United States of America v. Approximately $715.00 in U.S. Currency et al

Filing 27

STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Judge Lawrence K. Karlton on 5/27/14: Discovery due by 6/27/2015. Dispositive Motions filed by 8/27/2015. Final Pretrial Conference set for 11/30/2015 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Jury Trial set for 2/23/2016 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 UNITED STATES OF AMERICA, 12 13 14 15 16 No. CIV 08-2782 LKK/DAD Plaintiff, v. APPROXIMATELY $715.00 IN U.S. CURRENTY, and 33 ASSORTED CASHIER'S CHECKS VALUED AT APPROXIMATELY $66,445.13 IN U.S. CURRENTY, 17 Defendant. 18 STATUS (PRETRIAL SCHEDULING) CONFERENCE 19 20 21 READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES 22 WHICH THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL 23 AND PARTIES MUST COMPLY. 24 THIS ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER 25 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR 26 AN ORDER OF JUDGMENT. 27 28 Pursuant Conference was to court held in A FAILURE TO COMPLY WITH THE TERMS OF order, a chambers 1 Status on May (Pretrial 27, 2014. Scheduling) Kevin C. 1 Khasigian appeared as counsel for plaintiff; James R. Greiner 2 appeared 3 Murdoch. After hearing, the court makes the following findings 4 and orders: as counsel 5 All claimants Rene Wright and Roberta SERVICE OF PROCESS 6 for parties have been served and no further service is 7 permitted except with leave of court, good cause having been 8 shown. 9 JOINDER OF PARTIES/AMENDMENTS 10 No further joinder of parties or amendments to pleadings is 11 permitted except with leave of court, good cause having been 12 shown. 13 (9th Cir. 1992). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 14 JURISDICTION/VENUE 15 Jurisdiction is predicated upon 28 U.S.C. ยงยง 1345 & 1355(a), 16 is undisputed, and is hereby found to be proper, as is venue. 17 MOTION HEARING SCHEDULES 18 All law and motion except as to discovery is left open, save 19 and except that it shall be conducted so as to be completed by 20 August 27, 2015. 21 all law and motion matters must be heard by the above date. 22 Because this date is not necessarily a date previously set aside 23 for law and motion hearings, it is incumbent upon counsel to 24 contact this court's courtroom deputy, Ana Rivas at (916) 930- 25 4133, sufficiently in advance so as to ascertain the dates upon 26 which law and motion will be heard and to properly notice its 27 motion for hearing before that date. 28 refer to Local Rule 230 regarding the requirements for noticing The word "completed" in this context means that 2 Counsel are cautioned to 1 such motions on the court's regularly scheduled law and motion 2 calendar. 3 motions shall be filed not later than 4:30 p.m. fourteen (14) 4 days preceding the hearing date, or by proof of service by mail 5 not less than seventeen (17) days preceding the hearing date. 6 This 7 temporary restraining orders or other emergency applications, and 8 is 9 "MISCELLANEOUS PROVISIONS" paragraph below. 10 Opposition paragraph subject At the does to any time of or not statement preclude special filing of non-opposition motions scheduling a motion, for set to all continuances, forth opposition, or in the reply, 11 counsel are directed to email a copy in word processing format to 12 lkk-pleadings@caed.uscourts.gov. 13 The parties should keep in mind that the purpose of law and 14 motion is to narrow and refine the legal issues raised by the 15 case, and to dispose of by pretrial motion those issues that are 16 susceptible 17 purpose, the parties need to identify and fully research the 18 issues presented by the case, and then examine those issues in 19 light of the evidence gleaned through discovery. 20 to counsel after examining the legal issues and facts that an 21 issue can be resolved by pretrial motion, counsel are to file the 22 appropriate motion by the law and motion cutoff set forth supra. to resolution without trial. To accomplish that If it appears 23 Unless prior permission has been granted, memoranda of law 24 in support of and in opposition to motions are limited to thirty 25 (30) 26 pages. 27 briefs to circumvent this rule. 28 pages, and reply memoranda are limited to fifteen (15) The parties are also cautioned against filing multiple Where the parties bring motions for summary judgment, the 3 1 court 2 undisputed 3 reserved 4 reservation. will deem under and facts Fed. that which R. are Civ. party apparently P. 56(e), tenders undisputed unless evidence as specifically to support the 5 ALL PURELY LEGAL 6 PRETRIAL MOTION AND 7 ORDINARILY 8 COUNSEL ARE CAUTIONED THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE 9 BEEN TENDERED TO THE COURT BY PRETRIAL MOTION MUST BE RESOLVED BY 10 THE COURT AFTER LAW AND MOTION CUTOFF, FOR INSTANCE WHERE THE 11 ISSUE 12 AGAINST COUNSEL WHO FAIL TO TIMELY FILE AN APPROPRIATE MOTION. 13 IS BE ISSUES A VIEWED Counsel are FAILURE AS JURISDICTION, ARE A TO TO MAKE WAIVER AT SUBSTANTIAL further reminded BE RESOLVED SUCH THE TIME SANCTIONS that A BY MOTION OF in WILL PRETRIAL. WILL motions TIMELY BE LEVIED limine are 14 procedural devices 15 evidence. COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH 16 DISFAVOR 17 MOTIONS IN LIMINE UPON designed SUBSTANTIVE to address MOTIONS the PRESENTED admissibility IN THE GUISE of OF AT THE TIME OF TRIAL. 18 DISCOVERY 19 No modifications of the discovery requirements found in the 20 21 Federal Rules is ordered. All discovery is left open, save and except that it shall be 22 so conducted as to be completed by June 27, 2015. 23 "completed" means that all discovery shall have been conducted so 24 that all depositions have been taken and any disputes relative to 25 discovery 26 necessary and, where discovery has been ordered, the order has 27 been complied with. 28 on the magistrate judge's calendar in accordance with the local shall have been resolved by appropriate The word order if Motions to compel discovery must be noticed 4 1 rules of this court and so that such motions will be heard not 2 later than May 27, 2015. 3 designate in writing and file with the court and serve upon all 4 other parties a final list of the names of all experts that they 5 propose to tender at trial not later than sixty (60) days before 6 the 7 experts shall submit written reports which counsel shall exchange 8 at the time of designation. 9 comply close of with discovery Fed. R. In this regard, all counsel are to herein Civ. established. All designated The contents of the report must P. 26 (a)(2)(B). All experts so 10 designated are to be fully prepared to render an informed opinion 11 at the time of designation so that they may fully participate in 12 any deposition taken by the opposing party. 13 permitted to testify at the trial as to any information gathered 14 or 15 subsequent to designation. 16 evaluated, or opinion formed, Experts will not be after deposition taken An expert witness not appearing on said lists will not be 17 permitted 18 demonstrates: 19 have 20 exchanged; 21 notified upon discovery of the witness; and (c) that the witness 22 was promptly proffered for deposition. been to testify the party offering the witness (a) that the necessity of the witness could not reasonably (b) unless the anticipated court and at the opposing time counsel the lists were were promptly 23 MID-LITIGATION STATEMENTS 24 Not later than fourteen (14) days prior to the close of 25 discovery, all parties shall file with the court and serve on all 26 other parties a brief statement summarizing all law and motion 27 practice heard by the court as of the date of the filing of the 28 statement, whether the court has disposed of the motion at the 5 1 time the statement is filed and served, and the likelihood that 2 any further motions will be noticed prior to the close of law and 3 motion. 4 parties 5 appropriate motions as set forth above. The filing of this statement shall not relieve the or counsel of their obligation to timely notice all 6 FINAL PRETRIAL CONFERENCE 7 The Final Pretrial Conference is SET for November 30, 2015, 8 at 1:30 p.m. 9 Pretrial will in fact try the matter. Counsel are cautioned that counsel appearing for 10 Counsel for all parties are to be fully prepared for trial 11 at the time of the Pretrial Conference, with no matters remaining 12 to 13 testimony. 14 relating 15 Statements. In addition to those subjects listed in Local Rule 16 281(b), the parties 17 concise statement 18 tendered to the court, and its resolution. 19 WITH LOCAL RULES 280 AND 281 WILL BE GROUNDS FOR SANCTIONS. be accomplished except production of witnesses for oral Counsel are referred to Local Rules 280 and 281 to the contents are which to of and provide identifies time the every for court filing with Pretrial a plain, non-discovery motion A FAILURE TO COMPLY 20 The parties shall file Separate Pretrial Statements, the 21 contents and timing of which are set forth in Local Rule 281, 22 except that the parties are to prepare a JOINT STATEMENT with 23 respect to the undisputed facts and disputed factual issues of 24 the case. 25 are reminded to include in their joint statement all disputed and 26 undisputed special factual information as required by Local Rule 27 281(b)(6). 28 Joint Statement of Undisputed Facts and Disputed Factual Issues See Local Rule 281(b)(3), (4), and (6). The parties Notwithstanding the provisions of Local Rule 281, the 6 1 is to be filed with the court concurrently with the filing of 2 plaintiff's Pretrial Statement. 3 The undisputed facts and disputed factual issues are to be 4 set forth in two separate sections. 5 should identify first the general facts relevant to all causes of 6 action. 7 then identify those facts which are relevant to each separate 8 cause of action. 9 individual fact or factual issue. In each section, the parties After identifying the general facts, the parties should In this regard, the parties are to number each Where the parties are unable 10 to agree as to what factual issues are properly before the court 11 for 12 "DISPUTED 13 parties and explain by parenthetical the controversy concerning 14 each issue. 15 include the following introductory language: 16 . ." 17 should relate or correspond to an element of the relevant cause 18 of action. 19 will be read to the jury. 20 trial, they FACTUAL should nevertheless ISSUES" all issues list in asserted the by section any of on the Each individual disputed fact or factual issue shall "Whether or not . . The parties should keep in mind that, in general, each fact If the case is tried to a jury, the undisputed facts Pursuant to Local Rule 281(b)(10) and (11), the parties are 21 required 22 witnesses and exhibits that they propose to proffer at trial, no 23 matter for what purpose. 24 the Pretrial Statement itself, but shall be attached as separate 25 documents to be used as addenda to the Final Pretrial Order. 26 Plaintiff's 27 exhibits shall be listed alphabetically. 28 alphabet is exhausted, defendant's exhibits shall be marked "2A- to provide exhibits in their Pretrial Statements a list of These lists shall not be contained in shall be listed 7 numerically; defendant's In the event that the 1 2Z, 3A-3Z, etc." 2 standard for the proffering of witnesses and exhibits at trial 3 not listed in the Pretrial Order. 4 standard 5 listing of exhibits or witnesses which counsel do not intend to 6 call or use will be viewed as an abuse of the court's processes. will The Pretrial Order will contain a stringent be strictly Counsel are cautioned that the applied. On the other hand, the 7 Pursuant to Local Rule 281(b)(12), a party is required to 8 provide a list of all answers to interrogatories and responses to 9 requests for admission that the party expects to offer at trial. 10 This list should include only those documents or portions thereof 11 which the party expects to offer in its case-in-chief. 12 otherwise barred by a rule of evidence or order of this court, 13 the parties remain free to tender appropriate discovery documents 14 during 15 impeachment or memory refreshment. 16 trial Pursuant for to such Local purposes Rule as, but not the parties' 281(b)(8), Unless limited to, Pretrial 17 Statements 18 Each party shall commence this section by specifying as to each 19 claim whether federal or state law governs, and if state law, the 20 state whose law is applicable. shall contain a "statement of legal theory, etc." 21 Counsel are also reminded that, pursuant to Fed. R. Civ. P. 22 16, it will be their duty at the Pretrial Conference to aid the 23 court in (a) formulation and simplification of issues and the 24 elimination 25 facts which should be properly admitted; and (c) the avoidance of 26 unnecessary proof and cumulative evidence. 27 their Pretrial Statements, and participate in good faith at the 28 Pretrial Conference, with these aims in mind. of frivolous claims 8 or defenses; (b) settling of Counsel must prepare A FAILURE TO DO SO 1 MAY 2 monetary 3 claims or defenses, or such other sanctions as the court deems 4 appropriate. RESULT IN THE IMPOSITION sanctions, orders of SANCTIONS precluding which proof, may include eliminations 5 TRIAL SETTING 6 Trial is SET for February 23, 2016, at 10:30 a.m. of 7 will be by jury. 8 Trial trial will take approximately three (3) days. 9 SETTLEMENT CONFERENCE 10 11 The parties represent in good faith that the A Settlement Conference will be set before a judge other than the trial judge at the time of the Pretrial Conference. 12 Counsel are cautioned to have a principal capable of 13 disposition present at the Settlement Conference or to be fully 14 authorized 15 Settlement Conference. 16 to settle the matter on any terms and at the MISCELLANEOUS PROVISIONS 17 The parties are reminded that pursuant to Fed. R. Civ. P. 18 16(b), 19 modified except by leave of court upon a showing of good cause. 20 Counsel are cautioned that changes to any of the scheduled dates 21 will necessarily result in changes to all other dates. 22 even where good cause has been shown, the court will not grant a 23 request to change the discovery cutoff date without modifying the 24 pretrial and trial dates. 25 the Status (pretrial scheduling) Order shall not be Thus, Agreement by the parties pursuant to stipulation does not 26 constitute good cause. Nor does the unavailability of witnesses 27 or extraordinary 28 good cause. counsel, except in 9 circumstances, constitute 1 The parties are reminded of their continuing obligation to 2 supplement their statements relative to the identification of 3 parent corporations and any publicly held company that owns 10% 4 or more of the party's stock within a reasonable time of any 5 change in the information. 6 The parties are admonished that they are not to cite or 7 refer to any of the quotations inscribed in the pavers on the 8 front plaza of the United States Courthouse in any written or 9 oral presentation to the court or a jury. 10 There appear to be no other matters presently pending before 11 the court that will aid the just and expeditious disposition of 12 this matter. 13 IT IS SO ORDERED. 14 DATED: May 27, 2014. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10

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