Schneider v. Bank of America N.A et al

Filing 147

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/9/2014 SETTING a Status (Pretrial Scheduling) Conference for 11/12/2014 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; ORDERING the parties to file status reports b y 10/29/2014; WARNING all parties that a failure to obey federal or local rules, or order of this court, may result in dismissal of this action; REMINDING all parties of the responsibilities and requirements outlined in Local Rules 160, 230(c), 230(i) and 110. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER D. SCHNEIDER,

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No. 2:11-cv-2953-JAM-EFB PS

Plaintiff,
v.

ORDER

BANK OF AMERICA N.A., BANK OF
AMERICA MORTGAGE, BANK OF
AMERICA HOME LOAN SERVICING
LP, BALBOA INSURANCE CO., HOME
RETENTION GROUP, QUALITY LOAN
SERVICE CORP., CLIFF COLER, DOES
1-40,
Defendant.

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This case is before the undersigned pursuant to Eastern District of California Local Rule

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302(c)(21) and 28 U.S.C. § 636(b)(1). An initial status (pretrial scheduling) conference was

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scheduled before the previously assigned magistrate judge, but was vacated on March 6, 2012.

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ECF No. 64. Because this case is not currently scheduled pursuant to Federal Rule of Civil

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Procedure 16(b), a status (pretrial scheduling) conference will be set before the undersigned.

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Accordingly, it is hereby ORDERED that:

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1. A status (pretrial scheduling) conference is set for November 12, 2014, at 10:00 a.m. in

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Courtroom No. 8 before the undersigned.

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2. On or before October 29, 2014, the parties shall file status reports1 briefly describing

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the case and addressing the following:

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a. Progress in service of process

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b. Possible joinder of additional parties;

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c. Expected or desired amendment of pleadings;

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d. Jurisdiction and venue;

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e. Anticipated motions and their scheduling;

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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;

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g. Cut-off dates for discovery and law and motion, and dates for pretrial
conference and trial;2

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h. Special procedures, if any;

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i. Estimated trial time;

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j. Modifications of standard pretrial procedures due to the simplicity or

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complexity of the proceedings;

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

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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 matter

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acting as settlement judge and waiving disqualification by virtue of his as acting, or whether they

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prefer to have a settlement conference conducted before another judge; and

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/////

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The parties are encouraged, when possible, to file a joint status report.
In completing this portion of the status report(s), the parties are advised that Judge
Brennan’s typical pretrial schedule requires (1) initial expert disclosures to be made within
approximately sixty (60) days after the Status Conference; (2) motions to compel discovery to be
noticed for hearing within approximately sixty (60) days after the expert disclosure deadline; (3)
discovery to be completed within approximately thirty (30) days after the motion to compel
deadline; (4) all non−discovery law and motion to be noticed for hearing within approximately
sixty (60) days after the discovery completion date; (5) a final pretrial conference to be held
approximately ninety (90) days after the non−discovery law and motion deadline; and (6) trial to
commence approximately ninety (90) days after the final pretrial conference.
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n. Any other matters that may add to the just and expeditious disposition of this
matter.

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4. Failing to obey federal or local rules, or order of this court, may result in dismissal of

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this action. Even though the court will construe pro se pleadings liberally, pro se litigants must

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comply with the procedural rules.

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5. Plaintiff and counsel are reminded of their continuing duty to notify chambers

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immediately of any settlement or other disposition. See E.D. Cal. L.R. 160. In addition, the

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parties are cautioned that pursuant to Local Rule 230(c), opposition to granting of a motion must

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be filed fourteen days preceding the noticed hearing date. The Local Rule further provides that

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

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opposition to the motion has not been timely filed by that party.” Moreover, Local Rule 230(i)

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provides that failure to appear may be deemed withdrawal of opposition to the motion or may

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result in sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules

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“may be grounds for imposition of any and all sanctions authorized by statute or Rule or within

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the inherent power of the Court.”

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DATED: October 9, 2014.

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