Martinez, et al., v. SCC Florin Road Bingo, et al.,

Filing 20

STATUS ORDER signed by Judge Garland E. Burrell, Jr on 11/9/10 ORDERING the status conference set for 11/15/10 is VACATED; Discovery due by 8/24/2011; Trial set for 3/20/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr..; Fin al Pretrial Conference set for 12/19/2011 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr..; the last hearing date for motions shall be 10/24/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Carlos, K)

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Martinez, et al., v. SCC Florin Road Bingo, et al., Doc. 20 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 The status (pretrial scheduling) conference scheduled for November 15, 2010, is vacated since the parties' Joint Status Report filed on October 29, 2010 ("JSR") indicates that the following Order should issue. DOE DEFENDANTS Plaintiffs indicate in the JSR that they "will need to take several depositions to identify `Doe' defendants in this case, which Plaintiffs anticipate can be completed by April 15, 2011." (ECF No. 16, 10:18-20.) Plaintiff has until April 15, 2011, to file a motion in which leave is sought under Federal Rule of Civil Procedure 15(a) that would authorize Plaintiff to add a party or parties to this action. The v. SCC FLORIN ROAD BINGO; SACRAMENTO CONSOLIDATED CHARITIES; KEVIN BEERS; SHAWN MARTINEZ; ARC PROPERTIES, INC.; AND DOES 1-10, INCLUSIVE, Defendants. ________________________________ CONNIE MARTINEZ and JOSE MARTINEZ, Plaintiffs, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:10-cv-01647-GEB-GGH STATUS (PRETRIAL SCHEDULING) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 Dockets.Justia.com 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 motion must be noticed for hearing on the Court's earliest available law and motion date. If leave is not sought as stated, Does 1 through 10 will be automatically dismissed from this action. ADDED DEFENDANT'S OPPORTUNITY TO SEEK AMENDMENT OF THIS ORDER If Plaintiffs substitute a named defendant in place of a Doe defendant, a copy of this Order shall be served on that defendant concurrently with the service of process. That defendant has 30 days after said service within which to file a "Notice of Proposed Modification of Status Order." Although a newly-joined party's proposed modification filed within this thirty day period will not have to meet the good cause standard, no further amendments will be permitted, except with leave of Court for good cause shown. 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 All discovery shall be completed by August 24, 2011. 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. Each party shall comply with Federal Rule of Civil Procedure 26(a)(2)(c)(i)'s initial expert witness disclosure requirements on or before March 14, 2011, and any contradictory and/or rebuttal expert 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 disclosure authorized under Rule 26(a)(2)(c)(ii) on or before April 12, 2011. MOTION HEARING SCHEDULE The last hearing date for motions shall be October 24, 2011, at 9:00 a.m.1 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 December 19, 2011, at 11:00 a.m. The parties are cautioned that the lead attorney who WILL TRY THE CASE for each party shall attend the final pretrial conference. In 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 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. 3 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 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. 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.2 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: geborders@caed.uscourts.gov. TRIAL SETTING Trial shall commence at 9:00 a.m. on March 20, 2012. Dated: November 9, 2010 GARLAND E. BURRELL, JR. United States District Judge The joint pretrial statement shall also state how much time each party desires for voir dire, opening statements, and closing arguments. 4 2

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