Zarco v. Shredfast Mobile Data Destruction, Inc.

Filing 14

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 7/16/12: Discovery due by 8/7/2013. The last hearing date for a motion is October 7, 2013, at 9:00 a.m. Final Pretrial Conference set for 12/9/2013 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Trial set for 3/11/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARIO ALBERTO ZARCO,
Plaintiff,

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v.

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VECOPLAN, LLC, and TOTER, INC.

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Defendants.*
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2:12-cv-00826-GEB-CMK
STATUS (PRETRIAL SCHEDULING)
ORDER

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The status (pretrial scheduling) conference scheduled for

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hearing on July 23, 2012, is vacated since the parties’ Joint Status

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Report filed on July 6, 2012 (“JSR”) indicates the following Order

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should issue.
DISMISSAL OF DOE DEFENDANTS

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Since Plaintiff has not justified Doe defendants remaining in

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this action, the Doe defendants are dismissed. See Order Setting Status

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(Pretrial

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(indicating that if justification for “Doe” defendant allegations not

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provided Doe defendants would be dismissed).

Scheduling)

Conference

filed

March

30,

2012,

at

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n.2

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The caption has been amended according to the Dismissal of Doe
Defendants portion of this Order and Plaintiff’s Dismissal of Defendant
Shredfast Mobile Data Destruction, Inc. See ECF No. 1-1, 2:19-23.
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SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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No further service, joinder of parties or amendments to

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

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DISCOVERY

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All discovery shall be completed by August 7, 2013. In this

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

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

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

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

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

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expired.

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Each party shall comply with Federal Rule of Civil Procedure

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

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or before March 7, 2013, and any contradictory and/or rebuttal expert

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disclosure authorized under Rule 26(a)(2)(D)(ii) on or before April 8,

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2013.

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MOTION HEARING SCHEDULE

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The last hearing date for a motion is October 7, 2013,

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

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Rule 230.

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The

parties

are

cautioned

that

an

untimely

motion

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

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limine addresses the admissibility of evidence.

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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.
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FINAL PRETRIAL CONFERENCE

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

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11:00 a.m. The parties are cautioned that the lead attorney who WILL TRY

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

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addition, all persons representing themselves and appearing in propria

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persona must attend the pretrial conference.

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

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

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

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

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

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The parties shall file a JOINT pretrial statement no later

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

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joint pretrial statement shall address the applicable portions of Local

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Rule 281(b), and shall set forth each theory of liability (“claim”) and

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affirmative defense which remains to be tried, and the ultimate facts on

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which each theory/defense is based. Furthermore, each party shall

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estimate the length of trial.2 The Court uses the parties’ joint pretrial

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statement to prepare its final pretrial order and could issue the final

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pretrial order without holding the scheduled final pretrial conference.

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See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir. 1999)(“There is no

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requirement that the court hold a pretrial conference.”).

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If

feasible,

at

the

time

of

filing

the

joint

pretrial

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statement counsel shall also email it in a format compatible with

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WordPerfect to: [e-mail].

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If a trial by jury has been preserved, the joint pretrial
statement shall also state how much time each party desires for voir
dire, opening statements, and closing arguments.
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TRIAL SETTING

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Trial shall commence at 9:00 a.m. on March 11, 2014.

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FURTHER JOINT STATUS REPORT

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The parties shall file a further joint status report no later

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than July 23, 2012, in which they address only the status of the cross-

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complaint filed by former defendant Shredfast Mobile Data Destruction,

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Inc., which was filed in the Superior Court of the State of California -

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County of Sacramento before this action was removed.

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IT IS SO ORDERED.
Dated:

July 16, 2012

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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