Lewis, et al v. Russell, et al

Filing 344

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge William B. Shubb on 4/14/11: Discovery due by 4/29/2011. Dispositive Motions filed by 5/23/2014. Final Pretrial Conference set for 7/21/2014 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Jury Trial set for 9/16/2014 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES H. LEWIS and JANE W.
LEWIS,

NO. CIV. 2:03-2646 WBS GGH

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Plaintiffs,
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v.
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ROBERT D. RUSSELL; IRENE
RUSSELL; BEN J. NEWITT; the
Estate of PHILLIP NEWITT,
Deceased; JUNG HANG SUH; SOO
JUNG SUH; JUNG K. SEO; THE
DAVIS CENTER, LLC; MELVIN R.
STOVER, individually and as
trustee of the Stover Family
Trust; EMILY A. STOVER,
individually and as trustee of
the Stover Family Trust;
STOVER FAMILY TRUST; RICHARD
ALBERT STINCHFIELD,
individually and as successor
trustee of the Robert S.
Stinchfield Separate Property
Revocable Trust, and as
trustee of the Barbara Ellen
Stinchfield Testamentary
Trust; ROBERT S. STINCHFIELD
SEPARATE PROPERTY REVOCABLE
TRUST; THE BARBARA ELLEN
STINCHFIELD TESTAMENTARY
TRUST; WORKROOM SUPPLY, INC.,
a California corporation;
SAFETY-KLEEN CORPORATION,
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California corporation; the
CITY OF DAVIS; JENSEN
MANUFACTURING COMPANY; VIC
MANUFACTURING COMPANY; MARTIN
FRANCHISES INC., aka/dba
MARTINIZING DRY CLEANING,

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Defendants,
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AND RELATED COUNTER-, CROSS-,
AND THIRD-PARTY CLAIMS.
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STATUS (PRETRIAL SCHEDULING) ORDER

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After reviewing the parties’ Joint Status Report, the

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court hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for April 18, 2011.

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I.

SERVICE OF PROCESS

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With the exception of cross-defendant Jensen

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Manufacturing Company--which the parties believe has dissolved

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and filed Chapter 7 Bankruptcy--all named defendants and third-

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party defendants have been served and no further service is

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permitted without leave of court, good cause having been shown

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under Federal Rule of Civil Procedure 16(b).

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II.

JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendments to

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pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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(9th Cir. 1992).

See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon federal question
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jurisdiction, 28 U.S.C. § 1331, because plaintiffs have brought

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claims under the Comprehensive Environmental Response,

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Compensation, and Liability Act (“CERCLA”), 42 U.S.C. §§ 9601-

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9675.

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to plaintiffs’ claims occurred in this district.

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1391(b).

Venue is found to be proper because the events giving rise
28 U.S.C. §

DISCOVERY1

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IV.

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Initial disclosures as required by Federal Rule of

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Civil Procedure 26(a)(1) having been made before the case was

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stayed, the parties shall serve supplemental or amended

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disclosures by no later than April 29, 2011.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than September 13, 2013.

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intended solely for rebuttal, those experts shall be disclosed

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and reports produced in accordance with Federal Rule of Civil

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Procedure 26(a)(2) on or before November 15, 2013.

With regard to expert testimony

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All discovery, including depositions for preservation

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of testimony, is left open, save and except that it shall be so

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conducted as to be completed by March 21, 2014.

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“completed” means that all discovery shall have been conducted so

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that all depositions have been taken and any disputes relevant to

The word

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The court declines the parties’ suggestion to simply
set a further status conference for November due the complexity
of the case (and the fact that despite commencing in 2003, the
case has been stayed for most of its life). Instead, the court
has given the parties. Those dates go through 2014, which gives
the parties more time than should be necessary to get this case
ready for trial. There is no reason to grant defendant Vic
Manufacturing Company’s request to stay discovery until after it
moves for judgment on the pleadings.
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discovery shall have been resolved by appropriate order if

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necessary and, where discovery has been ordered, the order has

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

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rules of this court and so that such motions may be heard (and

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any resulting orders obeyed) not later than March 21, 2014.

All motions to compel discovery must be noticed on

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V.

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All motions, except motions for continuances, temporary

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MOTION HEARING SCHEDULE

restraining orders, or other emergency applications, shall be

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filed on or before May 23, 2014.

All motions shall be noticed

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for the next available hearing date.

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refer to the local rules regarding the requirements for noticing

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and opposing such motions on the court’s regularly scheduled law

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and motion calendar.

Counsel are cautioned to

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for July 21, 2014,

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at 2:00 p.m. in Courtroom No. 5.

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attended by at least one of the attorneys who will conduct the

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trial for each of the parties and by any unrepresented parties.

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The conference shall be

Counsel for all parties are to be fully prepared for

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trial at the time of the Pretrial Conference, with no matters

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remaining to be accomplished except production of witnesses for

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oral testimony.

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and are referred to Local Rules 281 and 282 relating to the

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contents of and time for filing those statements.

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those subjects listed in Local Rule 281(b), the parties are to

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provide the court with: (1) a plain, concise statement which

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identifies every non-discovery motion which has been made to the

Counsel shall file separate pretrial statements,

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In addition to

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court, and its resolution; (2) a list of the remaining claims as

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against each defendant; and (3) the estimated number of trial

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days.

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In providing the plain, concise statements of

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undisputed facts and disputed factual issues contemplated by

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Local Rule 281(b)(3)-(4), the parties shall emphasize the claims

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that remain at issue, and any remaining affirmatively pled

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defenses thereto.

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parties shall also prepare a succinct statement of the case,

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If the case is to be tried to a jury, the

which is appropriate for the court to read to the jury.

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VII.

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The jury trial is set for September 16, 2014, at 9:00

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a.m.

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TRIAL SETTING

The parties estimate that the trial will last sixty court

days.

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VIII. SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the

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Pretrial Conference.

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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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All parties should be prepared to advise

Counsel are instructed to have a principal with full

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settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms.

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seven calendar days before the Settlement Conference counsel for

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.

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judge is not the trial judge, the Settlement Conference

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.
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At least

If the settlement

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IX.

MODIFICATIONS TO SCHEDULING ORDER

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Any requests to modify the dates or terms of this

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Scheduling Order, except requests to change the date of the

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trial, may be heard and decided by the assigned Magistrate Judge.

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All requests to change the trial date shall be heard and decided

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only by the undersigned judge.

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DATED: April 14, 2011

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