Williams v Long Canyon Volunteer Fire Department

Filing 9

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 1/15/14 ORDERING that the 1/21/14 status (pretrial scheduling) conference hearing is VACATED. Plaintiff has until 5/19/2014, to file a motion in which leave is sought to file an amended complaint. All discovery shall be completed by 11/20/2015. Designation of Expert Witnesses is due by 6/22/2015, and any contradictory and/or rebuttal expert disclosure is due on or before 7/21/2015. The last hearing date for a mo tion is 1/25/2016, commencing at 9:00 a.m.. The Final Pretrial Conference is set for 3/21/2016 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. Trial is SET for 6/21/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LYTLE S. WILLIAMS,

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No. 2:13-cv-02085-GEB-CMK

Plaintiff,
v.
LONG CANYON VOLUNTEER FIRE
DEPARTMENT, a Colorado
corporation, and DOES 1
through 25, inclusive,

STATUS (PRETRIAL SCHEDULING)
ORDER

Defendants.

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The status (pretrial scheduling) conference scheduled

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for hearing on January 21, 2014, is vacated since the parties’

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Joint Status Report filed on January 7, 2014 (“JSR”) indicates

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the following Order should issue.

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DOE DEFENDANTS, SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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The parties state in the JSR:

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The parties are trying to determine who the
actual “employer” was at the time of this
incident. If it is determined that the
employer in fact was an entity other than the
Long Canyon Volunteer Fire Department, the
parties intend to join that entity to this
litigation. The parties anticipate needing 90
to 120 days to make this determination.

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(JSR 1:20-26.)

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Therefore, Plaintiff has until May 19, 2014, to file a

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motion in which leave is sought under Federal Rule of Civil

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Procedure 15(a) to file an Amended Complaint substituting a named

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defendant in place of a Doe defendant. The referenced motion must

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be noticed for hearing on the Court’s earliest available law and

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motion date. If leave is not sought as stated, Does 1 through 25

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will be automatically dismissed from this action.

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No further service, joinder of parties, or amendments

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to pleadings is permitted, except with leave of Court for good

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cause shown.

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ADDED DEFENDANT’S OPPORTUNITY TO SEEK AMENDMENT OF THIS ORDER

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If Plaintiff substitutes a named defendant in place of

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a Doe defendant, a copy of this Order shall be served on that

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defendant concurrently with the service of process.

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That defendant has 30 days after said service within

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which

to

file

a

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Order.”

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filed within this thirty day period will not have to meet the

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good cause standard, no further amendments will be permitted,

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except with leave of Court for good cause shown.

Although

“Notice
a

of

Proposed

newly-joined

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Modification

party’s

proposed

of

Status

modification

DISCOVERY

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All discovery shall be completed by November 20, 2015.

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“Completed” means all discovery shall be conducted so that any

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dispute

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appropriate orders, if necessary, and, where discovery has been

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ordered,

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prescribed “completion” date.

relative

the

to

order

discovery

has

been

shall

complied

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have

with

been

on

or

resolved

before

by

the

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Each

party

shall

comply

with

Federal

Rule

of

Civil

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

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requirements on or before June 22, 2015, and any contradictory

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and/or

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26(a)(2)(D)(ii) on or before July 21, 2015.

rebuttal

expert

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disclosure

authorized

under

Rule

MOTION HEARING SCHEDULE

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The last hearing date for a motion is January 25, 2016,

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

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in Local 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

March

that

the

21,

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2016,

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attorney who WILL TRY THE CASE for each party shall attend the

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final pretrial conference. In addition, all persons representing

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themselves

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pretrial conference.

at

1:30

and

p.m.

The

parties

appearing

in

are

propria

cautioned

persona

must

attend

lead

the

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The parties shall file a JOINT pretrial statement no

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later than seven (7) calendar days prior to the final pretrial

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conference.

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applicable portions of Local Rule 281(b), and shall set forth

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each theory of liability (“claim”) and affirmative defense which

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remains

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

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

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statement to prepare its final pretrial order and could issue the

to

The

be

joint

tried,

pretrial

and

the

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statement

ultimate

shall

facts

on

address

which

the

each

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final pretrial order without holding the scheduled final pretrial

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conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir.

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1999) (“There is no requirement that the court hold a pretrial

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conference.”).

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Final pretrial procedures are “critical for ‘promoting

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efficiency and conserving judicial resources by identifying the

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real issues prior to trial, thereby saving time and expense for

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everyone.’” Friedman & Friedman, Ltd. v. Tim McCandless, Inc.,

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606 F.3d 494 (8th Cir. 2010) (quoting Fed. R. Civ. P. 16 Advisory

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Committee Note (1983 Amendment to subdivision (c)). “Toward that

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end, Rule 16 directs courts to use pretrial conferences to weed

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out unmeritorious claims and defenses before trial begins.” Smith

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v. Gulf Oil Co., 995 F.2d 638, 642 (6th Cir. 1993). The parties

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are therefore provided notice that a claim or affirmative defense

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may be dismissed sua sponte if it is not shown to be triable in

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the joint final pretrial statement. Cf. Portland Retail Druggists

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Ass’n v. Kaiser Found. Health Plan, 662 F.2d 641, 645 (9th Cir.

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1981) (indicating that a party shall be provided notice and an

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opportunity to respond with facts sufficient to justify having a

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claim

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Square, Inc. v. S’holders Protective Comm., 770 F.2d 866, 869

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(9th Cir. 1985) (stating “the district court has . . . authority

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to grant summary judgment sua sponte in the context of a final

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pretrial conference”).

or

affirmative

defense

proceed

to

trial);

Portsmouth

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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 June 21, 2016.

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IT IS SO ORDERED.

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Dated:

January 15, 2014

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