Davis v. Hollins Law

Filing 24

STATUS (PRETRIAL SCHEDULING )ORDER signed by Judge Lawrence K. Karlton on 3/20/2013 ORDERING that all law and motion, except as to discovery, be heard by 9/5/2013; ORDERING that all Oppositions and Statements of Non-Oppositions be filed by 4:30 PM, 1 4 days prior to the hearing date; ORDERING that discovery be completed by 7/5/2013; ORDERING that all experts be designated 45 days prior to the close of discovery; ORDERING that Joint Mid-Litigation Statements be filed 14 days prior to the close of discovery; SETTING a Final Pretrial Conference for 12/2/2013 at 2:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton; ORDERING that a Joint Statement be filed 7 days prior to the Final Pretrial Conference; SETTING a Jury Trial for 3/11/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Michel, G)

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 MICHAEL DAVIS,
NO. CIV. S-12-3107 LKK/AC
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12

Plaintiff,
v.

13 HOLLINS LAW, A PROFESSIONAL
CORPORATION,
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Defendant.
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17

/

STATUS (PRETRIAL SCHEDULING) CONFERENCE
READ THIS ORDER CAREFULLY.

IT CONTAINS IMPORTANT DATES WHICH

18 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND
19 PARTIES MUST COMPLY.

A FAILURE TO COMPLY WITH THE TERMS OF THIS

20 ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER
21 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN
22 ORDER OF JUDGMENT.
23

Pursuant

to

court

order,

a

Status

(Pretrial

24 Conference was held in chambers on March 18, 2013.

Scheduling)
Douglas Baek

25 appeared telephonically as counsel for plaintiff; Tamara Heathcote
26 appeared telephonically as counsel for defendant.
1

After hearing,

1 the court makes the following findings and orders:
2

SERVICE OF PROCESS

3

All parties defendant have been served and no further service

4 is permitted except with leave of court, good cause having been
5 shown.
6

JOINDER OF PARTIES/AMENDMENTS

7

No further joinder of parties or amendments to pleadings is

8 permitted except with leave of court, good cause having been shown.
9 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir.
10 1992).
11

JURISDICTION/VENUE

12

Jurisdiction is predicated upon 15 U.S.C. § 1692k(d) and 28

13 U.S.C. § 1367, is undisputed, and is hereby found to be proper.
14 Venue is in dispute.
15

MOTION HEARING SCHEDULES

16

Plaintiff is to bring on a motion for change of venue within

17 fourteen (14) days from the date of this order.

All law and motion

18 except as to discovery is left open, save and except that it shall
19 be conducted so as to be completed by September 5, 2013.

The word

20 "completed" in this context means that all law and motion matters
21 must be heard by the above date.
22 necessarily

a

date

previously

set

Because this date is not
aside

for

law

and

motion

23 hearings, it is incumbent upon counsel to contact this court's
24 courtroom deputy, Ana Rivas at [phone], sufficiently in
25 advance so as to ascertain the dates upon which law and motion will
26 be heard and to properly notice its motion for hearing before that
2

1 date.

Counsel are cautioned to refer to Local Rule 230 regarding

2 the requirements for noticing such motions on the court's regularly
3 scheduled law and motion calendar. Opposition or statement of non4 opposition to all motions shall be filed not later than 4:30 p.m.
5 fourteen (14) days preceding the hearing date, or by proof of
6 service by mail not less than seventeen (17) days preceding the
7 hearing date.

This paragraph does not preclude motions for

8 continuances, temporary restraining orders or other emergency
9 applications, and is subject to any special scheduling set forth in
10 the "MISCELLANEOUS PROVISIONS" paragraph below.
11

At the time of filing a motion, opposition, or reply, counsel

12 are directed to email a copy in word processing format to

lkk-

13 [e-mail].
14

The parties should keep in mind that the purpose of law and

15 motion is to narrow and refine the legal issues raised by the case,
16 and

to

dispose

of

by

pretrial

motion

those

17 susceptible to resolution without trial.

issues

that

are

To accomplish that

18 purpose, the parties need to identify and fully research the issues
19 presented by the case, and then examine those issues in light of
20 the evidence gleaned through discovery.

If it appears to counsel

21 after examining the legal issues and facts that an issue can be
22 resolved by pretrial motion, counsel are to file the appropriate
23 motion by the law and motion cutoff set forth supra.
24

Unless prior permission has been granted, memoranda of law in

25 support of and in opposition to motions are limited to thirty (30)
26 pages, and reply memoranda are limited to fifteen (15) pages.
3

The

1 parties are also cautioned against filing multiple briefs to
2 circumvent this rule.
3

Where the parties bring motions for summary judgment, the

4 court will deem facts which are apparently undisputed as undisputed
5 under Fed. R. Civ. P. 56(e), unless specifically reserved and that
6 party tenders evidence to support the reservation.
7

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL

8 MOTION AND A FAILURE TO MAKE SUCH A MOTION WILL ORDINARILY BE
9 VIEWED AS A WAIVER AT THE TIME OF PRETRIAL.

COUNSEL ARE CAUTIONED

10 THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE BEEN TENDERED TO THE COURT
11 BY PRETRIAL MOTION MUST BE RESOLVED BY THE COURT AFTER LAW AND
12 MOTION CUTOFF, FOR INSTANCE WHERE THE ISSUE IS JURISDICTION,
13 SUBSTANTIAL SANCTIONS WILL BE LEVIED AGAINST COUNSEL WHO FAIL TO
14 TIMELY FILE AN APPROPRIATE MOTION.
15

Counsel are further reminded that motions in limine are

16 procedural

devices

designed

to

address

the

admissibility

of

17 evidence.

COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH

18 DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE GUISE OF MOTIONS
19 IN LIMINE

AT THE TIME OF TRIAL.

20

DISCOVERY

21

No modifications of the discovery requirements found in the

22 Federal Rules is ordered.
23

All discovery is left open, save and except that it shall be

24 so conducted as to be completed by July 5, 2013.

The word

25 "completed" means that all discovery shall have been conducted so
26 that all depositions have been taken and any disputes relative to
4

1 discovery

shall

have

been

resolved

by

appropriate

order

if

2 necessary and, where discovery has been ordered, the order has been
3 complied with.

Motions to compel discovery must be noticed on the

4 magistrate judge's calendar in accordance with the local rules of
5 this court and so that such motions will be heard not later than
6 June 5, 2013.

In this regard, all counsel are to designate in

7 writing and file with the court and serve upon all other parties a
8 final list of the names of all experts that they propose to tender
9 at trial not later than forty-five (45) days before the close of
10 discovery herein established.

All designated experts shall submit

11 written reports which counsel shall exchange at the time of
12 designation.

The contents of the report must comply with

13 Civ. P. 26 (a)(2)(B).

Fed. R.

All experts so designated are to be fully

14 prepared to render an informed opinion at the time of designation
15 so that they may fully participate in any deposition taken by the
16 opposing party.

Experts will not be permitted to testify at the

17 trial as to any information gathered or evaluated, or opinion
18 formed, after deposition taken subsequent to designation.
19

An expert witness not appearing on said lists will not be

20 permitted

to

testify

unless

the

party

offering

the

witness

21 demonstrates: (a) that the necessity of the witness could not have
22 been reasonably anticipated at the time the lists were exchanged;
23 (b) the court and opposing counsel were promptly notified upon
24 discovery of the witness; and (c) that the witness was promptly
25 proffered for deposition.
26 ////
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1

MID-LITIGATION STATEMENTS

2

Not later than fourteen (14) days prior to the close of

3 discovery, all parties shall file with the court and serve on all
4 other parties a brief statement summarizing all law and motion
5 practice heard by the court as of the date of the filing of the
6 statement, whether the court has disposed of the motion at the time
7 the statement is filed and served, and the likelihood that any
8 further motions will be noticed prior to the close of law and
9 motion. The filing of this statement shall not relieve the parties
10 or counsel of their obligation to timely notice all appropriate
11 motions as set forth above.
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FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is SET for December 2, 2013, at

14 2:00 p.m.

Counsel are cautioned that counsel appearing for

15 Pretrial will in fact try the matter.
16

Counsel for all parties are to be fully prepared for trial at

17 the time of the Pretrial Conference, with no matters remaining to
18 be accomplished except production of witnesses for oral testimony.
19 Counsel are referred to Local Rules 280 and 281 relating to the
20 contents of and time for filing Pretrial Statements.

In addition

21 to those subjects listed in Local Rule 281(b), the parties are to
22 provide the court with a plain, concise statement which identifies
23 every

non-discovery

24 resolution.

motion

tendered

to

the

court,

and

its

A FAILURE TO COMPLY WITH LOCAL RULES 280 AND 281 WILL

25 BE GROUNDS FOR SANCTIONS.
26

The parties shall file Separate Pretrial Statements, the
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1 contents and timing of which are set forth in Local Rule 281,
2 except that the parties are to prepare a JOINT STATEMENT with
3 respect to the undisputed facts and disputed factual issues of the
4 case.

See Local Rule 281(b)(3), (4), and (6).

The parties are

5 reminded to include in their joint statement all disputed and
6 undisputed special factual information as required by Local Rule
7 281(b)(6).

The joint statement shall be filed not less than seven

8 (7) days before the date set by the court for the holding of the
9 Final Pretrial Conference.
10

The undisputed facts and disputed factual issues are to be set

11 forth in two separate sections.

In each section, the parties

12 should identify first the general facts relevant to all causes of
13 action.

After identifying the general facts, the parties should

14 then identify those facts which are relevant to each separate cause
15 of action.

In this regard, the parties are to number each

16 individual fact or factual issue.

Where the parties are unable to

17 agree as to what factual issues are properly before the court for
18 trial, they should nevertheless list in the section on "DISPUTED
19 FACTUAL ISSUES" all issues asserted by any of the parties and
20 explain by parenthetical the controversy concerning each issue.
21 Each individual disputed fact or factual issue shall include the
22 following introductory language:

"Whether or not . . . ."

The

23 parties should keep in mind that, in general, each fact should
24 relate or correspond to an element of the relevant cause of action.
25 Notwithstanding

the

provisions

of

Local

Rule

281,

the

Joint

26 Statement of Undisputed Facts and Disputed Factual Issues is to be
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1 filed with the court concurrently with the filing of plaintiff's
2 Pretrial Statement. If the case is tried to a jury, the undisputed
3 facts will be read to the jury.
4

Pursuant to Local Rule 281(b)(10) and (11), the parties are

5 required

to

provide

in

their

Pretrial

Statements

a

list

of

6 witnesses and exhibits that they propose to proffer at trial, no
7 matter for what purpose. These lists shall not be contained in the
8 Pretrial Statement itself, but shall be attached as separate
9 documents to be used as addenda to the Final Pretrial Order.
10 Plaintiff's exhibits shall be listed

numerically; defendant's

11 exhibits shall be listed alphabetically.

In the event that the

12 alphabet is exhausted, defendant's exhibits shall be marked "2A-2Z,
13 3A-3Z, etc."

The Pretrial Order will contain a stringent standard

14 for the proffering of witnesses and exhibits at trial not listed in
15 the Pretrial Order.

Counsel are cautioned that the standard will

16 be strictly applied. On the other hand, the listing of exhibits or
17 witnesses which counsel do not intend to call or use will be viewed
18 as an abuse of the court's processes.
19

Pursuant to Local Rule 281(b)(12), a party is required to

20 provide a list of all answers to interrogatories and responses to
21 requests for admission that the party expects to offer at trial.
22 This list should include only those documents or portions thereof
23 which the party expects to offer in its case-in-chief.

Unless

24 otherwise barred by a rule of evidence or order of this court, the
25 parties remain free to tender appropriate discovery documents
26 during trial for such purposes as, but not limited to, impeachment
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1 or memory refreshment.
2

Pursuant

to

Local

Rule

281(b)(8),

the

parties'

Pretrial

3 Statements shall contain a "statement of legal theory, etc."

Each

4 party shall commence this section by specifying as to each claim
5 whether federal or state law governs, and if state law, the state
6 whose law is applicable.
7

Counsel are also reminded that, pursuant to Fed. R. Civ. P.

8 16, it will be their duty at the Pretrial Conference to aid the
9 court in (a) formulation and simplification of issues and the
10 elimination of frivolous claims or defenses; (b) settling of facts
11 which should be properly admitted; and (c) the avoidance of
12 unnecessary proof and cumulative evidence.

Counsel must prepare

13 their Pretrial Statements, and participate in good faith at the
14 Pretrial Conference, with these aims in mind.

A FAILURE TO DO SO

15 MAY RESULT IN THE IMPOSITION of SANCTIONS which may include
16 monetary sanctions, orders precluding proof, eliminations of claims
17 or

defenses,

or

such

other

sanctions

as

the

court

deems

18 appropriate.
19

TRIAL SETTING

20

Trial is SET for March 11, 2014, at 10:30 a.m.

21 by jury.

Trial will be

The parties represent in good faith that the trial will

22 take approximately two (2) days.
23

SETTLEMENT CONFERENCE

24

A Settlement Conference will be set before a judge other than

25 the trial judge at the time of the Pretrial Conference.
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Counsel

are

cautioned

to

have
9

a

principal

capable

of

1 disposition present at the Settlement Conference or to be fully
2 authorized to settle the matter on any terms and at the Settlement
3 Conference.
4

MISCELLANEOUS PROVISIONS

5

The parties are reminded that pursuant to Fed. R. Civ. P.

6 16(b), the Status (pretrial scheduling) Order shall not be modified
7 except by leave of court upon a showing of good cause.

Counsel are

8 cautioned

dates

that

changes

to

any

of

the

scheduled

will

9 necessarily result in changes to all other dates. Thus, even where
10 good cause has been shown, the court will not grant a request to
11 change the discovery cutoff date without modifying the pretrial and
12 trial dates.
13

Agreement by the parties pursuant to stipulation does not

14 constitute good cause. Nor does the unavailability of witnesses or
15 counsel, except in extraordinary circumstances, constitute good
16 cause.
17

The parties are reminded of their continuing obligation to

18 supplement their statements relative to the identification of
19 parent corporations and any publicly held company that owns 10% or
20 more of the party's stock within a reasonable time of any change in
21 the information.
22

The parties are admonished that they are not to cite or refer

23 to any of the quotations inscribed in the pavers on the front plaza
24 of the United States Courthouse in any written or oral presentation
25 to the court or a jury.
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There appear to be no other matters presently pending before
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1 the court that will aid the just and expeditious disposition of
2 this matter.
3

IT IS SO ORDERED.

4

DATED:

March 20, 2013.

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