Albee v. Continental Tire North America, et al.

Filing 225

PRETRIAL SCHEDULING ORDER signed by Judge Morrison C. England, Jr on 5/10/11 ORDERING Final Pretrial Conference RE-SET for 11/15/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr..; Jury Trial SET for 1/7/2013 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr..(Carlos, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONALD HAYES ALBEE,

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No. 2:09-cv-01145-MCE-EFB

Plaintiff,
v.

PRETRIAL SCHEDULING ORDER

CONTINENTAL TIRE NORTH
AMERICA, INC., an Ohio
corporation, et al.,
Defendants.
___________________________/

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The Court makes the following Pretrial Scheduling Order.

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I.

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All named Defendants have been served and no further service

SERVICE OF PROCESS

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is permitted without leave of court, good cause having been

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shown.

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II.

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No joinder of parties or amendments to pleadings is

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ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

permitted without leave of court, good cause having been shown.

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon 28 U.S.C. section 1332.

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Jurisdiction and venue are not contested.
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IV.

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Discovery is closed.

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V.

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The expert disclosure deadline has passed.

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VI.

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The dispositive motion deadline has passed.

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VII. FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for November 15, 2012

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DISCOVERY

DISCLOSURE OF EXPERT WITNESSES

MOTION HEARING SCHEDULE

at 2:00 p.m.

At least one of the attorneys who will conduct the

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trial for each of the parties shall attend the Final Pretrial

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Conference.

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circumstance a trial attorney is unable to attend, the attorney

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who attends in place of the trial attorney shall have equal

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familiarity with the case and equal authorization to make

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commitments on behalf of the client.

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If by reason of illness or other unavoidable

Counsel for all parties are to be fully prepared for trial

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

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remaining to be accomplished except production of witnesses for

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oral testimony.
The parties shall file, not later than October 25, 2012, a

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Joint Final Pretrial Conference Statement.

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Local Rules 281 shall apply with respect to the matters to be

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included in the Joint Final Pretrial Conference Statement.

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

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parties are to provide the Court with a plain, concise statement

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that identifies every non-discovery motion tendered to the Court

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and its resolution.

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The provisions of

In

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Failure to comply with Local Rule 281, as modified by this

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Pretrial Scheduling Order, may be grounds for sanctions.

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At the time of filing the Joint Final Pretrial Conference

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Statement, counsel shall also electronically mail to the Court in

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digital format compatible with Microsoft Word or WordPerfect, the

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Joint Final Pretrial Conference Statement in its entirety

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including the witness and exhibit lists.

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be sent to: [e-mail].

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These documents shall

The parties should identify first the core undisputed facts

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relevant to all claims.

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manner, identify those undisputed core facts that are relevant to

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each claim.

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manner.

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disputed facts are properly before the Court for trial, they

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should nevertheless list all disputed facts asserted by each

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party.

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separately numbered or lettered.

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The parties should then, in a concise

The disputed facts should be identified in the same

Where the parties are unable to agree as to what

Each disputed fact or undisputed fact should be

Each party shall identify and concisely list each disputed

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evidentiary issue which will be the subject of a motion in

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limine.

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Each party shall identify the points of law which concisely

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describe the legal issues of the trial which will be discussed in

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the parties’ respective trial briefs.

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reflect issues derived from the core undisputed and disputed

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facts.

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any point of law.

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Points of law should

Parties shall not include argument or authorities with

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The parties shall prepare a joint statement of the case in

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plain concise language which will be read to the jury at the

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beginning of the trial.

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inform the jury what the case is about.

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The purpose of the joint statement is to

The parties are reminded that pursuant to Local Rule 281

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they are required to list in the Joint Final Pretrial Conference

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Statement all witnesses and exhibits they propose to offer at

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trial.

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a brief statement of the nature of the testimony to be proffered.

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The parties may file a joint list or each party may file separate

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lists.

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Joint Final Pretrial Conference Statement itself, but shall be

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attached as separate documents to be used as addenda to the Final

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Pretrial Order.

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After the name of each witness, each party shall provide

These list(s) shall not be contained in the body of the

Plaintiff’s exhibits shall be listed numerically.

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Defendants’ exhibits shall be listed alphabetically.

The parties

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shall use the standard exhibit stickers provided by the Court

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Clerk’s Office: pink for plaintiff and blue for defendant.

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the event that the alphabet is exhausted, the exhibits shall be

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marked “AA-ZZ” and “AAA-ZZZ” etc.

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number of letters in parenthesis (i.e., “AAAA(4)”) to reduce

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confusion at trial.

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otherwise fastened together and each page within the exhibit

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shall be numbered.

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The list of exhibits shall not include excerpts of depositions,

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which may be used to impeach witnesses.

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After three letters, note the

All multi-page exhibits shall be stapled or

All photographs shall be marked individually.

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In the event that Plaintiff and Defendants offer the same exhibit

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during trial, that exhibit shall be referred to by the

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designation the exhibit is first identified.

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the parties to pay attention to this detail so that all

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concerned, including the jury, will not be confused by one

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exhibit being identified with both a number and a letter.

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The Court cautions

The Final Pretrial Order will contain a stringent standard

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for the offering at trial of witnesses and exhibits not listed in

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the Final Pretrial Order, and the parties are cautioned that the

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standard will be strictly applied.

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listing of exhibits or witnesses that a party does not intend to

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offer will be viewed as an abuse of the court’s processes.

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On the other hand, the

The parties also are reminded that pursuant to Rule 16 of

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the Federal Rules of Civil Procedure it will be their duty at the

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Final Pretrial Conference to aid the Court in: (a) the

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formulation and simplification of issues and the elimination of

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frivolous claims or defenses; (b) the settling of facts that

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should properly be admitted; and (c) the avoidance of unnecessary

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proof and cumulative evidence.

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prepare the Joint Final Pretrial Conference Statement and

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participate in good faith at the Final Pretrial Conference with

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these aims in mind.

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imposition of sanctions which may include monetary sanctions,

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orders precluding proof, elimination of claims or defenses, or

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such other sanctions as the Court deems appropriate.

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Counsel must cooperatively

A failure to do so may result in the

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VIII.

TRIAL BRIEFS

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The parties shall file trial briefs not later than

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November 1, 2012.

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regarding the content of trial briefs.

Counsel are directed to Local Rule 285

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IX.

EVIDENTIARY AND/OR PROCEDURAL MOTIONS

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Any evidentiary or procedural motions are to be filed by

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October 25, 2012.

Oppositions must be filed by November 1, 2012

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and any reply must be filed by November 8, 2012.

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will be heard by the Court at the same time as the Final Pretrial

The motions

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Conference.

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X.

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The trial is set for January 7, 2013 at 9:00 a.m.

TRIAL SETTING
Trial

The panel will consist of eight (8) jurors.

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will be by jury.

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The parties estimate a trial length of twenty (20) days.

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XI.

SETTLEMENT CONFERENCE

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At the Final Pretrial Conference, the Court may set a

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settlement conference if the parties so request.

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settlement conference is requested, the parties are free to

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continue to mediate or attempt to settle the case with the

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understanding that the trial date is a firm date.

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In the event no

In the event a settlement conference is set by the Court,

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counsel are instructed to have a principal with full settlement

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authority present at the Settlement Conference or to be fully

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authorized to settle the matter on any terms.

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calendar days before the settlement conference, counsel for each

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party shall submit to the chambers of the settlement judge a

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confidential Settlement Conference Statement.

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At least seven (7)

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Such statements are neither to be filed with the Clerk nor served

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on opposing counsel.

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all other parties that the statement has been submitted.

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settlement judge is not the trial judge, the Settlement

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Conference Statement shall not be disclosed to the trial judge.

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Each party, however, shall serve notice on
If the

Notwithstanding the foregoing, the parties may request a

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settlement conference prior to the Final Pretrial Conference if

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they feel it would lead to the possible resolution of the case.

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In the event an early settlement conference date is requested,

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the parties shall file said request jointly, in writing.

The

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request must state whether the parties waive disqualification,

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pursuant to Local Rule 270(b), before a settlement judge can be

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assigned to the case.

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requesting that the assigned Judge or Magistrate Judge

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participate in the settlement conference AND waiver, pursuant to

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Local Rule 270(b), a settlement judge will be randomly assigned

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to the case.

Absent the parties’ affirmatively

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XII. VOLUNTARY DISPUTE RESOLUTION PROGRAM

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Pursuant to Local Rule 271 parties will need to lodge a

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stipulation and proposed order requesting referral to the

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Voluntary Dispute Resolution Program.

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XIII.

MODIFICATION OF PRETRIAL SCHEDULING ORDER

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The parties are reminded that pursuant to Rule 16(b) of the

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Federal Rules of Civil Procedure, the Pretrial Scheduling Order

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shall not be modified except by leave of court upon a showing of

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good cause.

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alone to modify the Pretrial Scheduling Order does not constitute

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good cause.

Agreement by the parties pursuant to stipulation

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Except in extraordinary circumstances, unavailability of

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witnesses or counsel will not constitute good cause.

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XIV. OBJECTIONS TO PRETRIAL SCHEDULING ORDER

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This Pretrial Scheduling Order will become final without

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further order of the Court unless objections are filed within

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seven (7) court days of service of this Order.

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IT IS SO ORDERED.
Dated: May 10, 2011

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_____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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