Bunce v Ocwen

Filing 24

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 8/28/13. The Status (Pretrial Scheduling) Conference set for 9/3/2013 is hereby VACATED. The parties shall serve the initial disclosures no later than 10/4/2013. Designatio n of Expert Witnesses due by 12/13/2014 and any rebuttal and any other supplemental expert disclosures due on or before 1/24/2014. All discovery shall be completed by 3/28/2014. All motions to compel discovery may be heard not later than 3/28/2014. A ll motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 5/16/2014. The Final Pretrial Conference is SET for 7/21/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial is SET for 9/23/2014 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties estimate that a jury trial will last three days. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo---JAMES V. BUNCE,
NO. CIV. 2:13-00976 WBS EFB

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Plaintiff,
v.
OCWEN LOAN SERVICING, LLC,

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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 September 3, 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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Defendant has yet to file a responsive pleading to

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plaintiff’s First Amended Complaint.

Defendant shall file its

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response within five court days from the date of this Order.1

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After defendant has filed its responsive pleading, no further

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joinder of parties or amendments to pleadings is permitted except

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with leave of court, good cause having been shown under Fed. R.

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Civ. P. 16(b).

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F.2d 604 (9th Cir. 1992).

See Johnson v. Mammoth Recreations, Inc., 975

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon diversity jurisdiction

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under 28 U.S.C. § 1332.

Venue is undisputed and is hereby found

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to be proper.

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IV.

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The parties shall serve the initial disclosures

DISCOVERY

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required by Federal Rule of Civil Procedure 26(a)(1) by no later

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than October 4, 2013.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than December 13, 2013.

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intended solely for rebuttal and any other supplemental expert

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disclosures, experts shall be disclosed and reports produced in

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accordance with Federal Rule of Civil Procedure 26(a)(2) on or

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before January 24, 2014.

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With regard to expert testimony

All discovery, including depositions for preservation

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Pursuant to Fed. R. Civ. P. 12(a)(1)(A)(i), defendant’s
responsive pleading was due on August 26, 2013. No answer or
other responsive pleading is yet on file with the court.
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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 March 28, 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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been obeyed.

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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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The word

All motions to compel discovery must be noticed on

any resulting orders obeyed) not later than March 28, 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 May 16, 2014.

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for the next available hearing date.

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refer to the local rules regarding the requirements for noticing

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and opposing such motions on the court’s regularly scheduled law

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and motion calendar.

All motions shall be noticed
Counsel are cautioned to

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for July 21, 2014,

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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

Counsel shall file separate pretrial statements,

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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

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days.

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In addition to

In providing the plain, concise statements of
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.

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

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VII.

TRIAL SETTING

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The jury trial is set for September 23, 2014 at 9:00

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a.m.

Plaintiff requests a jury trial and the parties estimate

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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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At least

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Statement for review by the settlement judge.

If the settlement

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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.

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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: August 28, 2013

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