Spikes v. SAIC, Inc.

Filing 7

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 8/16/2013. Dispositive Motions filed by 6/2/2014. Final Pretrial Conference set for 8/18/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 10/15/2014 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---OZZIEVELT SPIKES, NO. CIV. 2:13-00333 WBS AC 13 14 15 Plaintiff, v. SAIC, INC., dba DELWARE SAIC, INC., and DOES 1-50 inclusive, 16 Defendant. 17 / 18 ----oo0oo---- 19 STATUS (PRETRIAL SCHEDULING) ORDER 20 After reviewing the parties’ Joint Status Report, the 21 court hereby vacates the Status (Pretrial Scheduling) Conference 22 scheduled for August 5, 2013, and makes the following findings 23 and other orders without needing to consult with the parties any 24 further. 25 I. SERVICE OF PROCESS 26 The named defendant has been served and no further 27 service is permitted without leave of court, good cause having 28 been shown under Federal Rule of Civil Procedure 16(b). 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 diversity jurisdiction 8 under 28 U.S.C. § 1332(a). 9 Venue is undisputed and is hereby found to be proper. 10 IV. DISCOVERY 11 If the parties have not already done so, the parties 12 shall serve the initial disclosures required by Federal Rule of 13 Civil Procedure 26(a)(1) by no later than August 16, 2013. 14 The parties shall disclose experts and produce reports 15 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 16 later than February 3, 2014. 17 intended solely for rebuttal and any other supplemental expert 18 disclosures, experts shall be disclosed and reports produced in 19 accordance with Federal Rule of Civil Procedure 26(a)(2) on or 20 before March 3, 2014. With regard to expert testimony 21 All discovery, including depositions for preservation 22 of testimony, is left open, save and except that it shall be so 23 conducted as to be completed by April 7, 2014. 24 “completed” means that all discovery shall have been conducted so 25 that all depositions have been taken and any disputes relevant to 26 discovery shall have been resolved by appropriate order if 27 necessary and, where discovery has been ordered, the order has 28 been obeyed. The word All motions to compel discovery must be noticed on 2 1 the magistrate judge’s calendar in accordance with the local 2 rules of this court and so that such motions may be heard (and 3 any resulting orders obeyed) not later than June April 7, 2014. 4 V. MOTION HEARING SCHEDULE 5 All motions, except motions for continuances, temporary 6 restraining orders, or other emergency applications, shall be 7 filed on or before June 2, 2014. 8 for the next available hearing date. 9 refer to the local rules regarding the requirements for noticing 10 and opposing such motions on the court’s regularly scheduled law 11 and motion calendar. All motions shall be noticed Counsel are cautioned to 12 VI. FINAL PRETRIAL CONFERENCE 13 The Final Pretrial Conference is set for August 18, 14 2014 at 2:00 p.m. in Courtroom No. 5. 15 attended by at least one of the attorneys who will conduct the 16 trial for each of the parties and by any unrepresented parties. 17 The conference shall be Counsel for all parties are to be fully prepared for 18 trial at the time of the Pretrial Conference, with no matters 19 remaining to be accomplished except production of witnesses for 20 oral testimony. 21 and are referred to Local Rules 281 and 282 relating to the 22 contents of and time for filing those statements. 23 those subjects listed in Local Rule 281(b), the parties are to 24 provide the court with: (1) a plain, concise statement which 25 identifies every non-discovery motion which has been made to the 26 court, and its resolution; (2) a list of the remaining claims as 27 against each defendant; and (3) the estimated number of trial 28 days. Counsel shall file separate pretrial statements, 3 In addition to 1 In providing the plain, concise statements of 2 undisputed facts and disputed factual issues contemplated by 3 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 4 that remain at issue, and any remaining affirmatively pled 5 defenses thereto. 6 parties shall also prepare a succinct statement of the case, 7 which is appropriate for the court to read to the jury. If the case is to be tried to a jury, the 8 VII. TRIAL SETTING 9 The jury trial is set for October 15, 2014, at 9:00 10 a.m. Plaintiff demands a jury trial in the Complaint and the 11 parties estimate that the trial will last five days. 12 VIII. SETTLEMENT CONFERENCE 13 A Settlement Conference will be set at the time of the 14 Pretrial Conference. 15 the court whether they will stipulate to the trial judge acting 16 as settlement judge and waive disqualification by virtue thereof. 17 The parties should be prepared to advise Counsel are instructed to have a principal with full 18 settlement authority present at the Settlement Conference or to 19 be fully authorized to settle the matter on any terms. 20 seven calendar days before the Settlement Conference counsel for 21 each party shall submit a confidential Settlement Conference 22 Statement for review by the settlement judge. 23 judge is not the trial judge, the Settlement Conference 24 Statements shall not be filed and will not otherwise be disclosed 25 to the trial judge. At least If the settlement 26 IX. MODIFICATIONS TO SCHEDULING ORDER 27 Any requests to modify the dates or terms of this 28 Scheduling Order, except requests to change the date of the 4 1 trial, may be heard and decided by the assigned Magistrate Judge. 2 All requests to change the trial date shall be heard and decided 3 only by the undersigned judge. 4 DATED: July 31, 2013 5 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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