Balthrope v. Sacramento County Department of Health and Human Services et al

Filing 7

ORDER signed by Magistrate Judge John F. Moulds on 5/25/11 ORDERING that a Status (Pretrial Scheduling) Conference is SET for 12/1/2011 at 11:00 AM in courtroom 26 (JFM) before Magistrate Judge John F. Moulds. The parties shall submit to the Court an d serve by mail on all other parties, no later than seven days before the Status (Pretrial Scheduling) Conference, a Status report.The Clerk shall send Plaintiff copies (one for each defendant plus one for Plaintiff) of the form, "Cosent to Proceed Before United States Magistrate Judge," with this order. (Mena-Sanchez, L) (Main Document 7 replaced on 5/26/2011) (Mena-Sanchez, L). Modified on 5/26/2011 (Mena-Sanchez, L).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARIEL BALTHROPE,

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Plaintiff,

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No. 2:10-cv-3003-JAM-JFM (PS)

vs.
SACRAMENTO COUNTY OF
HEALTH AND HUMAN SERVICES,
et al.,
Defendants.

ORDER SETTING STATUS CONFERENCE
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This action has been assigned to Judge John A. Mendez and has been referred to
the undersigned for all purposes described in Local Rule 72-302(c)(21).
The parties are informed that they may, if all consent, have this case tried by a

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United States Magistrate Judge while preserving their right to appeal to the Circuit Court of

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Appeal. An appropriate form for consent to trial by a magistrate judge is attached. Any party

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choosing to consent may complete the form and return it to the clerk of this court. Neither the

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magistrate judge nor the district judge handling the case will be notified of the filing of a consent

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form unless all parties to the action have consented.
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Pursuant to the provisions of Federal Rule of Civil Procedure 16 and Local Rule
16-240, IT IS HEREBY ORDERED that:

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1. A Status (Pretrial Scheduling) Conference is set for December 1, 2011 at 11:00
a.m. in courtroom # 26 before the undersigned.

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2. All parties shall appear by counsel or in person if acting without counsel.

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3. The parties shall submit to the court and serve by mail on all other parties, no

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later than seven days before the Status (Pretrial Scheduling) Conference, a status report

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addressing the following matters:

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a. Service of process;

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b. Possible joinder of additional parties;

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c. Any expected or desired amendment of the pleadings;

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d. Jurisdiction and venue;

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e. Anticipated motions and the scheduling thereof;

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f. Anticipated discovery and the scheduling thereof;

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g. Future proceedings, including setting appropriate cutoff dates for discovery

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and law and motion and the scheduling of a pretrial conference and trial;

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h. Modification of standard pretrial procedures specified by the rules due to the
relative simplicity or complexity of the action or proceedings;

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i. Whether the case is related to any other case, including matters in
bankruptcy;

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j. Whether the counsel will stipulate to the magistrate judge assigned to this

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matter acting as settlement judge and waiving any disqualifications by virtue of his so acting, or

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whether they prefer to have a Settlement Conference before another judge;

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k. Any other matters that may add to the just and expeditious disposition of this

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matter.

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4. Plaintiff and counsel are reminded of their continuing duty to notify chambers

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immediately of any settlement or other disposition (see Local Rule 16-160). In addition, the

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parties are cautioned that pursuant to Local Rule 78-230(c), opposition to the granting of a

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motion must be filed fourteen days preceding the noticed hearing date. The Rule further provides

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that “[n]o party will be entitled to be heard in opposition to a motion at oral arguments if written

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opposition to the motion has not been timely filed by that party.” Moreover, Local Rule 78-

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230(j) provides that failure to appear may be deemed withdrawal of opposition to the motion or

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may result in sanctions. Finally, Local Rule 11-110 provides that failure to comply with the

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Local Rules “may be grounds for imposition of any and all sanctions authorized by statute or

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Rule or within the inherent power of the Court.”

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5. The Clerk shall send plaintiff copies (one for each defendant plus one for

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plaintiff) of the form, “Consent to Proceed Before United States Magistrate Judge,” with this

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order.

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DATED: May 25, 2011.

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/014;balt3003.status.set.rvsd

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