Dumas v. First Northern Bank et al

Filing 28

STATUS CONFERENCE ORDER signed by Senior Judge Lawrence K. Karlton on 10/20/10 ORDERING Discovery due by 5/18/2011; Final Pretrial Conference set for 10/17/2011 at 01:30 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton; and Jury Trial set for 1/24/2012 at 10:30 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Carlos, K)

Dumas v. First Northern Bank et al

Doc. 28

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 THOMAS STEVENS DUMAS, NO. CIV. S-10-1523 LKK/KJM 11 Plaintiff, 12 v. 13 FIRST NORTHERN BANK, dba 14 FIRST NORTHERN, et al., 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) Gabriel D.

25 Conference was held in chambers on October 18, 2010.

26 Klug appeared for John Sargetis as counsel for plaintiff; Henry 1
Dockets.Justia.com

1 Friesen appeared telephonically as counsel for defendant Paramount 2 Residential Mortgage Group, Inc.; Joshua Abel appeared

3 telephonically as counsel for JPMorgan Chase Bank. 4 the court makes the following findings and orders: 5 6 SERVICE OF PROCESS

After hearing,

All parties defendant have been served and no further service

7 is permitted except with leave of court, good cause having been 8 shown. 9 10 JOINDER OF PARTIES/AMENDMENTS Except as provided herein, no further joinder of parties or

11 amendments to pleadings is permitted except with leave of court, 12 good cause having been shown. See Johnson v. Mammoth Recreations,

13 Inc., 975 F.2d 604 (9th Cir. 1992). 14 Plaintiff is granted ten (10) days to file and amended

15 complaint joining additional parties and he is to give notice of 16 the dates provided herein. 17 18 JURISDICTION/VENUE Jurisdiction is predicated upon 28 U.S.C. §§ 1331, 1367 is

19 undisputed and is hereby found to be proper, as is venue. 20 21 FICTITIOUSLY-NAMED DEFENDANTS This action, including any counterclaims, cross-claims, and

22 third-party complaints is hereby DISMISSED as to all DOE or other 23 fictitiously-named defendants. 24 25 MOTION HEARING SCHEDULES All law and motion except as to discovery is left open, save

26 and except that it shall be conducted so as to be completed by 2

1 July 18, 2011.

The word "completed" in this context means that all Because

2 law and motion matters must be heard by the above date.

3 this date is not necessarily a date previously set aside for law 4 and motion hearings, it is incumbent upon counsel to contact this 5 court's courtroom deputy, Ana Rivas at [phone], sufficiently 6 in advance so as to ascertain the dates upon which law and motion 7 will be heard and to properly notice its motion for hearing before 8 that date. Counsel are cautioned to refer to Local Rule 230

9 regarding the requirements for noticing such motions on the court's 10 regularly scheduled law and motion calendar. Opposition or

11 statement of non-opposition to all motions shall be filed not later 12 than 4:30 p.m. fourteen (14) days preceding the hearing date, or by 13 proof of service by mail not less than seventeen (17) days

14 preceding the hearing date.

This paragraph does not preclude

15 motions for continuances, temporary restraining orders or other 16 emergency applications, and is subject to any special scheduling 17 set forth in the "MISCELLANEOUS PROVISIONS" paragraph below. 18 At the time of filing a motion, opposition, or reply, counsel lkk-

19 are directed to email a copy in word processing format to 20 [e-mail]. 21

The parties should keep in mind that the purpose of law and

22 motion is to narrow and refine the legal issues raised by the case, 23 and to dispose of by pretrial motion those issues that are

24 susceptible to resolution without trial.

To accomplish that

25 purpose, the parties need to identify and fully research the issues 26 presented by the case, and then examine those issues in light of 3

1 the evidence gleaned through discovery.

If it appears to counsel

2 after examining the legal issues and facts that an issue can be 3 resolved by pretrial motion, counsel are to file the appropriate 4 motion by the law and motion cutoff set forth supra. 5 Unless prior permission has been granted, memoranda of law in

6 support of and in opposition to motions are limited to thirty (30) 7 pages, and reply memoranda are limited to fifteen (15) pages. The

8 parties are also cautioned against filing multiple briefs to 9 circumvent this rule. 10 Where the parties bring motions for summary judgment, the

11 court will deem facts which are apparently undisputed as undisputed 12 under Fed. R. Civ. P. 56(d), unless specifically reserved and that 13 party tenders evidence to support the reservation. 14 ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL

15 MOTION AND A FAILURE TO MAKE SUCH A MOTION WILL ORDINARILY BE 16 VIEWED AS A WAIVER AT THE TIME OF PRETRIAL. COUNSEL ARE CAUTIONED

17 THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE BEEN TENDERED TO THE COURT 18 BY PRETRIAL MOTION MUST BE RESOLVED BY THE COURT AFTER LAW AND 19 MOTION CUTOFF, FOR INSTANCE WHERE THE ISSUE IS JURISDICTION, 20 SUBSTANTIAL SANCTIONS WILL BE LEVIED AGAINST COUNSEL WHO FAIL TO 21 TIMELY FILE AN APPROPRIATE MOTION. 22 Counsel are further reminded that motions in limine are devices designed to address the admissibility of

23 procedural 24 evidence.

COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH

25 DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE GUISE OF MOTIONS 26 IN LIMINE AT THE TIME OF TRIAL. 4

1 2

DISCOVERY No modifications of the discovery requirements found in the

3 Federal Rules is ordered. 4 All discovery is left open, save and except that it shall be The word

5 so conducted as to be completed by May 18, 2011.

6 "completed" means that all discovery shall have been conducted so 7 that all depositions have been taken and any disputes relative to 8 discovery shall have been resolved by appropriate order if

9 necessary and, where discovery has been ordered, the order has been 10 complied with. Motions to compel discovery must be noticed on the

11 magistrate judge's calendar in accordance with the local rules of 12 this court and so that such motions will be heard not later than 13 April 18, 2011. In this regard, all counsel are to designate in

14 writing and file with the court and serve upon all other parties a 15 final list of the names of all experts that they propose to tender 16 at trial not later than sixty (60) days before the close of 17 discovery herein established. At the time of designation, all The contents of the report

18 experts shall submit a written report.

19 must comply with Federal Rule of Civil Procedure 26 (A)(2)(b). All 20 experts so designated are to be fully prepared to render an 21 informed opinion at the time of designation so that they may fully 22 participate in any deposition taken by the opposing party. Experts 23 will not be permitted to testify at the trial as to any information 24 gathered or evaluated, or opinion formed, after deposition taken 25 subsequent to designation. 26 An expert witness not appearing on said lists will not be 5

1 permitted

to

testify

unless

the

party

offering

the

witness

2 demonstrates: (a) that the necessity of the witness could not have 3 been reasonably anticipated at the time the lists were exchanged; 4 (b) the court and opposing counsel were promptly notified upon 5 discovery of the witness; and (c) that the witness was promptly 6 proffered for deposition. 7 8 MID-LITIGATION STATEMENTS Not later than fourteen (14) days prior to the close of

9 discovery, all parties shall file with the court and serve on all 10 other parties a brief statement summarizing all law and motion 11 practice heard by the court as of the date of the filing of the 12 statement, whether the court has disposed of the motion at the time 13 the statement is filed and served, and the likelihood that any 14 further motions will be noticed prior to the close of law and 15 motion. The filing of this statement shall not relieve the parties 16 or counsel of their obligation to timely notice all appropriate 17 motions as set forth above. 18 19 20 1:30 FINAL PRETRIAL CONFERENCE The Final Pretrial Conference is SET for October 17, 2011, at p.m. Counsel are cautioned that counsel appearing for

21 Pretrial will in fact try the matter. 22 Counsel for all parties are to be fully prepared for trial at

23 the time of the Pretrial Conference, with no matters remaining to 24 be accomplished except production of witnesses for oral testimony. 25 Counsel are referred to Local Rules 280 and 281 relating to the 26 contents of and time for filing Pretrial Statements. 6 In addition

1 to those subjects listed in Local Rule 281(b), the parties are to 2 provide the court with a plain, concise statement which identifies 3 every non-discovery motion tendered to the court, and its

4 resolution.

A FAILURE TO COMPLY WITH LOCAL RULES 280 AND 281 WILL

5 BE GROUNDS FOR SANCTIONS. 6 The parties shall file Separate Pretrial Statements, the

7 contents and timing of which are set forth in Local Rule 281, 8 except that the parties are to prepare a JOINT STATEMENT with 9 respect to the undisputed facts and disputed factual issues of the 10 case. See Local Rule 281(b)(3), (4), and (6). The parties are

11 reminded to include in their joint statement all disputed and 12 undisputed special factual information as required by Local Rule 13 281(b)(6). 14 The undisputed facts and disputed factual issues are to be set In each section, the parties

15 forth in two separate sections.

16 should identify first the general facts relevant to all causes of 17 action. After identifying the general facts, the parties should

18 then identify those facts which are relevant to each separate cause 19 of action. In this regard, the parties are to number each Where the parties are unable to

20 individual fact or factual issue.

21 agree as to what factual issues are properly before the court for 22 trial, they should nevertheless list in the section on "DISPUTED 23 FACTUAL ISSUES" all issues asserted by any of the parties and 24 explain by parenthetical the controversy concerning each issue. 25 Each individual disputed fact or factual issue shall include the 26 following introductory language: 7 "Whether or not . . . ." The

1 parties should keep in mind that, in general, each fact should 2 relate or correspond to an element of the relevant cause of action. 3 Notwithstanding the provisions of Local Rule 281, the Joint

4 Statement of Undisputed Facts and Disputed Factual Issues is to be 5 filed with the court concurrently with the filing of plaintiff's 6 Pretrial Statement. If the case is tried to a jury, the undisputed

7 facts will be read to the jury. 8 Pursuant to Local Rule 281(b)(10) and (11), the parties are to provide in their Pretrial Statements a list of

9 required

10 witnesses and exhibits that they propose to proffer at trial, no 11 matter for what purpose. These lists shall not be contained in the

12 Pretrial Statement itself, but shall be attached as separate 13 documents to be used as addenda to the Final Pretrial Order. 14 Plaintiff's exhibits shall be listed numerically; defendant's

15 exhibits shall be listed alphabetically.

In the event that the

16 alphabet is exhausted, defendant's exhibits shall be marked "2A-2Z, 17 3A-3Z, etc." The Pretrial Order will contain a stringent standard

18 for the proffering of witnesses and exhibits at trial not listed in 19 the Pretrial Order. 20 be strictly applied. Counsel are cautioned that the standard will On the other hand, the listing of exhibits or

21 witnesses which counsel do not intend to call or use will be viewed 22 as an abuse of the court's processes. 23 Pursuant to Local Rule 281(b)(12), a party is required to

24 provide a list of all answers to interrogatories and responses to 25 requests for admission that the party expects to offer at trial. 26 This list should include only those documents or portions thereof 8

1 which the party expects to offer in its case-in-chief.

Unless

2 otherwise barred by a rule of evidence or order of this court, the 3 parties remain free to tender appropriate discovery documents 4 during trial for such purposes as, but not limited to, impeachment 5 or memory refreshment. 6 Pursuant to Local Rule 281(b)(8), the parties' Pretrial Each

7 Statements shall contain a "statement of legal theory, etc."

8 party shall commence this section by specifying as to each claim 9 whether federal or state law governs, and if state law, the state 10 whose law is applicable. 11 Counsel are also reminded that, pursuant to Fed. R. Civ. P.

12 16, it will be their duty at the Pretrial Conference to aid the 13 court in (a) formulation and simplification of issues and the 14 elimination of frivolous claims or defenses; (b) settling of facts 15 which should be properly admitted; and (c) the avoidance of

16 unnecessary proof and cumulative evidence.

Counsel must prepare

17 their Pretrial Statements, and participate in good faith at the 18 Pretrial Conference, with these aims in mind. 19 MAY RESULT IN THE IMPOSITION of SANCTIONS A FAILURE TO DO SO which may include

20 monetary sanctions, orders precluding proof, eliminations of claims 21 or defenses, or such other sanctions as the court deems

22 appropriate. 23 24 TRIAL SETTING Trial is SET for January 24, 2012, at 10:30 a.m. Trial will

25 be by jury.

The parties represent in good faith that the trial

26 will take approximately eight (8) days. 9

1 2

SETTLEMENT CONFERENCE A Settlement Conference will be set before a judge other than

3 the trial judge at the time of the Pretrial Conference. 4 Counsel are cautioned to have a principal capable of

5 disposition present at the Settlement Conference or to be fully 6 authorized to settle the matter on any terms and at the Settlement 7 Conference. 8 9 MISCELLANEOUS PROVISIONS The parties are reminded that pursuant to Fed. R. Civ. P.

10 16(b), the Status (pretrial scheduling) Order shall not be modified 11 except by leave of court upon a showing of good cause. 12 cautioned that changes to any of the scheduled Counsel are dates will

13 necessarily result in changes to all other dates. Thus, even where 14 good cause has been shown, the court will not grant a request to 15 change the discovery cutoff date without modifying the pretrial and 16 trial dates. 17 Agreement by the parties pursuant to stipulation does not

18 constitute good cause. Nor does the unavailability of witnesses or 19 counsel, except in extraordinary circumstances, constitute good 20 cause. 21 The parties are reminded of their continuing obligation to

22 supplement their statements relative to the identification of 23 parent corporations and any publicly held company that owns 10% or 24 more of the party's stock within a reasonable time of any change in 25 the information. 26 The parties are admonished that they are not to cite or refer 10

1 to any of the quotations inscribed in the pavers on the front plaza 2 of the United States Courthouse in any written or oral presentation 3 to the court or a jury. 4 There appear to be no other matters presently pending before

5 the court that will aid the just and expeditious disposition of 6 this matter. 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: October 20, 2010.