Galloway v. United States of America

Filing 13

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 7/31/13: Status (Pretrial Scheduling) Conference scheduled for August 5, 2013 is VACATED. Discovery due by 8/19/2013. Dispositive Motions filed by 10/24/2014. Final Pretrial Conference set for 1/5/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Bench Trial set for 3/3/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo---RICKY ROBERT GALLOWAY,
NO. CIV. 2:13-00265 WBS AC

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Plaintiff,
v.
UNITED STATES OF AMERICA,

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Defendant.
/

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----oo0oo---18
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 August 5, 2013, and makes the following findings
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and other orders without needing to consult with the parties any
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further.
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I.

SERVICE OF PROCESS

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The named defendant has been served and no further
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service is permitted without leave of court, good cause having
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been shown 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 is permitted except with leave of court, good cause

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having been shown under Fed. R. Civ. P. 16(b).

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Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

See Johnson v.

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon 28 U.S.C. § 1346(b).

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Venue is undisputed and is hereby found to be proper.
IV.

DISCOVERY

If the parties have not already done so, the parties

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shall serve the initial disclosures required by Federal Rule of

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Civil Procedure 26(a)(1) by no later than August 19, 2013.

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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 May 30, 2014.

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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 July 3, 2014.

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expert testimony intended solely for rebuttal and any other

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supplemental expert disclosures, experts shall be disclosed and

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reports produced in accordance with Federal Rule of Civil

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Procedure 26(a)(2) on or before August 4, 2014.

Defendant shall disclose experts and

With regard to

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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 September 19, 2014.

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

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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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The word

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been obeyed.

All motions to compel discovery must be noticed on

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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 September 19, 2014.

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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 October 24, 2014.

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noticed for the next available hearing date.

All motions shall be
Counsel are

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cautioned to refer to the local rules regarding the requirements

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for noticing and opposing such motions on the court’s regularly

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scheduled law and motion calendar.

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for January 5,

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2015 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

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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

Counsel shall file separate pretrial statements,

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In addition to

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days.
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.

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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.

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

TRIAL SETTING

The bench trial is set for March 3, 2015, at 9:00 a.m.

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The parties agree that the trial will be a bench trial and

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estimate that the trial will last three days.

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VIII. SETTLEMENT CONFERENCE

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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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The 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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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.

At least

If the settlement

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IX.

MODIFICATIONS TO SCHEDULING ORDER

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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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DATED: July 31, 2013

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