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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HOSAM KADDOURA,

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Plaintiff,

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No. 2:12-cv-2114 DAD PS

v.

ORDER

MALCOLM DOUGHERTY, Director of
California Department of Transportation,

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Defendant.

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READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES

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WHICH THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL

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AND PARTIES MUST COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS

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ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER

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SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN

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ORDER OF JUDGMENT.

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Plaintiff, Hosam Kaddoura, proceeding pro se, commenced this action on August

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14, 2012, by filing a complaint and paying the required filing fee. The parties have consented to

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Magistrate Judge jurisdiction over this action pursuant to 28 U.S.C. ' 636(c)(1). (Dkt. No. 16.)

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Pursuant to court order, a hearing was held on December 20, 2013, at 1:30 p.m., before the

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undersigned. Plaintiff appeared on his own behalf. Attorney Navtej Singh Bassi appeared on

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behalf of the defendant.

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For the reasons stated on the record at the hearing, the court makes the following
orders:

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PREVIOUSLY SET DATES

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All previously set deadlines and dates are hereby vacated.

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MOTION HEARING SCHEDULES

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All law and motion, except as to discovery, which is discussed below, shall be

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conducted so as to be completed by August 1, 2014. The word “completed” in this context

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means that all law and motion matters must be heard on or before the above date. Because this

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date is not necessarily a date that will be set aside for law and motion hearings, it is incumbent

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upon counsel and parties proceeding pro se to contact this court’s courtroom deputy, Pete Buzo,

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at [phone] sufficiently in advance so as to ascertain dates upon which law and motion will

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be heard and to properly notice motions for hearing on or before the specified date. This

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paragraph does not preclude the filing of motions for continuances, motions for temporary

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restraining orders, and other emergency applications that are subject to special scheduling.

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The parties shall refer to Local Rule 230 regarding the requirements for noticing a

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non-discovery motion on the magistrate judge’s regularly scheduled law and motion calendar.

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Counsel and parties proceeding pro se shall file and serve opposition OR a statement of

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non-opposition to all properly noticed motions not later than fourteen (14) days preceding

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the hearing date. Any reply shall be filed and served not later than seven (7) days preceding

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the hearing date.

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The parties should keep in mind that the purpose of law and motion is to narrow

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and refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that

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are susceptible to resolution without trial. To accomplish that purpose, the parties must identify

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and fully research the issues presented by the case and then examine those issues in light of the

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evidence gleaned through discovery. If it appears to counsel or a party proceeding pro se after

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examining the legal issues and the facts that an issue can be resolved by pretrial motion, counsel

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or the pro se party shall file an appropriate motion within the time set forth above.

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ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY

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PRETRIAL MOTION. Counsel and parties proceeding pro se are reminded that motions in

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limine are procedural devices designed to address the admissibility of evidence. Counsel and

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parties proceeding pro se are cautioned that the court will look with disfavor upon substantive

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motions presented in the guise of motions in limine at the time of trial. Counsel and parties

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proceeding pro se are further cautioned that if any legal issue that should have been tendered to

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the court by pretrial motion must be resolved by the court after law and motion cutoff, substantial

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sanctions may be levied against the attorney or the party proceeding pro se who failed to timely

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file an appropriate motion.

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DISCOVERY

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All limitations on discovery set forth in the Federal Rules shall govern this action

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absent further order of the court. All discovery shall be conducted so as to be completed by

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March 28, 2014. The word “completed” in this context means that all discovery shall have been

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

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have been resolved by appropriate order if necessary and, where discovery has been ordered, the

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order has been complied with. All discovery motions must be noticed on the magistrate judge’s

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calendar in accordance with Local Rule 251.

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On or before February 14, 2014, plaintiff shall disclose in a writing filed with the

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court and served upon defendant the names of any experts he proposes to tender at trial. On or

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before February 28, 2014, defendant shall disclose in a writing filed with the court and served

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upon plaintiff’s counsel the names of any experts he proposes to tender at trial. On or before

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March 7, 2014, plaintiff shall disclose in a writing filed with the court and served upon defendant

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the names of any rebuttal experts he proposes to tender at trial. All experts so designated are to

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be fully prepared to render an informed opinion at the time of designation so that they may fully

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participate in any deposition taken by the opposing party. Experts will not be permitted to testify

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at the trial as to any information gathered or evaluated, or opinion formed, after deposition taken
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subsequent to designation. An expert witness not listed in the party’s designation of witnesses

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will not be permitted to testify unless the party offering the witness demonstrates that: (a) the

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necessity of the witness could not have been reasonably anticipated at the time the lists were

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exchanged; (b) the court and opposing counsel were promptly notified upon discovery of the

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witness; and (c) the witness was promptly proffered for deposition.

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IT IS SO ORDERED.
Dated: December 20, 2013

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DAD:6
Ddad1\orders.consent\kaddoura2114.sched.ord2.docx

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