Funk v. Town of Paradise et al

Filing 142

SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr. on 3/13/2015 ORDERING motion for summary judgment due 4/23/2015; opposition to motion due 5/14/2015; reply to motion due 5/28/2015; hearing on motion shall be 6/11/2015 at 2:00 p.m. in courtroom 7. (Zignago, K.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

HAROLD ANTHONY FUNK,

12

No. 2:09-cv-01000 MCE-CKD

Plaintiff,

13

v.

SCHEDULING ORDER

14

TOWN OF PARADISE, et al.,

15

Defendants.

16
17

After reviewing the parties’ Status Reports, the Court orders the parties to file

18

summary judgment motions in accordance with the schedule below. Any additional

19

dates and deadlines, including dates for the Phase Two Final Pretrial Conference and

20

Trial, will be set, if necessary, by a Supplemental Scheduling Order following the Court’s

21

ruling on summary judgment.

22
Motion for Summary
Judgment due

26

May 28, 2015

Hearing on Motion

25

May 14, 2015

Reply to Motion due

24

April 23, 2015

Opposition to Motion due

23

June 11, 2015, 2:00 p.m.,
Courtroom 7

27
28

///
1

1

All purely legal issues are to be resolved by timely pretrial motions. When

2

appropriate, failure to comply with Local Rules 230 and 260, as modified by this Order,

3

may be deemed consent to the motion and the Court may dispose of the motion

4

summarily. With respect to motions for summary judgment, failure to comply with Local

5

Rules 230 and 260, as modified by this Order, may result in dismissal for failure to

6

prosecute (or failure to defend) pursuant to this Court's inherent authority to control its

7

docket and/or Federal Rule of Civil Procedure 41(b). Further, failure to timely oppose a

8

summary judgment motion1 may result in the granting of that motion if the movant shifts

9

the burden to the nonmovant to demonstrate that a genuine issue of material fact

10

remains for trial.

11

The Court places a page limit for points and authorities (exclusive of exhibits and

12

other supporting documentation) of twenty (20) pages on all initial moving papers, twenty

13

(20) pages on oppositions, and ten (10) pages for replies. All requests for page limit

14

increases must be made in writing to the Court setting forth any and all reasons for any

15

increase in page limit at least seven (7) days prior to the filing of the motion.

16
17

For the Court’s convenience, citations to the Supreme Court Lexis database
should include parallel citations to the Westlaw database.

18

The parties are reminded that a motion in limine is a pretrial procedural device

19

designed to address the admissibility of evidence. The Court will look with disfavor upon

20

dispositional motions presented at the Final Pretrial Conference or at trial in the guise of

21

motions in limine.

22

///

23

///

24

///

25

///

26

///

27
28

1

The Court urges any party that contemplates bringing a motion for summary judgment or who
must oppose a motion for summary judgment to review Local Rule 260.

2

1

The parties are cautioned that failure to raise a dispositive legal issue that could

2

have been tendered to the court by proper pretrial motion prior to the dispositive motion

3

cut-off date may constitute waiver of such issue.

4
5

IT IS SO ORDERED.
Dated: March 13, 2015

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3