Johnson v. Lum et al

Filing 8

STATUS (Pre-trial Scheduling) ORDER signed by Judge John A. Mendez on 7/26/11: Designation of Expert Witnesses due by 8/3/2012. Discovery due by 10/5/2012. Dispositive Motions filed by 11/7/2012. Final Pretrial Conference set for 1/18/2013 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 2/25/2013 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SCOTT N. JOHNSON, 11 CIV. S-11-1159 JAM GGH 12 13 Plaintiff, v. STATUS (Pre-trial Scheduling) ORDER 14 WILLIAM C. LUM, et al 15 Defendants. / 16 17 18 After review of the Joint Status Report, the court makes the following order: 19 20 SERVICE OF PROCESS All parties defendant to this lawsuit have been served and 21 no further service will be permitted except with leave of court, 22 good cause having been shown. 23 24 JOINDER OF ADDITIONAL PARTIES/AMENDMENTS No further joinder of parties or amendments to pleadings is 25 permitted except with leave of court, good cause having been 26 shown. 1 1 2 JURISDICTION AND VENUE Jurisdiction and venue are not contested. 3 4 FICTITIOUSLY-NAMED DEFENDANTS This action, including any counterclaims, cross-claims, and 5 third party complaints is hereby DISMISSED as to all DOE or other 6 fictitiously-named defendants. 7 8 9 MOTION HEARINGS SCHEDULES All dispositive motions shall be filed by November 7, 2012. Hearing on such motions shall be on December 5, 2012 at 9:30 a.m. 10 The parties are reminded of the notice requirements as outlined 11 in Local Rule 78-230(b). 12 The time deadline for dispositive motions does not apply to 13 motions for continuances, temporary restraining orders or other 14 emergency applications. 15 16 All purely legal issues are to be resolved by timely pre- 17 trial motions. 18 are procedural devices designed to address the admissibility of 19 evidence and are cautioned that the court will look with disfavor 20 upon substantive motions presented at the final pre-trial 21 conference or at trial in the guise of motions in limine. 22 parties are further cautioned that if any legal issue which 23 should have been tendered to the court by proper pre-trial motion 24 requires resolution by the court after the established law and 25 motion cut-off date, substantial sanctions may be assessed for 26 the failure to file the appropriate pre-trial motion. The parties are reminded that motions in limine 2 The 1 Unless prior permission has been granted, memoranda of law 2 in support of and in opposition to motions are limited to twenty- 3 five (25) pages, and reply memoranda are limited to ten (10) 4 pages. 5 briefs to circumvent this rule. 6 The parties are also cautioned against filing multiple DISCOVERY 7 All discovery shall be completed by October 5, 2012. 8 this context, "completed" means that all discovery shall have 9 been conducted so that all depositions have been taken and any In 10 disputes relative to discovery shall have been resolved by 11 appropriate order if necessary and, where discovery has been 12 ordered, the order has been complied with. 13 DISCLOSURE OF EXPERT WITNESSES 14 The parties shall make expert witness disclosures under 15 Fed. R. Civ. P. 26(a)(2) by August 3, 2012. 16 disclosure and disclosure of any rebuttal experts under 17 Fed. R. Civ. P. 26(a)(2)(c) shall be made by August 10, 2012. 18 Supplemental Failure of a party to comply with the disclosure schedule as 19 set forth above in all likelihood will preclude that party from 20 calling the expert witness at the time of trial absent a showing 21 that the necessity for the witness could not have been reasonably 22 anticipated at the time the disclosures were ordered and that the 23 failure to make timely disclosure did not prejudice any other 24 party. 25 26 See Fed. R. Civ. P. 37(c). All experts designated are to be fully prepared at the time of designation to render an informed opinion, and give their 3 1 reasons therefore, so that they will be able to give full and 2 complete testimony at any deposition taken by the opposing 3 parties. 4 as to any information gathered or evaluated, or opinion formed, 5 after deposition taken subsequent to designation. Experts will not be permitted to testify at the trial 6 JOINT MID-LITIGATION STATEMENTS 7 Not later than fourteen (14) days prior to the close of 8 discovery, the parties shall file with the court a brief joint 9 statement summarizing all law and motion practice heard by the 10 court as of the date of the filing of the statement, whether the 11 court has disposed of the motion at the time the statement is 12 filed and served, and the likelihood that any further motions 13 will be noticed prior to the close of law and motion. 14 of this statement shall not relieve the parties or counsel of 15 their obligation to timely notice all appropriate motions as set 16 forth above. 17 18 The filing FINAL PRE-TRIAL CONFERENCE The final pre-trial conference is set for January 18, 2013 19 at 10:00 a.m. 20 for a given party shall attend the final pretrial conference on 21 behalf of that party; provided, however, that if by reason of 22 illness or other unavoidable circumstance the trial attorney is 23 unable to attend, the attorney who attends in place of the trial 24 attorney shall have equal familiarity with the case and equal 25 authorization to make commitments on behalf of the client. 26 pro se parties must attend the pre-trial conference. In each instance an attorney who will try the case 4 All 1 Counsel for all parties and all pro se parties are to be 2 fully prepared for trial at the time of the pre-trial conference, 3 with no matters remaining to be accomplished except production of 4 witnesses for oral testimony. 5 court, no later than seven days prior to the final pre-trial 6 conference, a joint pre-trial statement. 7 Also at the time of filing the Joint Pretrial Statement, counsel 8 are requested to e-mail the Joint Pretrial Statement in WPD or 9 Word format to Judge Mendez's assistant, Jane Pratt 10 11 The parties shall file with the at: jpratt@caed.uscourts.gov. Where the parties are unable to agree as to what legal or 12 factual issues are properly before the court for trial, they 13 should nevertheless list all issues asserted by any of the 14 parties and indicate by appropriate footnotes the disputes 15 concerning such issues. 16 shall, however, apply with respect to the matters to be included 17 in the joint pre-trial statement. 18 Rule 16-281, as modified herein, may be grounds for sanctions. 19 The parties are reminded that pursuant to Local Rule 20 16-281(b)(10) and (11) they are required to list in the final 21 pre-trial statement all witnesses and exhibits they propose to 22 offer at trial, no matter for what purpose. 23 not be contained in the body of the final pre-trial statement 24 itself, but shall be attached as separate documents so that the 25 court may attach them as an addendum to the final pre-trial 26 order. The provisions of Local Rule 16-281 Failure to comply with Local These lists shall The final pre-trial order will contain a stringent 5 1 standard for the offering at trial of witnesses and exhibits not 2 listed in the final pre-trial order, and the parties are 3 cautioned that the standard will be strictly applied. 4 other hand, the listing of exhibits or witnesses that a party 5 does not intend to offer will be viewed as an abuse of the 6 court's processes. 7 On the The parties are also reminded that pursuant to Rule 16, 8 Fed. R. Civ. P., it will be their duty at the final pre-trial 9 conference to aid the court in: (a) formulation and 10 simplification of issues and the elimination of frivolous claims 11 or defenses; (b) settling of facts which should properly be 12 admitted; and (c) the avoidance of unnecessary proof and 13 cumulative evidence. 14 joint pre-trial statement and participate in good faith at the 15 final pre-trial conference with these aims in mind. 16 do so may result in the imposition of sanctions which may include 17 monetary sanctions, orders precluding proof, elimination of 18 claims or defenses, or such other sanctions as the court deems 19 appropriate. 20 21 Counsel must cooperatively prepare the A failure to TRIAL SETTING Jury trial in this matter is set for February 25, 2013 at 22 9:00 a.m. 23 to 4 days. The parties estimate a trial length of approximately 3 24 25 26 6 1 SETTLEMENT CONFERENCE 2 No Settlement Conference is currently scheduled. 3 parties wish to have a settlement conference, one will be 4 scheduled at the final pretrial conference or at an earlier time 5 upon request of the parties. If the 6 7 8 9 10 11 12 OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER This Status Order will become final without further Order of Court unless objection is lodged within seven (7) days of the date of the filing of this Order. IT IS SO ORDERED. Dated: July 26, 2011 13 14 /s/ John A. Mendez JOHN A. MENDEZ United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 7

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