Martinez v. CSK Auto, Inc. et al

Filing 12

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 10/12/10: Discovery due by 4/4/2012. Dispositive Motions filed by 6/4/2012. Final Pretrial Conference set for 8/6/2012 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Trial set for 11/6/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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Martinez v. CSK Auto, Inc. et al Doc. 12 1 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 27 28 v. CSK AUTO, INC. dba KRAGEN AUTO PARTS #01497, Defendant. ________________________________ TONY MARTINEZ, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) 2:10-cv-01338-GEB-EFB STATUS (PRETRIAL SCHEDULING) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA The status (pretrial scheduling) conference scheduled for October 18, 2010, is vacated since the parties' Joint Status Report filed on October 4, 2010 ("JSR"), indicates that the following Order should issue. SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT No further service, joinder of parties or amendments to pleadings is permitted, except with leave of Court for good cause shown. DISCOVERY Non-expert discovery shall be completed by April 4, 2012. In this context, "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate orders, if necessary, and, where discovery has been ordered, the order has been complied with or, alternatively, the time allowed for such compliance shall have expired. 1 1 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 27 28 2:30 p.m. 9:00 a.m.1 Each party shall comply with Federal Rule of Civil Procedure 26(a)(2)(c)(i)'s initial expert witness disclosure requirements on or before February 6, 2012, and any contradictory and/or rebuttal expert disclosure authorized under Rule 26(a)(2)(c)(ii) on or before March 6, 2012. MOTION HEARING SCHEDULE The last hearing date for motions shall be June 4, 2012, at Motions shall be filed in accordance with Local Rule 230(b). Opposition papers shall be filed in accordance with Local Rule 230(c). Failure to comply with this local rule may be deemed consent to the motion and the Court may dispose of the motion summarily. Lewis, 18 F.3d 651, 652-53 (9th Cir. 1994). Brydges v. Further, failure to timely oppose a summary judgment motion may result in the granting of that motion if the movant shifts the burden to the nonmovant to demonstrate a genuine issue of material fact remains for trial. Gates, 44 F.3d 722 (9th Cir. 1995). The parties are cautioned that an untimely motion A motion Cf. Marshall v. characterized as a motion in limine may be summarily denied. in limine addresses the admissibility of evidence. FINAL PRETRIAL CONFERENCE The final pretrial conference is set for August 6, 2012, at The parties are cautioned that the lead attorney who WILL TRY In THE CASE for each party shall attend the final pretrial conference. This time deadline does not apply to motions for continuances, temporary restraining orders, emergency applications, or motions under Rule 16(e) of the Federal Rules of Civil Procedure. 2 1 1 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 27 28 addition, all persons representing themselves and appearing in propria persona must attend the pretrial conference. The parties are warned that non-trial worthy issues could be eliminated sua sponte "[i]f the pretrial conference discloses that no material facts are in dispute and that the undisputed facts entitle one of the parties to judgment as a matter of law." Portsmouth Square v. S'holders Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985). The parties shall file a JOINT pretrial statement no later than seven (7) calendar days prior to the final pretrial conference.2 The joint pretrial statement shall specify the issues for trial, including a description of each theory of liability and affirmative defense, and shall estimate the length of the trial.3 The Court uses the parties' joint pretrial statement to prepare its final pretrial order and could issue the final pretrial order without holding the scheduled final pretrial conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir. 1999) ("There is no requirement that the court hold a pretrial conference."). If possible, at the time of filing the joint pretrial statement counsel shall also email it in a format compatible with WordPerfect to: The failure of one or more of the parties to participate in the preparation of any joint document required to be filed in this case does not excuse the other parties from their obligation to timely file the document in accordance with this Order. In the event a party fails to participate as ordered, the party or parties timely submitting the document shall include a declaration explaining why they were unable to obtain the cooperation of the other party. The joint pretrial statement shall also state how much time each party desires for voir dire, opening statements, and closing arguments. 3 3 2 1 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 27 28 Dated: TRIAL SETTING Trial shall commence at 9:00 a.m. on November 6, 2012. IT IS SO ORDERED. October 12, 2010 GARLAND E. BURRELL, JR. United States District Judge 4

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