Kaddoura v. Dougherty et al

Filing 28

ORDER signed by Magistrate Judge Dale A. Drozd on 12/20/2013. All Discovery shall be conducted so as to be completed by 3/28/2014. Plaintiff shall disclose the names of any Expert Witnesses by 2/14/2014; defendant shall disclose any Expert Witnesses on or before 2/28/2014. All Law and Motion shall be submitted by 8/1/2014. (Marciel, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HOSAM KADDOURA, 12 Plaintiff, 13 14 15 No. 2:12-cv-2114 DAD PS v. ORDER MALCOLM DOUGHERTY, Director of California Department of Transportation, 16 Defendant. 17 18 READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES 19 WHICH THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL 20 AND PARTIES MUST COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS 21 ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER 22 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN 23 ORDER OF JUDGMENT. 24 Plaintiff, Hosam Kaddoura, proceeding pro se, commenced this action on August 25 14, 2012, by filing a complaint and paying the required filing fee. The parties have consented to 26 Magistrate Judge jurisdiction over this action pursuant to 28 U.S.C. ' 636(c)(1). (Dkt. No. 16.) 27 Pursuant to court order, a hearing was held on December 20, 2013, at 1:30 p.m., before the 28 ///// 1 1 undersigned. Plaintiff appeared on his own behalf. Attorney Navtej Singh Bassi appeared on 2 behalf of the defendant. 3 4 For the reasons stated on the record at the hearing, the court makes the following orders: 5 PREVIOUSLY SET DATES 6 All previously set deadlines and dates are hereby vacated. 7 MOTION HEARING SCHEDULES 8 All law and motion, except as to discovery, which is discussed below, shall be 9 conducted so as to be completed by August 1, 2014. The word “completed” in this context 10 means that all law and motion matters must be heard on or before the above date. Because this 11 date is not necessarily a date that will be set aside for law and motion hearings, it is incumbent 12 upon counsel and parties proceeding pro se to contact this court’s courtroom deputy, Pete Buzo, 13 at (916) 930-4128 sufficiently in advance so as to ascertain dates upon which law and motion will 14 be heard and to properly notice motions for hearing on or before the specified date. This 15 paragraph does not preclude the filing of motions for continuances, motions for temporary 16 restraining orders, and other emergency applications that are subject to special scheduling. 17 The parties shall refer to Local Rule 230 regarding the requirements for noticing a 18 non-discovery motion on the magistrate judge’s regularly scheduled law and motion calendar. 19 Counsel and parties proceeding pro se shall file and serve opposition OR a statement of 20 non-opposition to all properly noticed motions not later than fourteen (14) days preceding 21 the hearing date. Any reply shall be filed and served not later than seven (7) days preceding 22 the hearing date. 23 The parties should keep in mind that the purpose of law and motion is to narrow 24 and refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that 25 are susceptible to resolution without trial. To accomplish that purpose, the parties must identify 26 and fully research the issues presented by the case and then examine those issues in light of the 27 evidence gleaned through discovery. If it appears to counsel or a party proceeding pro se after 28 ///// 2 1 examining the legal issues and the facts that an issue can be resolved by pretrial motion, counsel 2 or the pro se party shall file an appropriate motion within the time set forth above. 3 ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY 4 PRETRIAL MOTION. Counsel and parties proceeding pro se are reminded that motions in 5 limine are procedural devices designed to address the admissibility of evidence. Counsel and 6 parties proceeding pro se are cautioned that the court will look with disfavor upon substantive 7 motions presented in the guise of motions in limine at the time of trial. Counsel and parties 8 proceeding pro se are further cautioned that if any legal issue that should have been tendered to 9 the court by pretrial motion must be resolved by the court after law and motion cutoff, substantial 10 sanctions may be levied against the attorney or the party proceeding pro se who failed to timely 11 file an appropriate motion. 12 DISCOVERY 13 All limitations on discovery set forth in the Federal Rules shall govern this action 14 absent further order of the court. All discovery shall be conducted so as to be completed by 15 March 28, 2014. The word “completed” in this context means that all discovery shall have been 16 conducted so that all depositions have been taken and any disputes relative to discovery shall 17 have been resolved by appropriate order if necessary and, where discovery has been ordered, the 18 order has been complied with. All discovery motions must be noticed on the magistrate judge’s 19 calendar in accordance with Local Rule 251. 20 On or before February 14, 2014, plaintiff shall disclose in a writing filed with the 21 court and served upon defendant the names of any experts he proposes to tender at trial. On or 22 before February 28, 2014, defendant shall disclose in a writing filed with the court and served 23 upon plaintiff’s counsel the names of any experts he proposes to tender at trial. On or before 24 March 7, 2014, plaintiff shall disclose in a writing filed with the court and served upon defendant 25 the names of any rebuttal experts he proposes to tender at trial. All experts so designated are to 26 be fully prepared to render an informed opinion at the time of designation so that they may fully 27 participate in any deposition taken by the opposing party. Experts will not be permitted to testify 28 at the trial as to any information gathered or evaluated, or opinion formed, after deposition taken 3 1 subsequent to designation. An expert witness not listed in the party’s designation of witnesses 2 will not be permitted to testify unless the party offering the witness demonstrates that: (a) the 3 necessity of the witness could not have been reasonably anticipated at the time the lists were 4 exchanged; (b) the court and opposing counsel were promptly notified upon discovery of the 5 witness; and (c) the witness was promptly proffered for deposition. 6 7 IT IS SO ORDERED. Dated: December 20, 2013 8 9 10 11 12 13 14 15 DAD:6 Ddad1\orders.consent\kaddoura2114.sched.ord2.docx 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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