De Sena v. American Red Cross

Filing 12

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge William B. Shubb on 10/4/11: Discovery due by 11/7/2011. Dispositive Motions filed by 12/17/2012. Final Pretrial Conference set for 2/19/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Jury Trial set for 4/16/2013 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEPHEN R. DE SENA,
NO. CIV. 2:11-1715 WBS GGH

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Plaintiff,
v.
AMERICAN RED CROSS OF
NORTHEASTERN CALIFORNIA,
AMERICAN RED CROSS a local
chapter of the AMERICAN RED
CROSS, THREE RIVERS CHAPTER,
AMERICAN RED CROSS a local
chapter of the AMERICAN RED
CROSS Does 1 through 25,
inclusive,
Defendants.
/

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STATUS (PRETRIAL SCHEDULING) ORDER

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After reviewing the parties’ Joint Status Report, the

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court hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for October 17, 2011.

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I.

SERVICE OF PROCESS

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The named defendants have been served and no further
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service is permitted without leave of court, good cause having

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been shown under Federal Rule of Civil Procedure 16(b).

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II.

JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendments to

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pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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(9th Cir. 1992).

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See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604

III. JURISDICTION/VENUE
Jurisdiction is predicated upon the American National

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Red Cross’s chartered power to “sue and be sued” in federal

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court, Am. Nat’l Red Cross v. S.G., 505 U.S. 247, 257 (1992).

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Venue is undisputed and is hereby found to be proper.

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IV.

DISCOVERY

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The parties agreed to serve the initial disclosures

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required by Federal Rule of Civil Procedure 26(a)(1) by no later

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than November 7, 2011.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than June 22, 2012.

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intended solely for rebuttal, those experts shall be disclosed

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and reports produced in accordance with Federal Rule of Civil

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Procedure 26(a)(2) on or before July 6, 2012.

With regard to expert testimony

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All discovery, including depositions for preservation

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of testimony, is left open, save and except that it shall be so

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conducted as to be completed by July 30, 2012.

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“completed” means that all discovery shall have been conducted so

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that all depositions have been taken and any disputes relevant to
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The word

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discovery shall have been resolved by appropriate order if

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necessary and, where discovery has been ordered, the order has

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

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rules of this court and so that such motions may be heard (and

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any resulting orders obeyed) not later than July 30, 2012.

All motions to compel discovery must be noticed on

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V.

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All motions, except motions for continuances, temporary

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MOTION HEARING SCHEDULE

restraining orders, or other emergency applications, shall be

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filed on or before December 17, 2012.

All motions shall be

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noticed for the next available hearing date.

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cautioned to refer to the local rules regarding the requirements

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for noticing and opposing such motions on the court’s regularly

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scheduled law and motion calendar.

Counsel are

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for February 19,

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2013, at 2:00 p.m. in Courtroom No. 5.

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attended by at least one of the attorneys who will conduct the

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trial for each of the parties and by any unrepresented parties.

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The conference shall be

Counsel for all parties are to be fully prepared for

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trial at the time of the Pretrial Conference, with no matters

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remaining to be accomplished except production of witnesses for

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oral testimony.

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and are referred to Local Rules 16-281 and 16-282 relating to the

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contents of and time for filing those statements.

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those subjects listed in Local Rule 16-281(b), the parties are to

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provide the court with: (1) a plain, concise statement which

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identifies every non-discovery motion which has been made to the

Counsel shall file separate pretrial statements,

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In addition to

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court, and its resolution; (2) a list of the remaining claims as

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against each defendant; and (3) the estimated number of trial

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days.

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In providing the plain, concise statements of

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undisputed facts and disputed factual issues contemplated by

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Local Rule 16-281(b)(3)-(4), the parties shall emphasize the

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claims that remain at issue, and any remaining affirmatively pled

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defenses thereto.

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parties shall also prepare a succinct statement of the case,

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If the case is to be tried to a jury, the

which is appropriate for the court to read to the jury.

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VII.

TRIAL SETTING

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The jury trial is set for April 16, 2013, at 9:00 a.m.

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The parties estimate that the trial will last three to five court

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days.

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VIII. SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the

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Pretrial Conference.

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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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All parties should be prepared to advise

Counsel are instructed to have a principal with full

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settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms.

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seven calendar days before the Settlement Conference counsel for

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.

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judge is not the trial judge, the Settlement Conference

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.
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At least

If the settlement

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IX.

MODIFICATIONS TO SCHEDULING ORDER

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Any requests to modify the dates or terms of this

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Scheduling Order, except requests to change the date of the

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trial, may be heard and decided by the assigned Magistrate Judge.

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All requests to change the trial date shall be heard and decided

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only by the undersigned judge.

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DATED: October 4, 2011

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