Stein v. Bank of America, N.A., et al.,

Filing 37

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 5/18/11. The status (pretrial scheduling) conference set for 5/23/11 is hereby VACATED. All discovery is DUE by 10/11/11. Designation of Expert Witnesses is DUE by 5/20/1 1 and any rebuttal expert disclosure is DUE by 7/13/11. The last hearing date for motions shall be 12/21/11, at 9:00 a.m. The Final Pretrial Conference is SET for 2/27/2012 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. Trial is SET for 5/29/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIA CHRISTINA STEIN, aka MARY
STEIN,

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Plaintiff,

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v.
BANK OF AMERICA, N.A., successor
in interest to Countrywide Bank,
FSB; and MORTGAGE ELECTRONIC
REGISTRATION SYSTEM, INC. aka
“MERS”
Defendants.1
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2:10-cv-02827-GEB-EFB
STATUS (PRETRIAL SCHEDULING)
ORDER

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Although Plaintiff did not participate in filing a Status

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Report as ordered, Defendants state in their Status Report that they

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“remain amenable to the dates set forth in the Court’s April 4, 2011

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pretrial scheduling order.” (ECF No. 35, 4:18-19.) Therefore, the status

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(pretrial scheduling) conference scheduled for May 23, 2011, is vacated

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and the following order issues.
DISMISSAL OF DOE DEFENDANTS

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Since Plaintiff has not justified Doe defendants remaining in

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this

action,

Does

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are

dismissed.

See

Order

Setting

Status

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(Pretrial Scheduling) Conference filed October 26, 2010, at 2 n.2

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The caption has been amended according to the Dismissal of Doe
Defendants portion of this Order.
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(indicating that if justification for “Doe” defendant allegations not

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provided Doe defendants would be dismissed).

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SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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No further service, joinder of parties or amendments to

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pleadings is permitted, except with leave of Court for good cause shown.

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DISCOVERY

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All discovery shall be completed by October 11, 2011. In this

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context, “completed” means that all discovery shall have been conducted

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so that all depositions have been taken and any disputes relative to

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discovery shall have been resolved by appropriate orders, if necessary,

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and, where discovery has been ordered, the order has been complied with

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or, alternatively, the time allowed for such compliance shall have

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expired.

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Each party shall comply with Federal Rule of Civil Procedure

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26(a)(2)(c)(i)’s initial expert witness disclosure requirements on or

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before May 20, 2011, and any contradictory and/or rebuttal expert

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disclosure authorized under Rule 26(a)(2)(c)(ii) on or before July 13,

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2011.

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MOTION HEARING SCHEDULE

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The last hearing date for motions shall be December 21, 2011,
at 9:00 a.m.2

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Motions shall be filed in accordance with Local Rule 230(b).

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Opposition papers shall be filed in accordance with Local Rule 230(c).

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Failure to comply with this local rule may be deemed consent to the

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motion and the Court may dispose of the motion summarily.

Brydges v.

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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.
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Lewis, 18 F.3d 651, 652-53 (9th Cir. 1994).

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oppose a summary judgment motion may result in the granting of that

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motion if the movant shifts the burden to the nonmovant to demonstrate

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a genuine issue of material fact remains for trial.

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Gates, 44 F.3d 722 (9th Cir. 1995).

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The

parties

are

cautioned

Further, failure to timely

that

an

Cf. Marshall v.

untimely

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characterized as a motion in limine may be summarily denied.

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motion

in limine addresses the admissibility of evidence.

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A motion

FINAL PRETRIAL CONFERENCE

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The final pretrial conference is set for February 27, 2012, at

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2:30 p.m.

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THE CASE for each party shall attend the final pretrial conference.

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addition, all persons representing themselves and appearing in propria

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persona must attend the pretrial conference.

The parties are cautioned that the lead attorney who WILL TRY
In

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The parties are warned that non-trial worthy issues could be

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eliminated sua sponte “[i]f the pretrial conference discloses that no

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material facts are in dispute and that the undisputed facts entitle one

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of the parties to judgment as a matter of law.”

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S’holders Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985).

Portsmouth Square v.

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The parties shall file a JOINT pretrial statement no later

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than seven (7) calendar days prior to the final pretrial conference.3

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The

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including a description of each theory of liability and affirmative

joint

pretrial

statement

shall

specify

the

issues

for

trial,

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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.
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defense, and shall estimate the length of the trial.4 The Court uses the

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parties’ joint pretrial statement to prepare its final pretrial order

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and could issue the final pretrial order without holding the scheduled

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final pretrial conference.

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(7th Cir. 1999) (“There is no requirement that the court hold a pretrial

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conference.”).

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If

possible,

at

See Mizwicki v. Helwig, 196 F.3d 828, 833

the

time

of

filing

the

joint

pretrial

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statement counsel shall also email it in a format compatible with

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WordPerfect to: [e-mail].

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TRIAL SETTING

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Trial shall commence at 9:00 a.m. on May 29, 2012.

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IT IS SO ORDERED.

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Dated:

May 18, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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If a trial by jury has been preserved, the joint pretrial
statement shall also state how much time each party desires for voir
dire, opening statements, and closing arguments.
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