Springmeyer v. A.S.J.S. Inc.

Filing 8

STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Senior Judge Lawrence K. Karlton on 8/5/09: Discovery due by 2/3/2010. Dispositive Motions due by 4/3/2010. Final Pretrial Conference set for 7/6/2010 at 02:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. Jury Trial set for 10/5/2010 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Kaminski, H)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ANDREW SPRINGMEYER, NO. CIV. S-09-1181 LKK/GGH 11 Plaintiff, 12 v. 13 A.S.J.S., INC. and DOES ONE 14 through FIFTY, inclusive, 15 16 17 18 Defendants. / STATUS (PRETRIAL SCHEDULING) CONFERENCE READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES WHICH 19 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND 20 PARTIES MUST COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS 21 ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER 22 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN 23 ORDER OF JUDGMENT. 24 Pursuant to court order, a Status (Pretrial Scheduling) Jeffery A. 25 Conference was held in chambers on August 3, 2009. 26 Briggs appeared as counsel for plaintiff; Robert A. West appeared 1 1 as counsel for defendant. After hearing, the court makes the 2 following findings and orders: 3 4 SERVICE OF PROCESS All parties defendant have been served and no further service 5 is permitted except with leave of court, good cause having been 6 shown. 7 8 JOINDER OF PARTIES/AMENDMENTS No further joinder of parties or amendments to pleadings is 9 permitted except with leave of court, good cause having been shown. 10 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 11 1992). 12 13 JURISDICTION/VENUE Jurisdiction is predicated upon 1331, 1367 is undisputed 14 and is hereby found to be proper, as is venue. 15 16 FICTITIOUSLY-NAMED DEFENDANTS This action, including any counterclaims, cross-claims, and 17 third-party complaints is hereby DISMISSED as to all DOE or other 18 fictitiously-named defendants. 19 20 MOTION HEARING SCHEDULES All law and motion except as to discovery is left open, save 21 and except that it shall be conducted so as to be completed by 22 April 3, 2010. The word "completed" in this context means that all Because 23 law and motion matters must be heard by the above date. 24 this date is not necessarily a date previously set aside for law 25 and motion hearings, it is incumbent upon counsel to contact this 26 court's courtroom deputy, Ana Rivas at (916) 930-4133, sufficiently 2 1 in advance so as to ascertain the dates upon which law and motion 2 will be heard and to properly notice its motion for hearing before 3 that date. Counsel are cautioned to refer to Local Rule 78-230 4 regarding the requirements for noticing such motions on the court's 5 regularly scheduled law and motion calendar. Opposition or 6 statement of non-opposition to all motions shall be filed not later 7 than 4:30 p.m. fourteen (14) days preceding the hearing date, or by 8 proof of service by mail not less than seventeen (17) days 9 preceding the hearing date. This paragraph does not preclude 10 motions for continuances, temporary restraining orders or other 11 emergency applications, and is subject to any special scheduling 12 set forth in the "MISCELLANEOUS PROVISIONS" paragraph below. 13 At the time of filing a motion, opposition, or reply, counsel lkk- 14 are directed to email a copy in word processing format to 15 pleadings@caed.uscourts.gov. 16 The parties should keep in mind that the purpose of law and 17 motion is to narrow and refine the legal issues raised by the case, 18 and to dispose of by pretrial motion those issues that are 19 susceptible to resolution without trial. To accomplish that 20 purpose, the parties need to identify and fully research the issues 21 presented by the case, and then examine those issues in light of 22 the evidence gleaned through discovery. If it appears to counsel 23 after examining the legal issues and facts that an issue can be 24 resolved by pretrial motion, counsel are to file the appropriate 25 motion by the law and motion cutoff set forth supra. 26 Unless prior permission has been granted, memoranda of law in 3 1 support of and in opposition to motions are limited to thirty (30) 2 pages, and reply memoranda are limited to fifteen (15) pages. The 3 parties are also cautioned against filing multiple briefs to 4 circumvent this rule. 5 Where the parties bring motions for summary judgment, the 6 court will deem facts which are apparently undisputed as undisputed 7 under Fed. R. Civ. P. 56(d), unless specifically reserved and that 8 party tenders evidence to support the reservation. 9 ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL 10 MOTION AND A FAILURE TO MAKE SUCH A MOTION WILL ORDINARILY BE 11 VIEWED AS A WAIVER AT THE TIME OF PRETRIAL. COUNSEL ARE CAUTIONED 12 THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE BEEN TENDERED TO THE COURT 13 BY PRETRIAL MOTION MUST BE RESOLVED BY THE COURT AFTER LAW AND 14 MOTION CUTOFF, FOR INSTANCE WHERE THE ISSUE IS JURISDICTION, 15 SUBSTANTIAL SANCTIONS WILL BE LEVIED AGAINST COUNSEL WHO FAIL TO 16 TIMELY FILE AN APPROPRIATE MOTION. 17 Counsel are further reminded that motions in limine are devices designed to address the admissibility of 18 procedural 19 evidence. COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH 20 DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE GUISE OF MOTIONS 21 IN LIMINE 22 23 AT THE TIME OF TRIAL. DISCOVERY No modifications of the discovery requirements found in the 24 Federal Rules is ordered. 25 All discovery is left open, save and except that it shall be The word 26 so conducted as to be completed by February 3, 2010. 4 1 "completed" means that all discovery shall have been conducted so 2 that all depositions have been taken and any disputes relative to 3 discovery shall have been resolved by appropriate order if 4 necessary and, where discovery has been ordered, the order has been 5 complied with. Motions to compel discovery must be noticed on the 6 magistrate judge's calendar in accordance with the local rules of 7 this court and so that such motions will be heard not later than 8 January 3, 2010. In this regard, all counsel are to designate in 9 writing and file with the court and serve upon all other parties a 10 final list of the names of all experts that they propose to tender 11 at trial not later than thirty (30) days before the close of 12 discovery herein established. At the time of designation, all The contents of the report 13 experts shall submit a written report. 14 must comply with Federal Rule of Civil Procedure 26 (A)(2)(b). All 15 experts so designated are to be fully prepared to render an 16 informed opinion at the time of designation so that they may fully 17 participate in any deposition taken by the opposing party. Experts 18 will not be permitted to testify at the trial as to any information 19 gathered or evaluated, or opinion formed, after deposition taken 20 subsequent to designation. 21 An expert witness not appearing on said lists will not be to testify unless the party offering the witness 22 permitted 23 demonstrates: (a) that the necessity of the witness could not have 24 been reasonably anticipated at the time the lists were exchanged; 25 (b) the court and opposing counsel were promptly notified upon 26 discovery of the witness; and (c) that the witness was promptly 5 1 proffered for deposition. 2 3 MID-LITIGATION STATEMENTS Not later than fourteen (14) days prior to the close of 4 discovery, all parties shall file with the court and serve on all 5 other parties a brief statement summarizing all law and motion 6 practice heard by the court as of the date of the filing of the 7 statement, whether the court has disposed of the motion at the time 8 the statement is filed and served, and the likelihood that any 9 further motions will be noticed prior to the close of law and 10 motion. The filing of this statement shall not relieve the parties 11 or counsel of their obligation to timely notice all appropriate 12 motions as set forth above. 13 14 15 p.m. FINAL PRETRIAL CONFERENCE The Final Pretrial Conference is SET for July 6, 2010, at 2:30 Counsel are cautioned that counsel appearing for Pretrial 16 will in fact try the matter. 17 Counsel for all parties are to be fully prepared for trial at 18 the time of the Pretrial Conference, with no matters remaining to 19 be accomplished except production of witnesses for oral testimony. 20 Counsel are referred to Local Rules 40-280 and 16-281 relating to 21 the contents of and time for filing Pretrial Statements. In 22 addition to those subjects listed in Local Rule 16-281(b), the 23 parties are to provide the court with a plain, concise statement 24 which identifies every non-discovery motion tendered to the court, 25 and its resolution. A FAILURE TO COMPLY WITH LOCAL RULES 40-280 26 AND 16-281 WILL BE GROUNDS FOR SANCTIONS. 6 1 The parties shall file Separate Pretrial Statements, the 2 contents and timing of which are set forth in Local Rule 16-281, 3 except that the parties are to prepare a JOINT STATEMENT with 4 respect to the undisputed facts and disputed factual issues of the 5 case. See Local Rule 16-281(b)(3), (4), and (6). The parties are 6 reminded to include in their joint statement all disputed and 7 undisputed special factual information as required by Local Rule 8 16-281(b)(6). 9 The undisputed facts and disputed factual issues are to be set In each section, the parties 10 forth in two separate sections. 11 should identify first the general facts relevant to all causes of 12 action. After identifying the general facts, the parties should 13 then identify those facts which are relevant to each separate cause 14 of action. In this regard, the parties are to number each Where the parties are unable to 15 individual fact or factual issue. 16 agree as to what factual issues are properly before the court for 17 trial, they should nevertheless list in the section on "DISPUTED 18 FACTUAL ISSUES" all issues asserted by any of the parties and 19 explain by parenthetical the controversy concerning each issue. 20 Each individual disputed fact or factual issue shall include the 21 following introductory language: "Whether or not . . . ." The 22 parties should keep in mind that, in general, each fact should 23 relate or correspond to an element of the relevant cause of action. 24 Notwithstanding the provisions of Local Rule 16-281, the Joint 25 Statement of Undisputed Facts and Disputed Factual Issues is to be 26 filed with the court concurrently with the filing of plaintiff's 7 1 Pretrial Statement. If the case is tried to a jury, the undisputed 2 facts will be read to the jury. 3 Pursuant to Local Rule 16-281(b)(10) and (11), the parties are to provide in their Pretrial Statements a list of 4 required 5 witnesses and exhibits that they propose to proffer at trial, no 6 matter for what purpose. These lists shall not be contained in the 7 Pretrial Statement itself, but shall be attached as separate 8 documents to be used as addenda to the Final Pretrial Order. 9 Plaintiff's exhibits shall be listed numerically; defendant's 10 exhibits shall be listed alphabetically. In the event that the 11 alphabet is exhausted, defendant's exhibits shall be marked "2A-2Z, 12 3A-3Z, etc." The Pretrial Order will contain a stringent standard 13 for the proffering of witnesses and exhibits at trial not listed in 14 the Pretrial Order. 15 be strictly applied. Counsel are cautioned that the standard will On the other hand, the listing of exhibits or 16 witnesses which counsel do not intend to call or use will be viewed 17 as an abuse of the court's processes. 18 Pursuant to Local Rule 16-281(b)(12), a party is required to 19 provide a list of all answers to interrogatories and responses to 20 requests for admission that the party expects to offer at trial. 21 This list should include only those documents or portions thereof 22 which the party expects to offer in its case-in-chief. Unless 23 otherwise barred by a rule of evidence or order of this court, the 24 parties remain free to tender appropriate discovery documents 25 during trial for such purposes as, but not limited to, impeachment 26 or memory refreshment. 8 1 Pursuant to Local Rule 16-281(b)(8), the parties' Pretrial Each 2 Statements shall contain a "statement of legal theory, etc." 3 party shall commence this section by specifying as to each claim 4 whether federal or state law governs, and if state law, the state 5 whose law is applicable. 6 Counsel are also reminded that, pursuant to Fed. R. Civ. P. 7 16, it will be their duty at the Pretrial Conference to aid the 8 court in (a) formulation and simplification of issues and the 9 elimination of frivolous claims or defenses; (b) settling of facts 10 which should be properly admitted; and (c) the avoidance of 11 unnecessary proof and cumulative evidence. Counsel must prepare 12 their Pretrial Statements, and participate in good faith at the 13 Pretrial Conference, with these aims in mind. 14 MAY RESULT IN THE IMPOSITION of SANCTIONS A FAILURE TO DO SO which may include 15 monetary sanctions, orders precluding proof, eliminations of claims 16 or defenses, or such other sanctions as the court deems 17 appropriate. 18 19 TRIAL SETTING Trial is SET for October 5, 2010, at 10:30 a.m. Trial will be 20 by jury. The parties represent in good faith that the trial will 21 take approximately five (5) days. 22 23 SETTLEMENT CONFERENCE A Settlement Conference will be set before a judge other than 24 the trial judge at the time of the Pretrial Conference. 25 Counsel are cautioned to have a principal capable of 26 disposition present at the Settlement Conference or to be fully 9 1 authorized to settle the matter on any terms and at the Settlement 2 Conference. 3 4 MISCELLANEOUS PROVISIONS The parties are reminded that pursuant to Fed. R. Civ. P. 5 16(b), the Status (pretrial scheduling) Order shall not be modified 6 except by leave of court upon a showing of good cause. 7 cautioned that changes to any of the scheduled Counsel are dates will 8 necessarily result in changes to all other dates. Thus, even where 9 good cause has been shown, the court will not grant a request to 10 change the discovery cutoff date without modifying the pretrial and 11 trial dates. 12 Agreement by the parties pursuant to stipulation does not 13 constitute good cause. Nor does the unavailability of witnesses or 14 counsel, except in extraordinary circumstances, constitute good 15 cause. 16 The parties are reminded of their continuing obligation to 17 supplement their statements relative to the identification of 18 parent corporations and any publicly held company that owns 10% or 19 more of the party's stock within a reasonable time of any change in 20 the information. 21 The parties are admonished that they are not to cite or refer 22 to any of the quotations inscribed in the pavers on the front plaza 23 of the United States Courthouse in any written or oral presentation 24 to the court or a jury. 25 There appear to be no other matters presently pending before 26 the court that will aid the just and expeditious disposition of 10 1 this matter. 2 3 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: August 5, 2009.

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