Samuels v. Owens-Brockway Glass Container Inc.

Filing 11

STATUS (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; Plaintiff has until 9/30/2013, to file a motion in which leave is sought to file an Ame nded Complaint to add a new defendant; the parties have until 12/2/2013, to file a motion in which leave is sought to amend their pleadings in response to information obtained during discovery; All discovery shall be completed by 10/14/2014; Designa tion of Expert Witnesses due by 4/7/2014, and any contradictory and/or rebuttal expert disclosure is due by 5/5/2014; The last hearing date for a motion is 12/22/2014 at 9:00 a.m.; The Final Pretrial Conference is set for 2/23/2015 at 11:00 AM in C ourtroom 10 (GEB) before Judge Garland E. Burrell, Jr.., A joint pretrial statement shall be filed no later than seven (7) calendar days prior to the final pretrial conference; Trial is set for 5/19/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELIZABETH SAMUELS,

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Plaintiff,

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v.

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OWENS-BROCKWAY GLASS CONTAINER,
INC.; and DOES I through V,

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Defendants.
________________________________

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2:13-cv-00713-GEB-DAD
STATUS (PRETRIAL SCHEDULING)
ORDER

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The status (pretrial scheduling) conference scheduled for

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hearing on July 8, 2013, is vacated since the parties’ Joint Status

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Report filed on June 24, 2013 (“JSR”) indicates the following Order

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should issue.
DOE DEFENDANTS, SERVICE, AMENDMENT

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Plaintiff states in the JSR that she “does not anticipate

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joining

additional

parties

unless

discovery

indicates

that

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Owens-Illinois, Inc., whom Defendant identified as an Interested Party,

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should be a defendant in this action or that other parties should be

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joined. Plaintiff will effect any joinders, if necessary, by September

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30, 2013.” (JSR 2:8-11, ECF No. 8.)

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The parties also state in the JSR that “they do not presently

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anticipate the need for amendments of the pleadings[,]” but that if

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“discovery reveals” any amendments are necessary, they “shall be filed

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by December 1, 2013.”

(Id. at 2:13-14.)

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Therefore, Plaintiff has until September 30, 2013, to file a

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motion in which leave is sought to file an Amended Complaint to add a

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new defendant. If leave is not sought as stated, Does I through V will

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be automatically dismissed from this action.

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Further, the parties have until December 2, 2013, to file a

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motion in which leave is sought under Federal Rule of Civil Procedure

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15(a) to amend their pleadings in response to information obtained

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during discovery.

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The referenced motions must be noticed for hearing on the
Court’s earliest available law and motion date.

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No further service, joinder of parties, or amendments to

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pleadings is permitted, except with leave of Court for good cause shown.

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ADDED DEFENDANT’S OPPORTUNITY TO SEEK AMENDMENT OF THIS ORDER

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If Plaintiff joins a party pursuant to the leave given above,

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a copy of this Order shall be served on that defendant concurrently with

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the service of process.

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That defendant has 30 days after said service within which to

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file a “Notice of Proposed Modification of Status Order.” Although a

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newly-joined party’s proposed modification filed within this thirty day

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period will not have to meet the good cause standard, no further

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amendments will be permitted, except with leave of Court for good cause

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shown.

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DISCOVERY

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All discovery shall be completed by October 14, 2014. In this

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context, “completed” means that all discovery shall have been conducted

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so that all depositions have been taken and any disputes relative to

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discovery shall have been resolved by appropriate orders, if necessary,

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and, where discovery has been ordered, the order has been complied with
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or, alternatively, the time allowed for such compliance shall have

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expired.

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Each party shall comply with Federal Rule of Civil Procedure

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26(a)(2)(B) and (C)’s initial expert witness disclosure requirements on

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or before April 7, 2014, and any contradictory and/or rebuttal expert

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disclosure authorized under Rule 26(a)(2)(D)(ii) on or before May 5,

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2014.

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MOTION HEARING SCHEDULE

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The last hearing date for a motion is December 22, 2014,

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commencing at 9:00 a.m.1 A motion shall be briefed as prescribed in Local

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Rule 230.

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The

parties

are

cautioned

that

an

untimely

motion

characterized as a motion in limine may be summarily denied.

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FINAL PRETRIAL CONFERENCE

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The final pretrial conference is set for February 23, 2015, at

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11:00 a.m. The parties are cautioned that the lead attorney who WILL TRY

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THE CASE for each party shall attend the final pretrial conference. In

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addition, all persons representing themselves and appearing in propria

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persona must attend the pretrial conference.

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The parties are warned that non-trial worthy issues could be

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eliminated sua sponte “[i]f the pretrial conference discloses that no

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material facts are in dispute and that the undisputed facts entitle one

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of the parties to judgment as a matter of law.” Portsmouth Square v.

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S’holders Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985).

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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.
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The parties shall file a JOINT pretrial statement no later

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than seven (7) calendar days prior to the final pretrial conference. The

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joint pretrial statement shall address the applicable portions of Local

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Rule 281(b), and shall set forth each theory of liability (“claim”) and

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affirmative defense which remains to be tried, and the ultimate facts on

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which each theory/defense is based. Furthermore, each party shall

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estimate the length of trial.2 The Court uses the parties’ joint pretrial

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statement to prepare its final pretrial order and could issue the final

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pretrial order without holding the scheduled final pretrial conference.

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See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir. 1999)(“There is no

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requirement that the court hold a pretrial conference.”).

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If

feasible,

at

the

time

of

filing

the

joint

pretrial

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statement counsel shall also email it in a format compatible with

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WordPerfect to: [e-mail].

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TRIAL SETTING

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Trial shall commence at 9:00 a.m. on May 19, 2015.

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IT IS SO ORDERED.

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Dated:

July 5, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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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.
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