DISTRICT JUDGE 27 28 Unless by: Karen Kirksey Smith Deputy Clerk 4

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