Dagdagan v. City of Vallejo et al

Filing 84

SUPPLEMENTAL STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 8/26/11. The status (pretrial scheduling) conference scheduled for 8/29/11 is VACATED. Discovery is DUE by 2/29/2012. The last hearing date for motions previo usly deemed withdrawn shall be 10/24/11 at 9:00 a.m. The Final Pretrial Conference is SET for 4/9/2012 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. The parties shall file a JOINT pretrial statement no later than seven calendar days prior to the final pretrial conference. Trial is SET for 6/19/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MACARIO BELEN DAGDAGAN,
Plaintiff,

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v.

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CITY OF VALLEJO, VALLEJO OFFICER
JOHN BOYD (ID# 589), VALLEJO
OFFICER J. WENTZ (ID# 524),
VALLEJO OFFICER JAMES MELVILLE,
Defendants.
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2:08-cv-00922-GEB-KJN
SUPPLEMENTAL STATUS (PRETRIAL
SCHEDULING) ORDER

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The status (pretrial scheduling) conference scheduled for

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hearing on August 29, 2011, is vacated since the parties’ Joint Status

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Report filed on August 15, 2011 (“JSR”) indicates the following Order

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should issue.
DISCOVERY

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The discovery referenced in the JSR shall be completed by

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February 29, 2012. In this context, “completed” means that all discovery

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shall have been conducted so that all depositions have been taken and

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any

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

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the order has been complied with or, alternatively, the time allowed for

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such compliance shall have expired.

disputes

relative

to

discovery

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shall

have

been

resolved

by

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MOTION HEARING SCHEDULE

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The last hearing date for motions previously deemed withdrawn
shall be October 24, 2011, commencing at 9:00 a.m.1

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Motions shall be filed in accordance with Local Rule 230(b).

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Opposition papers shall be filed in accordance with Local Rule 230(c).

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Failure to comply with this local rule may be deemed consent to the

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motion and the Court may dispose of the motion summarily. Brydges v.

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Lewis, 18 F.3d 651, 652-53 (9th Cir. 1994). Further, failure to timely

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oppose a summary judgment motion may result in the granting of that

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motion if the movant shifts the burden to the nonmovant to demonstrate

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a genuine issue of material fact remains for trial. Cf. Marshall v.

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Gates, 44 F.3d 722 (9th Cir. 1995).

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The

parties

are

cautioned

that

an

untimely

motion

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characterized as a motion in limine may be summarily denied. A motion in

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limine addresses the admissibility of evidence.

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FINAL PRETRIAL CONFERENCE

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The final pretrial conference is set for April 9, 2012, at

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1:30 p.m. The parties are cautioned that the lead attorney who WILL TRY

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THE CASE for each party shall attend the final pretrial conference. In

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addition, all persons representing themselves and appearing in propria

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persona must attend the pretrial conference.

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The parties are warned that non-trial worthy issues could be

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eliminated sua sponte “[i]f the pretrial conference discloses that no

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material facts are in dispute and that the undisputed facts entitle one

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This time deadline does not apply to motions for continuances,
temporary restraining orders, emergency applications, or motions under
Rule 16(e) of the Federal Rules of Civil Procedure.
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of the parties to judgment as a matter of law.” Portsmouth Square v.

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S’holders Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985).

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The parties shall file a JOINT pretrial statement no later

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than seven (7) calendar days prior to the final pretrial conference. The

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joint pretrial statement shall specify the issues for trial, including

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a description of each theory of liability and affirmative defense, and

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shall estimate the length of the trial.2 The Court uses the parties’

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joint pretrial statement to prepare its final pretrial order and could

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issue the final pretrial order without holding the scheduled final

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

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1999)

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conference.”).

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(“There

If

is

no

possible,

requirement

at

the

that

time

of

the

court

filing

hold

the

a

pretrial

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 June 19, 2012.

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IT IS SO ORDERED.

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Dated:

August 26, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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If a trial by jury has been preserved, the joint pretrial
statement shall also state how much time each party desires for voir
dire, opening statements, and closing arguments.
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