O'Conner v. United States of America et al

Filing 14

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 2/16/12: The status (pretrial scheduling) conference set for hearing on 2/27/2012 is VACATED. All Discovery shall be completed BY 5/1/2013. The last hearing date for a mo tion is 7/1/2013, commencing at 9:00 a.m. The Final Pretrial Conference is SET for 9/9/2013 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. Trial is SET for 12/3/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)

1
2
3
4

IN THE UNITED STATES DISTRICT COURT

5

FOR THE EASTERN DISTRICT OF CALIFORNIA

6
7

CYNTHIA O’CONNER,
Plaintiff,

8
v.

9
10

UNITED STATES OF AMERICA,

11

Defendant.*
________________________________

)
)
)
)
)
)
)
)
)
)

2:11-cv-02803-GEB-CMK
STATUS (PRETRIAL SCHEDULING)
ORDER

12
13

The status (pretrial scheduling) conference scheduled for

14

hearing on February 27, 2012, is vacated since the parties’ Joint Status

15

Report filed on February 13, 2012 (“JSR”) indicates the following Order

16

should issue.

17

SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

18

No further service, joinder of parties or amendments to

19

pleadings is permitted, except with leave of Court for good cause shown.

20
21
22
23
24
25
26
27

*

The caption has been amended according to Defendant’s “Notice
of Substitution of United States of America as Federal Defendant” and
attached “Certification of Scope of Federal Employment” under 28 U.S.C.
§ 2679(d) of the Federal Tort Claims (“FTCA”), which were filed on
December 14, 2011. (ECF No. 7.) 28 U.S.C. § 2679(d)(1) prescribes: “Upon
certification by the Attorney General that the defendant employee was
acting within the scope of his office or employment at the time of the
incident out of which the claim arose, any civil action or proceeding
commenced upon such claim in a United States district court shall be
deemed an action against the United States . . . and the United States
shall be substituted as the party defendant.”

28
1

1

DISCOVERY

2

All discovery shall be completed by May 1, 2013. In this

3

context, “completed” means that all discovery shall have been conducted

4

so that all depositions have been taken and any disputes relative to

5

discovery shall have been resolved by appropriate orders, if necessary,

6

and, where discovery has been ordered, the order has been complied with

7

or, alternatively, the time allowed for such compliance shall have

8

expired.

9

Each party shall comply with Federal Rule of Civil Procedure

10

26(a)(2)(B) and (C)’s initial expert witness disclosure requirements on

11

or before December 3, 2012, and any contradictory and/or rebuttal expert

12

disclosure authorized under Rule 26(a)(2)(D)(ii) on or before January 3,

13

2013.

14

MOTION HEARING SCHEDULE

15

The last hearing date for a motion is July 1, 2013, commencing

16

at 9:00 a.m.1 A motion shall be briefed as prescribed in Local Rule 230.

17

The

parties

are

cautioned

that

an

untimely

motion

18

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

19

limine addresses the admissibility of evidence.

20

FINAL PRETRIAL CONFERENCE

21

The final pretrial conference is set for September 9, 2013, at

22

1:30 p.m. The parties are cautioned that the lead attorney who WILL TRY

23

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

24

addition, all persons representing themselves and appearing in propria

25

persona must attend the pretrial conference.

26
27
28

1

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.
2

1

The parties are warned that non-trial worthy issues could be

2

eliminated sua sponte “[i]f the pretrial conference discloses that no

3

material facts are in dispute and that the undisputed facts entitle one

4

of the parties to judgment as a matter of law.” Portsmouth Square v.

5

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

6

The parties shall file a JOINT pretrial statement no later

7

than seven (7) calendar days prior to the final pretrial conference. The

8

joint pretrial statement shall specify the issues for trial, including

9

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

10

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

11

joint pretrial statement to prepare its final pretrial order and could

12

issue the final pretrial order without holding the scheduled final

13

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

14

1999)

15

conference.”).

16

(“There

If

is

no

feasible,

requirement

at

the

that

time

of

the

court

filing

hold

the

a

pretrial

joint

pretrial

17

statement counsel shall also email it in a format compatible with

18

WordPerfect to: [e-mail].

19

TRIAL SETTING

20

Trial shall commence at 9:00 a.m. on December 3, 2013.

21

IT IS SO ORDERED.

22

Dated:

February 16, 2012

23
24
25

GARLAND E. BURRELL, JR.
United States District Judge

26
27
28
3