Johnson v. Labonte et al

Filing 15

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 11/7/11 ORDERING that the 11/14/11 status (pretrial scheduling) conference is VACATED. All discovery shall be completed BY 2/22/2013. Designation of Expert Witnesses is d ue BY 9/21/2012, and rebuttal expert disclosure is due BY 10/22/2012. The last hearing date for a motion is 4/22/2013, commencing at 9:00 a.m. The Final Pretrial Conference is SET for 6/17/2013 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E . Burrell, Jr.. The parties' joint pretrial statement shall be filed no later than seven calendar days prior to the final pretrial conference. Trial is SET for 9/24/2013 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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SCOTT N. JOHNSON,
Plaintiff,

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v.
JUDITH DANIELS LABONTE,
Individually and d/b/a Lou La
Bontes; PET XING, INC.,
Individually and d/b/a Pet
Xing; ROBIN GIFFIN II,
Individually and d/b/a
Millenium Smoke Shop; MILLENIUM
SMOKE SHOP CORPORATION,
Defendants.
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2:11-cv-01251-GEB-GGH
STATUS (PRETRIAL SCHEDULING)
ORDER

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The status (pretrial scheduling) conference scheduled for

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hearing on November 14, 2011, is vacated since the parties’ Joint Status

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Report filed on October 31, 2011 (“JSR”) indicates the following Order

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should issue.

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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 February 22, 2013. 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)(B) and (C)’s initial expert witness disclosure requirements on

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or before September 21, 2012, and any contradictory and/or rebuttal

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expert disclosure authorized under Rule 26(a)(2)(D)(ii) on or before

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October 22, 2012.

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MOTION HEARING SCHEDULE

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The

last

hearing

date

for

a

motion

is

April

22,

2013,

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commencing at 9:00 a.m.1 A motion shall be briefed as prescribed in Local

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Rule 230.

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The

parties

are

cautioned

that

an

untimely

motion

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characterized as a motion in limine may be summarily denied. A motion in

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limine addresses the admissibility of evidence.

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FINAL PRETRIAL CONFERENCE

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The final pretrial conference is set for June 17, 2013, at

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2:30 p.m. The parties are cautioned that the lead attorney who WILL TRY

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

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addition, all persons representing themselves and appearing in propria

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persona must attend the pretrial conference.

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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.” Portsmouth Square v.

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

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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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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. The

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joint pretrial statement shall specify the issues for trial, including

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a description of each theory of liability and affirmative defense, and

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shall estimate the length of the trial.2 The Court uses the parties’

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joint pretrial statement to prepare its final pretrial order and could

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issue the final pretrial order without holding the scheduled final

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pretrial conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir.

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1999)

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(“There

is

no

requirement

that

the

court

hold

a

pretrial

joint

pretrial

conference.”).

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If

possible,

at

the

time

of

filing

the

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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 September 24, 2013.

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IT IS SO ORDERED.

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Dated:

November 7, 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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