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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 ----oo0oo---RICKY ROBERT GALLOWAY, NO. CIV. 2:13-00265 WBS AC 13 14 15 Plaintiff, v. UNITED STATES OF AMERICA, 16 Defendant. / 17 ----oo0oo---18 STATUS (PRETRIAL SCHEDULING) ORDER 19 After reviewing the parties’ Joint Status Report, the 20 court hereby vacates the Status (Pretrial Scheduling) Conference 21 scheduled for August 5, 2013, and makes the following findings 22 and other orders without needing to consult with the parties any 23 further. 24 I. SERVICE OF PROCESS 25 The named defendant has been served and no further 26 service is permitted without leave of court, good cause having 27 been shown under Federal Rule of Civil Procedure 16(b). 28 1 1 II. JOINDER OF PARTIES/AMENDMENTS 2 No further joinder of parties or amendments to 3 pleadings is permitted except with leave of court, good cause 4 having been shown under Fed. R. Civ. P. 16(b). 5 Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). See Johnson v. 6 III. JURISDICTION/VENUE 7 Jurisdiction is predicated upon 28 U.S.C. § 1346(b). 8 9 10 Venue is undisputed and is hereby found to be proper. IV. DISCOVERY If the parties have not already done so, the parties 11 shall serve the initial disclosures required by Federal Rule of 12 Civil Procedure 26(a)(1) by no later than August 19, 2013. 13 Plaintiff shall disclose experts and produce reports in 14 accordance with Federal Rule of Civil Procedure 26(a)(2) by no 15 later than May 30, 2014. 16 produce reports in accordance with Federal Rule of Civil 17 Procedure 26(a)(2) by no later than July 3, 2014. 18 expert testimony intended solely for rebuttal and any other 19 supplemental expert disclosures, experts shall be disclosed and 20 reports produced in accordance with Federal Rule of Civil 21 Procedure 26(a)(2) on or before August 4, 2014. Defendant shall disclose experts and With regard to 22 All discovery, including depositions for preservation 23 of testimony, is left open, save and except that it shall be so 24 conducted as to be completed by September 19, 2014. 25 “completed” means that all discovery shall have been conducted so 26 that all depositions have been taken and any disputes relevant to 27 discovery shall have been resolved by appropriate order if 28 necessary and, where discovery has been ordered, the order has 2 The word 1 been obeyed. All motions to compel discovery must be noticed on 2 the magistrate judge’s calendar in accordance with the local 3 rules of this court and so that such motions may be heard (and 4 any resulting orders obeyed) not later than September 19, 2014. 5 V. MOTION HEARING SCHEDULE 6 All motions, except motions for continuances, temporary 7 restraining orders, or other emergency applications, shall be 8 filed on or before October 24, 2014. 9 noticed for the next available hearing date. All motions shall be Counsel are 10 cautioned to refer to the local rules regarding the requirements 11 for noticing and opposing such motions on the court’s regularly 12 scheduled law and motion calendar. 13 VI. FINAL PRETRIAL CONFERENCE 14 The Final Pretrial Conference is set for January 5, 15 2015 at 2:00 p.m. in Courtroom No. 5. 16 attended by at least one of the attorneys who will conduct the 17 trial for each of the parties and by any unrepresented parties. 18 The conference shall be Counsel for all parties are to be fully prepared for 19 trial at the time of the Pretrial Conference, with no matters 20 remaining to be accomplished except production of witnesses for 21 oral testimony. 22 and are referred to Local Rules 281 and 282 relating to the 23 contents of and time for filing those statements. 24 those subjects listed in Local Rule 281(b), the parties are to 25 provide the court with: (1) a plain, concise statement which 26 identifies every non-discovery motion which has been made to the 27 court, and its resolution; (2) a list of the remaining claims as 28 against each defendant; and (3) the estimated number of trial Counsel shall file separate pretrial statements, 3 In addition to 1 2 days. In providing the plain, concise statements of 3 undisputed facts and disputed factual issues contemplated by 4 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 5 that remain at issue, and any remaining affirmatively pled 6 defenses thereto. 7 parties shall also prepare a succinct statement of the case, 8 which is appropriate for the court to read to the jury. 9 10 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. 11 The parties agree that the trial will be a bench trial and 12 estimate that the trial will last three days. 13 VIII. SETTLEMENT CONFERENCE 14 A Settlement Conference will be set at the time of the 15 Pretrial Conference. 16 the court whether they will stipulate to the trial judge acting 17 as settlement judge and waive disqualification by virtue thereof. 18 The parties should be prepared to advise Counsel are instructed to have a principal with full 19 settlement authority present at the Settlement Conference or to 20 be fully authorized to settle the matter on any terms. 21 seven calendar days before the Settlement Conference counsel for 22 each party shall submit a confidential Settlement Conference 23 Statement for review by the settlement judge. 24 judge is not the trial judge, the Settlement Conference 25 Statements shall not be filed and will not otherwise be disclosed 26 to the trial judge. At least If the settlement 27 IX. MODIFICATIONS TO SCHEDULING ORDER 28 Any requests to modify the dates or terms of this 4 1 Scheduling Order, except requests to change the date of the 2 trial, may be heard and decided by the assigned Magistrate Judge. 3 All requests to change the trial date shall be heard and decided 4 only by the undersigned judge. 5 DATED: July 31, 2013 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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