Fifth Third Bank v. Scheibli

Filing 18

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge William B. Shubb on 5/24/12: Discovery due by 6/1/2012. Dispositive Motions filed by 12/17/2012. Final Pretrial Conference set for 3/4/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Jury Trial set for 5/7/2013 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

----oo0oo---FIFTH THIRD BANK,
NO. CIV. 2:12-427 WBS CKD

13

Plaintiff,

14
15

v.
MICHAEL SCHEILBLI and INDERJIT
GREWAL,

16
Defendants.
17

/

18
----oo0oo---19
20

STATUS (PRETRIAL SCHEDULING) ORDER

21

After reviewing the parties’ Joint Status Report, the

22

court hereby vacates the Status (Pretrial Scheduling) Conference

23

scheduled for May 29, 2012.

24

I.

SERVICE OF PROCESS

25

The named defendants have been served and no further

26

service is permitted without leave of court, good cause having

27

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

28

///
1

1

II.

JOINDER OF PARTIES/AMENDMENTS

2

No further joinder of parties or amendments to

3

pleadings will be permitted except with leave of court, good

4

cause having been shown under Federal Rule of Civil Procedure

5

16(b).

6

(9th Cir. 1992).

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

7

III. JURISDICTION/VENUE

8

Jurisdiction is predicated upon diversity of

9
10

citizenship, 28 U.S.C. § 1332.

Venue is undisputed and is hereby

found to be proper.

11

IV.

DISCOVERY

12

The parties shall serve the initial disclosures

13

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

14

than June 1, 2012.

15

The parties shall disclose experts and produce reports

16

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

17

later than September 14, 2012.

18

intended solely for rebuttal, those experts shall be disclosed

19

and reports produced in accordance with Federal Rule of Civil

20

Procedure 26(a)(2) on or before October 12, 2012.

With regard to expert testimony

21

All discovery, including depositions for preservation

22

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

23

conducted as to be completed by November 1, 2012.

24

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

25

that all depositions have been taken and any disputes relevant to

26

discovery shall have been resolved by appropriate order if

27

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

28

been obeyed.

The word

All motions to compel discovery must be noticed on
2

1

the magistrate judge’s calendar in accordance with the local

2

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

3

any resulting orders obeyed) not later than November 1, 2012.

4

V.

MOTION HEARING SCHEDULE

5

All motions, except motions for continuances, temporary

6

restraining orders, or other emergency applications, shall be

7

filed on or before December 17, 2012.

8

noticed for the next available hearing date.

9

cautioned to refer to the local rules regarding the requirements

10

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

11

scheduled law and motion calendar.

All motions shall be
Counsel are

12

VI.

FINAL PRETRIAL CONFERENCE

13

The Final Pretrial Conference is set for March 4, 2013,

14

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

15

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

16

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

17

The conference shall be

Counsel for all parties are to be fully prepared for

18

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

19

remaining to be accomplished except production of witnesses for

20

oral testimony.

21

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

22

contents of and time for filing those statements.

23

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

24

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

25

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

26

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

27

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

28

days.

Counsel shall file separate pretrial statements,

3

In addition to

1

In providing the plain, concise statements of

2

undisputed facts and disputed factual issues contemplated by

3

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

4

that remain at issue, and any remaining affirmatively pled

5

defenses thereto.

6

parties shall also prepare a succinct statement of the case,

7

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

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

8

VII.

9

The trial is set for May 7, 2013, at 9:00 a.m.

10

TRIAL SETTING
The

parties estimate that a jury trial will last two court days.

11

VIII. SETTLEMENT CONFERENCE

12

A Settlement Conference will be set at the time of the

13

Pretrial Conference.

14

the court whether they will stipulate to the trial judge acting

15

as settlement judge and waive disqualification by virtue thereof.

16

All parties should be prepared to advise

Counsel are instructed to have a principal with full

17

settlement authority present at the Settlement Conference or to

18

be fully authorized to settle the matter on any terms.

19

seven calendar days before the Settlement Conference counsel for

20

each party shall submit a confidential Settlement Conference

21

Statement for review by the settlement judge.

22

judge is not the trial judge, the Settlement Conference

23

Statements shall not be filed and will not otherwise be disclosed

24

to the trial judge.

At least

If the settlement

25

IX.

MODIFICATIONS TO SCHEDULING ORDER

26

Any requests to modify the dates or terms of this

27

Scheduling Order, except requests to change the date of the

28

trial, may be heard and decided by the assigned Magistrate Judge.
4

1

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

2

only by the undersigned judge.

3

DATED: May 24, 2012

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5