Dunmore v. Dunmore

Filing 114

ORDER SETTING STATUS CONFERENCE signed by Magistrate Judge Allison Claire on 5/6/2013. Status (Pretrial Scheduling) Conference is SET for 6/12/2013 at 10:00 AM in Courtroom 26 (AC). (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN G. DUNMORE,
Plaintiff,

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vs.
JEREMY A. DUNMORE, et al.,
Defendants.

ORDER SETTING STATUS CONFERENCE
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No. 2:11-cv-2867 MCE AC PS

By order dated March 7, 2013, the court directed the parties to file a statement in

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accordance with Local Rule 270 should they wish to participate in a settlement conference in this

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case. ECF No. 110. The deadline for filing this statement has now passed, and the parties have

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failed to submit a statement. Accordingly, this matter will be set for scheduling.

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Pursuant to the provisions of Federal Rule of Civil Procedure 16 and Local Rule
16-240, IT IS HEREBY ORDERED that:
1. Failure to comply with the Federal Rules of Civil Procedure or Local Rules of

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Practice for the United States District Court, Eastern District of California, or orders of this

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court, may result in dismissal of this action. Even parties without counsel will be expected to

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comply with the procedural rules.
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2. A Status (Pretrial Scheduling) Conference is set for June 12, 2013 at 10:00

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a.m. in courtroom # 26 before the undersigned. All parties shall appear by counsel or in person

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if acting without counsel.

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3. Although the court is in receipt of the parties’ previously-filed status reports

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(ECF Nos. 96-97), the parties shall submit to the court and serve by mail on all other parties, no

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later than fourteen (14) days before the Status (Pretrial Scheduling) Conference, an amended

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status report1 addressing the following matters:

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a. Service of process;

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b. Possible joinder of additional parties;

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c. Any expected or desired amendment of the pleadings;

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d. Jurisdiction and venue;

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e. Anticipated motions and the scheduling thereof;

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f. The report required by Federal Rule of Civil Procedure 26 outlining the

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proposed discovery plan and its scheduling, including disclosure of expert witnesses;
g. Future proceedings, including setting appropriate cut-off dates for

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discovery and law and motion, and the scheduling of a pretrial conference and trial;

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h. Special procedures, if any;

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I. Estimated trial time;

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j. Modification of standard pretrial procedures specified by the rules due

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to the simplicity or complexity of the proceedings;

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k. Whether the case is related to any other cases, including bankruptcy;

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l. Whether a settlement conference should be scheduled;

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m. Whether counsel will stipulate to the magistrate judge assigned to this

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matter acting as settlement judge and waiving disqualification by virtue of her so acting, or

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The parties are encouraged, when possible, to file a joint status report.
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whether they prefer to have a settlement conference before another judge;

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n. Any other matters that may add to the just and expeditious disposition
of this matter.
4. Plaintiff and counsel are reminded of their continuing duty to notify chambers

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immediately of any settlement or other disposition (see Local Rule 16-160). In addition, the

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parties are cautioned that pursuant to Local Rule 78-230(c), opposition to the granting of a

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motion must be filed fourteen days preceding the noticed hearing date. The Rule further

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provides that “[n]o party will be entitled to be heard in opposition to a motion at oral arguments

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if written opposition to the motion has not been timely filed by that party.” Moreover, Local

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Rule 78-230(j) provides that failure to appear may be deemed withdrawal of opposition to the

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motion or may result in sanctions. Finally, Local Rule 11-110 provides that failure to comply

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with the Local Rules “may be grounds for imposition of any and all sanctions authorized by

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statute or Rule or within the inherent power of the Court.”

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DATED: May 6, 2013.

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ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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/mb;dunm2867.statusconf

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