Johnson v. World Of Good Tastes, Inc. et al

Filing 16

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge Lawrence K. Karlton on 2/6/09 ORDERING that Service upon Wentz Investment Group shall be accomplished within sixty (60) days from the effective date of this order, or the complaint will be dis missed as to the then unserved defendant(s) unless the court specifically orders otherwise. Discovery ddl 3/2/2010; Dispositive Motion Hearing ddl 5/2/2010. Final Pretrial Conference set for 8/9/2010 at 02:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Trial set for 11/9/2010 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Case Referred to VDRP. (Duong, D) Modified on 2/10/2009 (Duong, D).

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 SCOTT N. JOHNSON, NO. CIV. S-08-2437 LKK EFB 11 Plaintiff, 12 v. 13 WORLD OF GOOD TASTES, INC., 14 Individually and d/b/a/ LA BOU; WENTZ INVESTMENT 15 GROUP, LLC, a California Limited Liability Company, 16 Defendants. 17 / 18 STATUS (PRETRIAL SCHEDULING) CONFERENCE 19 READ THIS ORDER CAREFULLY. 20 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND 21 PARTIES MUST COMPLY. 22 ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER 23 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN 24 ORDER OF JUDGMENT. 25 Pursuant 26 1 to court order, a Status (Pretrial Scheduling) A FAILURE TO COMPLY WITH THE TERMS OF THIS IT CONTAINS IMPORTANT DATES WHICH

1 Conference was held in chambers on February 2, 2009.

Scott N.

2 Johnson appeared as counsel for plaintiff; Laura Fowler appeared as 3 counsel for defendants. After hearing, the court makes the

4 following findings and orders: 5 6 SERVICE OF PROCESS Service upon Wentz Investment Group shall be accomplished

7 within sixty (60) days from the effective date of this order, or 8 the complaint will be dismissed as to the then unserved

9 defendant(s) unless the court specifically orders otherwise. 10 11 JOINDER OF PARTIES/AMENDMENTS No further joinder of parties or amendments to pleadings is

12 permitted except with leave of court, good cause having been shown. 13 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 14 1992). 15 16 JURISDICTION/VENUE Jurisdiction is predicated upon §§ 1331, 1367 is undisputed

17 and is hereby found to be proper, as is venue. 18 19 MOTION HEARING SCHEDULES All law and motion except as to discovery is left open, save

20 and except that it shall be conducted so as to be completed by May 21 2, 2010. The word "completed" in this context means that all law Because this

22 and motion matters must be heard by the above date.

23 date is not necessarily a date previously set aside for law and 24 motion hearings, it is incumbent upon counsel to contact this 25 court's courtroom deputy, Ana Rivas at [phone], sufficiently 26 in advance so as to ascertain the dates upon which law and motion 2

1 will be heard and to properly notice its motion for hearing before 2 that date. Counsel are cautioned to refer to Local Rule 78-230

3 regarding the requirements for noticing such motions on the court's 4 regularly scheduled law and motion calendar. Opposition or

5 statement of non-opposition to all motions shall be filed not later 6 than 4:30 p.m. fourteen (14) days preceding the hearing date, or by 7 proof of service by mail not less than seventeen (17) days

8 preceding the hearing date.

This paragraph does not preclude

9 motions for continuances, temporary restraining orders or other 10 emergency applications, and is subject to any special scheduling 11 set forth in the "MISCELLANEOUS PROVISIONS" paragraph below. 12 At the time of filing a motion, opposition, or reply, counsel lkk-

13 are directed to email a copy in word processing format to 14 [e-mail]. 15

The parties should keep in mind that the purpose of law and

16 motion is to narrow and refine the legal issues raised by the case, 17 and to dispose of by pretrial motion those issues that are

18 susceptible to resolution without trial.

To accomplish that

19 purpose, the parties need to identify and fully research the issues 20 presented by the case, and then examine those issues in light of 21 the evidence gleaned through discovery. If it appears to counsel

22 after examining the legal issues and facts that an issue can be 23 resolved by pretrial motion, counsel are to file the appropriate 24 motion by the law and motion cutoff set forth supra. 25 Unless prior permission has been granted, memoranda of law in

26 support of and in opposition to motions are limited to thirty (30) 3

1 pages, and reply memoranda are limited to fifteen (15) pages.

The

2 parties are also cautioned against filing multiple briefs to 3 circumvent this rule. 4 Where the parties bring motions for summary judgment, the

5 court will deem facts which are apparently undisputed as undisputed 6 under Fed. R. Civ. P. 56(d), unless specifically reserved and that 7 party tenders evidence to support the reservation. 8 ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL

9 MOTION AND A FAILURE TO MAKE SUCH A MOTION WILL ORDINARILY BE 10 VIEWED AS A WAIVER AT THE TIME OF PRETRIAL. COUNSEL ARE CAUTIONED

11 THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE BEEN TENDERED TO THE COURT 12 BY PRETRIAL MOTION MUST BE RESOLVED BY THE COURT AFTER LAW AND 13 MOTION CUTOFF, FOR INSTANCE WHERE THE ISSUE IS JURISDICTION, 14 SUBSTANTIAL SANCTIONS WILL BE LEVIED AGAINST COUNSEL WHO FAIL TO 15 TIMELY FILE AN APPROPRIATE MOTION. 16 Counsel are further reminded that motions in limine are devices designed to address the admissibility of

17 procedural 18 evidence.

COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH

19 DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE GUISE OF MOTIONS 20 IN LIMINE 21 22 AT THE TIME OF TRIAL.

DISCOVERY No modifications of the discovery requirements found in the

23 Federal Rules is ordered. 24 All discovery is left open, save and except that it shall be The word

25 so conducted as to be completed by March 2, 2010.

26 "completed" means that all discovery shall have been conducted so 4

1 that all depositions have been taken and any disputes relative to 2 discovery shall have been resolved by appropriate order if

3 necessary and, where discovery has been ordered, the order has been 4 complied with. Motions to compel discovery must be noticed on the

5 magistrate judge's calendar in accordance with the local rules of 6 this court and so that such motions will be heard not later than 7 February 2, 2010. In this regard, all counsel are to designate in

8 writing and file with the court and serve upon all other parties a 9 final list of the names of all experts that they propose to tender 10 at trial not later than forty-five (45) days before the close of 11 discovery herein established. At the time of designation, all The contents of the report

12 experts shall submit a written report.

13 must comply with Federal Rule of Civil Procedure 26 (A)(2)(b). All 14 experts so designated are to be fully prepared to render an 15 informed opinion at the time of designation so that they may fully 16 participate in any deposition taken by the opposing party. Experts 17 will not be permitted to testify at the trial as to any information 18 gathered or evaluated, or opinion formed, after deposition taken 19 subsequent to designation. 20 An expert witness not appearing on said lists will not be to testify unless the party offering the witness

21 permitted

22 demonstrates: (a) that the necessity of the witness could not have 23 been reasonably anticipated at the time the lists were exchanged; 24 (b) the court and opposing counsel were promptly notified upon 25 discovery of the witness; and (c) that the witness was promptly 26 proffered for deposition. 5

1 2

MID-LITIGATION STATEMENTS Not later than fourteen (14) days prior to the close of

3 discovery, all parties shall file with the court and serve on all 4 other parties a brief statement summarizing all law and motion 5 practice heard by the court as of the date of the filing of the 6 statement, whether the court has disposed of the motion at the time 7 the statement is filed and served, and the likelihood that any 8 further motions will be noticed prior to the close of law and 9 motion. The filing of this statement shall not relieve the parties 10 or counsel of their obligation to timely notice all appropriate 11 motions as set forth above. 12 13 14 2:30 FINAL PRETRIAL CONFERENCE The Final Pretrial Conference is SET for August 9, 2010, at p.m. Counsel are cautioned that counsel appearing for

15 Pretrial will in fact try the matter. 16 Counsel for all parties are to be fully prepared for trial at

17 the time of the Pretrial Conference, with no matters remaining to 18 be accomplished except production of witnesses for oral testimony. 19 Counsel are referred to Local Rules 40-280 and 16-281 relating to 20 the contents of and time for filing Pretrial Statements. In

21 addition to those subjects listed in Local Rule 16-281(b), the 22 parties are to provide the court with a plain, concise statement 23 which identifies every non-discovery motion tendered to the court, 24 and its resolution. A FAILURE TO COMPLY WITH LOCAL RULES 40-280

25 AND 16-281 WILL BE GROUNDS FOR SANCTIONS. 26 The parties shall file Separate Pretrial Statements, the 6

1 contents and timing of which are set forth in Local Rule 16-281, 2 except that the parties are to prepare a JOINT STATEMENT with 3 respect to the undisputed facts and disputed factual issues of the 4 case. See Local Rule 16-281(b)(3), (4), and (6). The parties are

5 reminded to include in their joint statement all disputed and 6 undisputed special factual information as required by Local Rule 7 16-281(b)(6). 8 The undisputed facts and disputed factual issues are to be set In each section, the parties

9 forth in two separate sections.

10 should identify first the general facts relevant to all causes of 11 action. After identifying the general facts, the parties should

12 then identify those facts which are relevant to each separate cause 13 of action. In this regard, the parties are to number each Where the parties are unable to

14 individual fact or factual issue.

15 agree as to what factual issues are properly before the court for 16 trial, they should nevertheless list in the section on "DISPUTED 17 FACTUAL ISSUES" all issues asserted by any of the parties and 18 explain by parenthetical the controversy concerning each issue. 19 Each individual disputed fact or factual issue shall include the 20 following introductory language: "Whether or not . . . ." The

21 parties should keep in mind that, in general, each fact should 22 relate or correspond to an element of the relevant cause of action. 23 Notwithstanding the provisions of Local Rule 16-281, the Joint 24 Statement of Undisputed Facts and Disputed Factual Issues is to be 25 filed with the court concurrently with the filing of plaintiff's 26 Pretrial Statement. If the case is tried to a jury, the undisputed 7

1 facts will be read to the jury. 2 Pursuant to Local Rule 16-281(b)(10) and (11), the parties are to provide in their Pretrial Statements a list of

3 required

4 witnesses and exhibits that they propose to proffer at trial, no 5 matter for what purpose. These lists shall not be contained in the

6 Pretrial Statement itself, but shall be attached as separate 7 documents to be used as addenda to the Final Pretrial Order. 8 Plaintiff's exhibits shall be listed numerically; defendant's

9 exhibits shall be listed alphabetically.

In the event that the

10 alphabet is exhausted, defendant's exhibits shall be marked "2A-2Z, 11 3A-3Z, etc." The Pretrial Order will contain a stringent standard

12 for the proffering of witnesses and exhibits at trial not listed in 13 the Pretrial Order. 14 be strictly applied. Counsel are cautioned that the standard will On the other hand, the listing of exhibits or

15 witnesses which counsel do not intend to call or use will be viewed 16 as an abuse of the court's processes. 17 Pursuant to Local Rule 16-281(b)(12), a party is required to

18 provide a list of all answers to interrogatories and responses to 19 requests for admission that the party expects to offer at trial. 20 This list should include only those documents or portions thereof 21 which the party expects to offer in its case-in-chief. Unless

22 otherwise barred by a rule of evidence or order of this court, the 23 parties remain free to tender appropriate discovery documents 24 during trial for such purposes as, but not limited to, impeachment 25 or memory refreshment. 26 Pursuant to Local Rule 16-281(b)(8), the parties' Pretrial 8

1 Statements shall contain a "statement of legal theory, etc."

Each

2 party shall commence this section by specifying as to each claim 3 whether federal or state law governs, and if state law, the state 4 whose law is applicable. 5 Counsel are also reminded that, pursuant to Fed. R. Civ. P.

6 16, it will be their duty at the Pretrial Conference to aid the 7 court in (a) formulation and simplification of issues and the 8 elimination of frivolous claims or defenses; (b) settling of facts 9 which should be properly admitted; and (c) the avoidance of

10 unnecessary proof and cumulative evidence.

Counsel must prepare

11 their Pretrial Statements, and participate in good faith at the 12 Pretrial Conference, with these aims in mind. 13 MAY RESULT IN THE IMPOSITION of SANCTIONS A FAILURE TO DO SO which may include

14 monetary sanctions, orders precluding proof, eliminations of claims 15 or defenses, or such other sanctions as the court deems

16 appropriate. 17 18 TRIAL SETTING Trial is SET for November 9, 2010, at 10:30 a.m. Trial will

19 be by the court without jury.

The parties represent in good faith

20 that the trial will take approximately three (3) days. 21 22 SETTLEMENT CONFERENCE A Settlement Conference will be set before a judge other than

23 the trial judge at the time of the Pretrial Conference. 24 Counsel are cautioned to have a principal capable of

25 disposition present at the Settlement Conference or to be fully 26 authorized to settle the matter on any terms and at the Settlement 9

1 Conference. 2 3 MISCELLANEOUS PROVISIONS Pursuant to to the the request of the parties, this matter is

4 referred 5 (VDRP). 6

court's

Voluntary

Dispute

Resolution

Program

The parties are reminded that pursuant to Fed. R. Civ. P.

7 16(b), the Status (pretrial scheduling) Order shall not be modified 8 except by leave of court upon a showing of good cause. 9 cautioned that changes to any of the scheduled Counsel are dates will

10 necessarily result in changes to all other dates. Thus, even where 11 good cause has been shown, the court will not grant a request to 12 change the discovery cutoff date without modifying the pretrial and 13 trial dates. 14 Agreement by the parties pursuant to stipulation does not

15 constitute good cause. Nor does the unavailability of witnesses or 16 counsel, except in extraordinary circumstances, constitute good 17 cause. 18 The parties are reminded of their continuing obligation to

19 supplement their statements relative to the identification of 20 parent corporations and any publicly held company that owns 10% or 21 more of the party's stock within a reasonable time of any change in 22 the information. 23 The parties are admonished that they are not to cite or refer

24 to any of the quotations inscribed in the pavers on the front plaza 25 of the United States Courthouse in any written or oral presentation 26 to the court or a jury. 10

1

There appear to be no other matters presently pending before

2 the court that will aid the just and expeditious disposition of 3 this matter. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 11 IT IS SO ORDERED. DATED: February 6, 2009.