Plews v. Verizon Wireless

Filing 9

STAUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 7/5/13: The 7/8/2013 status (pretrial scheduling) conference is hereby VACATED; All discovery shall be completed by 12/24/2013; Designation of Expert Witnesses due by 8/30/2013, and any contradictory and /or rebuttal due by 9/30/2013; The last hearing date for a motion is 2/24/2014,commencing at 9:00 a.m.; The Final Pretrial Conference is set for 4/28/2014 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; Trial is set for 7/29/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)

Download PDF
1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE EASTERN DISTRICT OF CALIFORNIA 7 8 ROBERT DAVID PLEWS, Plaintiff, 9 v. 10 11 VERIZON WIRELESS, 12 Defendant.* ________________________________ ) ) ) ) ) ) ) ) ) ) 2:13-cv-00650-GEB-DAD STATUS (PRETRIAL SCHEDULING) ORDER 13 14 The status (pretrial scheduling) conference scheduled for 15 hearing on July 8, 2013, is vacated since the parties’ Joint Status 16 Report filed on June 24, 2013 (“JSR”) indicates the following Order 17 should issue. DISMISSAL OF DOE DEFENDANTS 18 19 Since Plaintiff has not justified Doe defendants remaining in 20 this action, Does 1-25 are dismissed. See Order Setting Status (Pretrial 21 Scheduling) Conference filed April 5, 2013, at 2 n.2 (indicating that if 22 justification 23 defendants would be dismissed). for “Doe” defendant allegations not provided Doe 24 SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT 25 No further service, joinder of parties or amendments to 26 pleadings is permitted, except with leave of Court for good cause shown. 27 28 * The caption has been amended according to the Dismissal of Doe Defendants portion of this Order. 1 1 DISCOVERY 2 All discovery shall be completed by December 24, 2013. In this 3 context, “completed” means that all discovery shall have been conducted 4 so that all depositions have been taken and any disputes relative to 5 discovery shall have been resolved by appropriate orders, if necessary, 6 and, where discovery has been ordered, the order has been complied with 7 or, alternatively, the time allowed for such compliance shall have 8 expired. 9 Each party shall comply with Federal Rule of Civil Procedure 10 26(a)(2)(B) and (C)’s initial expert witness disclosure requirements on 11 or before August 30, 2013, and any contradictory and/or rebuttal expert 12 disclosure authorized under Rule 26(a)(2)(D)(ii) on or before September 13 30, 2013. 14 MOTION HEARING SCHEDULE 15 The last hearing date for a motion is February 24, 2014, 16 commencing at 9:00 a.m.1 A motion shall be briefed as prescribed in Local 17 Rule 230. 18 19 The parties are cautioned that an untimely motion characterized as a motion in limine may be summarily denied. 20 FINAL PRETRIAL CONFERENCE 21 The final pretrial conference is set for April 28, 2014, at 22 1:30 p.m. The parties are cautioned that the lead attorney who WILL TRY 23 THE CASE for each party shall attend the final pretrial conference. In 24 addition, all persons representing themselves and appearing in propria 25 persona must attend the pretrial conference. 26 27 28 1 This time deadline does not apply to motions for continuances, temporary restraining orders, emergency applications, or motions under Rule 16(e) of the Federal Rules of Civil Procedure. 2 1 The parties are warned that non-trial worthy issues could be 2 eliminated sua sponte “[i]f the pretrial conference discloses that no 3 material facts are in dispute and that the undisputed facts entitle one 4 of the parties to judgment as a matter of law.” Portsmouth Square v. 5 S’holders Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985). 6 The parties shall file a JOINT pretrial statement no later 7 than seven (7) calendar days prior to the final pretrial conference. The 8 joint pretrial statement shall address the applicable portions of Local 9 Rule 281(b), and shall set forth each theory of liability (“claim”) and 10 affirmative defense which remains to be tried, and the ultimate facts on 11 which each theory/defense is based. Furthermore, each party shall 12 estimate the length of trial.2 The Court uses the parties’ joint pretrial 13 statement to prepare its final pretrial order and could issue the final 14 pretrial order without holding the scheduled final pretrial conference. 15 See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir. 1999)(“There is no 16 requirement that the court hold a pretrial conference.”). 17 If feasible, at the time of filing the joint pretrial 18 statement counsel shall also email it in a format compatible with 19 WordPerfect to: geborders@caed.uscourts.gov. 20 TRIAL SETTING 21 Trial shall commence at 9:00 a.m. on July 29, 2014. 22 IT IS SO ORDERED. 23 Dated: July 5, 2013 24 25 GARLAND E. BURRELL, JR. Senior United States District Judge 26 27 28 2 If a trial by jury has been preserved, the joint pretrial statement shall also state how much time each party desires for voir dire, opening statements, and closing arguments. 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?