Mindmaster v. Eliminator Works, Inc. et al

Filing 21

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge William B. Shubb on 10/10/12: The 10/15/2012 Status (Pretrial Scheduling) Conference is VACATED; All discovery shall be completed by 7/19/2013; All motions, except motions for continuances, tempo rary restraining orders, or other emergency applications, shall be filed on or before 8/30/2013; The Final Pretrial Conference is set for 12/9/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb; The Jury Trial is set for 2/4/2014 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MINDMASTER, California
sole proprietorship,

NO. CIV. 2:12-1640 WBS EFB

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Plaintiff,
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v.
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ELIMINATOR WORKS, INC., a
Texas corporation, and
MINDMAKER, a Texas company,

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Defendants.
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/

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STATUS (PRETRIAL SCHEDULING) ORDER

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After reviewing the parties’ Joint Status Report, the

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court hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for October 15, 2012, and makes the following findings

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and orders without needing to consult with the parties any

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further.

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I.

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The defendants have been served and no further service

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SERVICE OF PROCESS

is permitted without leave of court, good cause having been shown
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under Federal Rule of Civil Procedure 16(b).

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II.

JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendments to

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pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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(9th Cir. 1992).

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

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon federal question

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jurisdiction, 28 U.S.C. § 1331, because plaintiff’s claims arise

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under the Lanham Act, 15 U.S.C. § 1051 et seq.

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undisputed and is hereby found to be proper.

Venue is

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IV.

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The parties shall serve initial disclosures required by

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DISCOVERY

Federal Rule of Civil Procedure by October 15, 2012.

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Plaintiff shall disclose experts and produce reports in

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

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later than March 15, 2013.

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produce reports in accordance with Federal Rule of Civil

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Procedure 26(a)(2) by no later than April 26, 2013.

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to expert testimony intended solely for rebuttal, those experts

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shall be disclosed and reports produced in accordance with

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Federal Rule of Civil Procedure 26(a)(2) on or before June 7,

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2013.

Defendants shall disclose experts and

With regard

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All discovery, including depositions for preservation

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

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conducted as to be completed by July 19, 2013.

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

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that all depositions have been taken and any disputes relevant to

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discovery shall have been resolved by appropriate order if

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

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

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

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any resulting orders obeyed) not later than July 19, 2013.

All motions to compel discovery must be noticed on

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V.

MOTION HEARING SCHEDULE

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All motions, except motions for continuances, temporary

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restraining orders, or other emergency applications, shall be

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filed on or before August 30, 2013.

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for the next available hearing date.

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refer to the local rules regarding the requirements for noticing

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and opposing such motions on the court’s regularly scheduled law

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and motion calendar.

All motions shall be noticed
Counsel are cautioned to

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for December 9,

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2013, at 2:00 p.m. in Courtroom No. 5.

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

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

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The conference shall be

Counsel for all parties are to be fully prepared for

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

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remaining to be accomplished except production of witnesses for

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oral testimony.

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

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contents of and time for filing those statements.

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

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

Counsel shall file separate pretrial statements,

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In addition to

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

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

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

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days.

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In providing the plain, concise statements of

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undisputed facts and disputed factual issues contemplated by

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

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that remain at issue, and any remaining affirmatively pled

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defenses thereto.

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

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parties shall also prepare a succinct statement of the case,

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

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VII.

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The jury trial is set for February 4, 2014 at 9:00 a.m.

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TRIAL SETTING

The parties estimate that the trial will last four court days.

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VIII. SETTLEMENT CONFERENCE & VDRP

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The parties have expressed an interest in pursuing the

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Voluntary Dispute Resolution Program, which the parties may

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pursue pursuant to Eastern District Local Rule 271(c)(3).

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A Settlement Conference will be set at the time of the

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Pretrial Conference.

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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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All parties should be prepared to advise

Counsel are instructed to have a principal with full

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settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms.

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seven calendar days before the Settlement Conference counsel for

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.
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At least

If the settlement

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judge is not the trial judge, the Settlement Conference

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

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IX.

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Any requests to modify the dates or terms of this

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Scheduling Order, except requests to change the date of the

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

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

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only by the undersigned judge.

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MODIFICATIONS TO SCHEDULING ORDER

DATED: October 10, 2012

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