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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---11 12 STEPHEN R. DE SENA, NO. CIV. 2:11-1715 WBS GGH 13 14 15 16 17 18 19 20 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. / 21 ----oo0oo---22 STATUS (PRETRIAL SCHEDULING) ORDER 23 24 After reviewing the parties’ Joint Status Report, the 25 court hereby vacates the Status (Pretrial Scheduling) Conference 26 scheduled for October 17, 2011. 27 I. SERVICE OF PROCESS 28 The named defendants have been served and no further 1 1 service is permitted without leave of court, good cause having 2 been shown under Federal Rule of Civil Procedure 16(b). 3 II. JOINDER OF PARTIES/AMENDMENTS 4 No further joinder of parties or amendments to 5 pleadings will be permitted except with leave of court, good 6 cause having been shown under Federal Rule of Civil Procedure 7 16(b). 8 (9th Cir. 1992). 9 10 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 III. JURISDICTION/VENUE Jurisdiction is predicated upon the American National 11 Red Cross’s chartered power to “sue and be sued” in federal 12 court, Am. Nat’l Red Cross v. S.G., 505 U.S. 247, 257 (1992). 13 Venue is undisputed and is hereby found to be proper. 14 IV. DISCOVERY 15 The parties agreed to serve the initial disclosures 16 required by Federal Rule of Civil Procedure 26(a)(1) by no later 17 than November 7, 2011. 18 The parties shall disclose experts and produce reports 19 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 20 later than June 22, 2012. 21 intended solely for rebuttal, those experts shall be disclosed 22 and reports produced in accordance with Federal Rule of Civil 23 Procedure 26(a)(2) on or before July 6, 2012. With regard to expert testimony 24 All discovery, including depositions for preservation 25 of testimony, is left open, save and except that it shall be so 26 conducted as to be completed by July 30, 2012. 27 “completed” means that all discovery shall have been conducted so 28 that all depositions have been taken and any disputes relevant to 2 The word 1 discovery shall have been resolved by appropriate order if 2 necessary and, where discovery has been ordered, the order has 3 been obeyed. 4 the magistrate judge’s calendar in accordance with the local 5 rules of this court and so that such motions may be heard (and 6 any resulting orders obeyed) not later than July 30, 2012. All motions to compel discovery must be noticed on 7 V. 8 All motions, except motions for continuances, temporary 9 MOTION HEARING SCHEDULE restraining orders, or other emergency applications, shall be 10 filed on or before December 17, 2012. All motions shall be 11 noticed for the next available hearing date. 12 cautioned to refer to the local rules regarding the requirements 13 for noticing and opposing such motions on the court’s regularly 14 scheduled law and motion calendar. Counsel are 15 VI. FINAL PRETRIAL CONFERENCE 16 The Final Pretrial Conference is set for February 19, 17 2013, at 2:00 p.m. in Courtroom No. 5. 18 attended by at least one of the attorneys who will conduct the 19 trial for each of the parties and by any unrepresented parties. 20 The conference shall be Counsel for all parties are to be fully prepared for 21 trial at the time of the Pretrial Conference, with no matters 22 remaining to be accomplished except production of witnesses for 23 oral testimony. 24 and are referred to Local Rules 16-281 and 16-282 relating to the 25 contents of and time for filing those statements. 26 those subjects listed in Local Rule 16-281(b), the parties are to 27 provide the court with: (1) a plain, concise statement which 28 identifies every non-discovery motion which has been made to the Counsel shall file separate pretrial statements, 3 In addition to 1 court, and its resolution; (2) a list of the remaining claims as 2 against each defendant; and (3) the estimated number of trial 3 days. 4 In providing the plain, concise statements of 5 undisputed facts and disputed factual issues contemplated by 6 Local Rule 16-281(b)(3)-(4), the parties shall emphasize the 7 claims that remain at issue, and any remaining affirmatively pled 8 defenses thereto. 9 parties shall also prepare a succinct statement of the case, 10 If the case is to be tried to a jury, the which is appropriate for the court to read to the jury. 11 VII. TRIAL SETTING 12 The jury trial is set for April 16, 2013, at 9:00 a.m. 13 The parties estimate that the trial will last three to five court 14 days. 15 VIII. SETTLEMENT CONFERENCE 16 A Settlement Conference will be set at the time of the 17 Pretrial Conference. 18 the court whether they will stipulate to the trial judge acting 19 as settlement judge and waive disqualification by virtue thereof. 20 All parties should be prepared to advise Counsel are instructed to have a principal with full 21 settlement authority present at the Settlement Conference or to 22 be fully authorized to settle the matter on any terms. 23 seven calendar days before the Settlement Conference counsel for 24 each party shall submit a confidential Settlement Conference 25 Statement for review by the settlement judge. 26 judge is not the trial judge, the Settlement Conference 27 Statements shall not be filed and will not otherwise be disclosed 28 to the trial judge. 4 At least If the settlement 1 IX. MODIFICATIONS TO SCHEDULING ORDER 2 Any requests to modify the dates or terms of this 3 Scheduling Order, except requests to change the date of the 4 trial, may be heard and decided by the assigned Magistrate Judge. 5 All requests to change the trial date shall be heard and decided 6 only by the undersigned judge. 7 DATED: October 4, 2011 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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