Johnson v. Southport Land and Commercial Company

Filing 10

STATUS (Pre-trial Scheduling) ORDER signed by Judge John A. Mendez on 1/6/14: Designation of Expert Witnesses due by 8/29/2014. Discovery due by 10/27/2014. Dispositive Motions filed by 12/17/2014. Final Pretrial Conference set for 2/20/2015 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 4/6/2015 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 SCOTT JOHNSON, CIV. S-13-1553 JAM CKD 11 Plaintiff, 12 13 v. STATUS (Pre-trial Scheduling) ORDER SOUTHPORT LAND AND 14 COMMERCIAL COMPANY, Defendant. 15 / 16 17 18 19 After review of the Joint Status Report, the court makes the following order: SERVICE OF PROCESS All parties defendant to this lawsuit have been served and no further service will be 20 permitted except with leave of court, good cause having been shown. 21 22 23 JOINDER OF ADDITIONAL PARTIES/AMENDMENTS No further joinder of parties or amendments to pleadings is permitted except with 24 leave of court, good cause having been shown. 25 26 1 JURISDICTION AND VENUE 1 2 Jurisdiction and venue are not contested. FICTITIOUSLY-NAMED DEFENDANTS 3 4 5 This action, including any counterclaims, cross-claims, and third party complaints is hereby DISMISSED as to all DOE or other fictitiously-named defendants. MOTION HEARINGS SCHEDULES 6 7 All dispositive motions shall be filed by December 17, 2014. Hearing on such 8 motions shall be on January 14, 2015 at 9:30 a.m 9 The parties are reminded of the notice requirements as outlined in Local Rule 10 230(b). 11 The time deadline for dispositive motions does not apply to motions for 12 continuances, temporary restraining orders or other emergency applications. 13 All purely legal issues are to be resolved by timely pre-trial motions. The parties 14 are reminded that motions in limine are procedural devices designed to address the 15 admissibility of evidence and are cautioned that the court will look with disfavor upon 16 substantive motions presented at the final pre-trial conference or at trial in the guise of 17 motions in limine. The parties are further cautioned that if any legal issue which should 18 have been tendered to the court by proper pre-trial motion requires resolution by the court 19 after the established law and motion cut-off date, substantial sanctions may be assessed 20 for the failure to file the appropriate pre-trial motion. 21 Unless prior permission has been granted, memoranda of law in support of 22 and in opposition to motions are limited to twenty-five (25) pages, and reply 23 memoranda are limited to ten (10) pages. The parties are also cautioned against 24 filing multiple briefs to circumvent this rule. 25 26 2 DISCOVERY 1 2 All discovery shall be completed by October 27, 2014. In this context, 3 "completed" means that all discovery shall have been conducted so that all depositions 4 have been taken and any disputes relative to discovery shall have been resolved by 5 appropriate order if necessary and, where discovery has been ordered, the order has 6 been complied with. 7 DISCLOSURE OF EXPERT WITNESSES 8 The parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by 9 August 29, 2014. Supplemental disclosure and disclosure of any rebuttal experts under 10 Fed. R. Civ. P. 26(a)(2)(c) shall be made by September 12, 2014. 11 Failure of a party to comply with the disclosure schedule as set forth above in all 12 likelihood will preclude that party from calling the expert witness at the time of trial absent 13 a showing that the necessity for the witness could not have been reasonably anticipated at 14 the time the disclosures were ordered and that the failure to make timely disclosure did not 15 prejudice any other party. See Fed. R. Civ. P. 37(c). 16 All experts designated are to be fully prepared at the time of designation to render 17 an informed opinion, and give their reasons therefore, so that they will be able to give full 18 and complete testimony at any deposition taken by the opposing parties. Experts will not 19 be permitted to testify at the trial as to any information gathered or evaluated, or opinion 20 formed, after deposition taken subsequent to designation. 21 22 JOINT MID-LITIGATION STATEMENTS Not later than fourteen (14) days prior to the close of discovery, the parties shall file 23 with the court a brief joint statement summarizing all law and motion practice heard by the 24 court as of the date of the filing of the statement, whether the court has disposed of the 25 26 3 1 motion at the time the statement is filed and served, and the likelihood that any further 2 motions will be noticed prior to the close of law and motion. The filing of this statement 3 shall not relieve the parties or counsel of their obligation to timely notice all appropriate 4 motions as set forth above. FINAL PRE-TRIAL CONFERENCE 5 6 The final pre-trial conference is set for February 20, 2015 at 10:00 a.m. In each 7 instance an attorney who will try the case for a given party shall attend the final pretrial 8 conference on behalf of that party; provided, however, that if by reason of illness or other 9 unavoidable circumstance the trial attorney is unable to attend, the attorney who attends in 10 place of the trial attorney shall have equal familiarity with the case and equal authorization 11 to make commitments on behalf of the client. All pro se parties must attend the pre-trial 12 conference. 13 Counsel for all parties and all pro se parties are to be fully prepared for trial at the 14 time of the pre-trial conference, with no matters remaining to be accomplished except 15 production of witnesses for oral testimony. The parties shall file with the court, no later 16 than seven days prior to the final pre-trial conference, a joint pre-trial statement. 17 Also at the time of filing the Joint Pretrial Statement, counsel 18 are requested to e-mail the Joint Pretrial Statement in WPD or 19 Word format to Judge Mendez's assistant, Jane Klingelhoets 20 at: 21 Where the parties are unable to agree as to what legal or factual issues are properly 22 before the court for trial, they should nevertheless list all issues asserted by any of the 23 parties and indicate by appropriate footnotes the disputes concerning such issues. The 24 provisions of Local Rule 281 shall, however, apply with respect to the matters to be 25 26 4 1 included in the joint pre-trial statement. Failure to comply with Local Rule 281, as 2 modified herein, may be grounds for sanctions. 3 The parties are reminded that pursuant to Local Rule 281(b)(10) and (11) they are 4 required to list in the final pre-trial statement all witnesses and exhibits they propose to 5 offer at trial, no matter for what purpose. These lists shall not be contained in the body of 6 the final pre-trial statement itself, but shall be attached as separate documents so that the 7 court may attach them as an addendum to the final pre-trial order. The final pre-trial order 8 will contain a stringent standard for the offering at trial of witnesses and exhibits not listed 9 in the final pre-trial order, and the parties are cautioned that the standard will be strictly 10 applied. On the other hand, the listing of exhibits or witnesses that a party does not 11 intend to offer will be viewed as an abuse of the court's processes. 12 The parties are also reminded that pursuant to Rule 16, Fed. R. Civ. P., it will be 13 their duty at the final pre-trial conference to aid the court in: (a) formulation and 14 simplification of issues and the elimination of frivolous claims or defenses; (b) settling of 15 facts which should properly be admitted; and (c) the avoidance of unnecessary proof and 16 cumulative evidence. Counsel must cooperatively prepare the joint pre-trial statement 17 and participate in good faith at the final pre-trial conference with these aims in mind. A 18 failure to do so may result in the imposition of sanctions which may include monetary 19 sanctions, orders precluding proof, elimination of claims or defenses, or such other 20 sanctions as the court deems appropriate. 21 22 TRIAL SETTING Jury trial in this matter is set for April 6, 2015 at 9:00 a.m. The parties estimate a 23 trial length of approximately 3 to 5 days. 24 25 26 5 SETTLEMENT CONFERENCE 1 2 No Settlement Conference is currently scheduled. If the parties wish to have a 3 settlement conference, one will be scheduled at the final pretrial conference or at an 4 earlier time upon request of the parties. 5 6 7 8 9 10 11 OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER This Status Order will become final without further Order of Court unless objection is lodged within seven (7) days of the date of the filing of this Order. IT IS SO ORDERED. Dated: January 6, 2014 /s/ John A. Mendez JOHN A. MENDEZ United States District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6

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