Burch v. California Department of Motor Vehicles

Filing 49

ORDER signed by Magistrate Judge Dale A. Drozd on 11/7/14 ORDERING that A Status (Pretrial Scheduling) Conference is SET for Friday 12/19/2014 at 10:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Dozd. Plaintiff shall file and serve a status report on or before 12/5/2014, and defendant shall file and serve a status report on or before 12/12/2014. Defendant's 9/26/14 MOTION to COMPEL 35 is DENIED without prejudice to being re-noticed. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRIAN BURCH,

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No. 2:13-cv-1283 TLN DAD PS
Plaintiff,

v.

ORDER

CALIFORNIA DEPARTMENT OF
MOTOR VEHICLES,
Defendant.

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On November 6, 2014, the assigned District Judge granted a motion to withdraw filed by

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plaintiff’s former counsel and referred the matter to the undersigned pursuant to Local Rule

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302(c)(21). (Dkt. No. 47.) On November 7, 2014, the matter came before the undersigned for

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hearing of defendant’s motion to compel. (Dkt. No. 35.)

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For the reasons discussed at the November 7, 2014 hearing, and pursuant to the provisions
of Rule 16 of the Federal Rules of Civil Procedure, IT IS ORDERED that:
1. A Status (Pretrial Scheduling) Conference is set for Friday, December 19, 2014, at

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10:00 a.m., at the United States District Court, 501 I Street, Sacramento, California, in

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Courtroom No. 27, before the undersigned.

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2. Each party is required to appear at the Status Conference, either by counsel or, if
proceeding in propria persona, on his own behalf. Any party may appear at the status conference
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telephonically if the party pre-arranges such appearance by contacting Pete Buzo, the courtroom

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deputy of the undersigned magistrate judge, at [phone], no later than 48 hours before the

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Status (Pretrial Scheduling) Conference; a land line telephone number must be provided.
3. Plaintiff shall file and serve a status report on or before December 5, 20141, and

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defendant shall file and serve a status report on or before December 12, 2014. Each party’s

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status report shall address all of the following matters:

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a.

Progress of service of process;

b.

Possible joinder of additional parties;

c.

Possible amendment of the pleadings;

d.

Jurisdiction and venue;

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e.

Anticipated motions and the scheduling thereof;

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f.

Anticipated discovery and the scheduling thereof, including disclosure of
expert witnesses;

g.

Future proceedings, including the setting of appropriate cut-off dates for
discovery and for law and motion, and the scheduling of a final pretrial
conference and trial;

h.

Modification of standard pretrial procedures specified by the rules due to
the relative simplicity or complexity of the action;

i.

Whether the case is related to any other case, including matters in
bankruptcy;

j.

Whether the parties will stipulate to the magistrate judge assigned to this
matter acting as settlement judge, waiving any disqualification by virtue of
his so acting, or whether they prefer to have a Settlement Conference
before another magistrate judge;

k.

Whether the parties intend to consent to proceed before a United States
Magistrate Judge; and

l.

Any other matters that may aid in the just and expeditious disposition of
this action.

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If plaintiff does not wish to prosecute this action at this time he should refer to Rule 41 of the
Federal Rules of Civil Procedure and file a statement of his intentions on or before December 5,
2014.
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4. Plaintiff is cautioned that his failure to file a timely status report or his failure to appear

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at the status conference will result in the undersigned issuing findings and recommendations

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recommending that this matter be dismissed for lack of prosecution. See Local Rules 110 and

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183.

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5. The deadlines set by any previous scheduling order, or modifications thereto, are
vacated.
6. Defendant’s September 26, 2014 motion to compel (Dkt. No. 35) is denied without

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prejudice to being re-noticed.

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Dated: November 7, 2014

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DAD:6
Ddad1\orders.pro se\burch1283.ossc.ord.docx

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