FDIC as Receiver for Home Savings of America v. Capper et al

Filing 7

ORDER signed by Magistrate Judge Dale A. Drozd on 10/26/2012 ORDERING Status Conference Reset for 12/14/2012 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd., each party is required to appear by counsel or if proceeding in propria persona, on his own behalf; plaintiff shall file a separate status report by 11/30/2012; and separate status report by defendant due by 12/7/2012. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOME SAVINGS OF AMERICA,
a federal savings and loan association,

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Plaintiff,

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No. 2:12-cv-1417 KJM DAD PS

vs.
JAMES J. CAPER, et al.,

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ORDER

Defendants,

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By order filed September 11, 2012, this matter was set for a Status (Pretrial

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Scheduling) Conference before the undersigned on November 2, 2012. (Doc. No. 5.) Pursuant

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to the September 11, 2012 order, plaintiff was ordered to file a status report on or before October

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19, 2012. The September 11, 2012 order also cautioned plaintiff that failure to file a status report

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could result in an order imposing an appropriate sanction. Nonetheless, the time for filing of

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plaintiff’s status report has passed and plaintiff has not filed a status report.

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The Status (Pretrial Scheduling) Conference set for November 2, 2012, will

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therefore be continued. Plaintiff is cautioned that further failure to file a status report or failure

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to appear at the status conference may result in an order imposing an appropriate sanction or in

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the recommendation that this action be dismissed for failure to prosecute. See Local Rules 110

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and 183.

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Accordingly, IT IS ORDERED that:

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1. The Status (Pretrial Scheduling) Conference set for November 2, 2012 is

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continued to Friday, December 14, 2012, at 10:00 a.m., at the United States District Court, 501

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I Street, Sacramento, California, in Courtroom No. 27, before the undersigned.

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2. Each party is required to appear at the Status Conference, either by counsel or,

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if proceeding in propria persona, on his own behalf. Any party may appear at the status

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conference telephonically if the party pre-arranges such appearance by contacting Pete Buzo, the

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courtroom deputy of the undersigned magistrate judge, at [phone], no later than 48 hours

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before the Status (Pretrial Scheduling) Conference; a land line telephone number must be

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provided.

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3. Plaintiff shall file and serve its own separate status report on or before

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November 30, 2012, and defendant shall file and serve his own separate status report on or

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before December 7, 2012. Each party’s status report shall address all of the following matters:

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a.

Progress of service of process;

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b.

Possible joinder of additional parties;

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c.

Possible 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.

Anticipated discovery and the scheduling thereof,
including disclosure of expert witnesses;

g.

Future proceedings, including the setting of
appropriate cut-off dates for discovery and for law
and motion, and the scheduling of a final pretrial
conference and trial;

h.

Modification of standard pretrial procedures
specified by the rules due to the relative simplicity
or complexity of the action;

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i.

Whether the case is related to any other case,
including matters in bankruptcy;

j.

Whether the parties will stipulate to the magistrate
judge assigned to this matter acting as settlement
judge, waiving any disqualification by virtue of his
so acting, or whether they prefer to have a
Settlement Conference before another magistrate
judge;

k.

Whether the parties intend to consent to proceed before a
United States Magistrate Judge; and

l.

Any other matters that may aid in the just and
expeditious disposition of this action.

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4. The parties are again cautioned that failure to file a status report or failure to

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appear at the status conference may result in an order imposing an appropriate sanction,

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including a possible recommendation that this action be dismissed due to plaintiff’s failure to

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prosecute. See Local Rules 110 and 183.

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DATED: October 26, 2012.

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DAD:6
Ddad1\orders.pro se\FDIC1417.ossc2

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