Snell v. Deutsche Bank National Trust Company et al

Filing 26

STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Dale A. Drozd on 5/9/14 ORDERING that Plaintiff's Designation of Expert Witnesses is due by 11/14/2014; Defendants' Designation of Expert Witnesses is due by 11/28/2014; Plain tiff's Rebuttal is due by 12/5/2014; Discovery is to be completed by 1/9/2015; Last day for Law and Motion to be heard is 2/27/2015; The Final Pretrial Conference is SET for 4/24/2015 at 01:30 PM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd; A Jury Trial, not to exceed five court days in length, is SET for 6/22/2015 at 09:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

AMOS G. SNELL,

12

Plaintiff,

13
14
15

No. 2:13-cv-2178 DAD

v.

ORDER

DEUTSCHE BANK NATIONAL TRUST
COMPANY, et al.,

16

Defendants.

17
STATUS (PRETRIAL SCHEDULING) ORDER

18

READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES WHICH

19
20

THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND

21

PARTIES MUST COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS

22

ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER

23

SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN

24

ORDER OF JUDGMENT.
Pursuant to court order, a Status (Pretrial Scheduling) Conference was held in this action

25
26
27
28

on May 9, 2014, at 10:00 a.m. before the undersigned.1 Attorney Michael Yest appeared
1

The parties have consented to Magistrate Judge jurisdiction over this action pursuant to 28
U.S.C. ' 636(c)(1). (Dkt. No. 18.)
1

1

telephonically on behalf of the plaintiff and attorney Renee Parker appeared telephonically on

2

behalf of the defendant.

3

After hearing, the court makes the following findings and orders:

4

SERVICE OF PROCESS

5

Service of process has been completed. No further service is permitted except with leave

6

of court, good cause having been shown.

7

JOINDER OF PARTIES/AMENDMENTS

8

No further joinder of parties or amendment to pleadings is permitted except with leave of

9
10

court, good cause having been shown. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,
609-10 (9th Cir. 1992).

11

JURISDICTION/VENUE

12

Jurisdiction over plaintiff’s claims is predicated upon 28 U.S.C. ' 1331, is not disputed,

13

and is hereby found to be proper. Venue is not disputed and is also found to be proper.

14

MOTION HEARING SCHEDULES

15

All law and motion, except as to discovery, which is discussed below, shall be conducted

16

so as to be completed by February 27, 2015. The word “completed” in this context means that

17

all law and motion matters must be heard on or before the above date. Because this date is not

18

necessarily a date that will be set aside for law and motion hearings, it is incumbent upon the

19

parties to contact this court’s courtroom deputy, Pete Buzo, at [phone] sufficiently in

20

advance so as to ascertain dates upon which law and motion will be heard and to properly notice

21

motions for hearing on or before the specified date. This paragraph does not preclude the filing

22

of motions for continuances, motions for temporary restraining orders, and other emergency

23

applications that are subject to special scheduling.

24

The parties are cautioned to refer to Local Rule 230 regarding the requirements for

25

noticing a non-discovery motion on this court’s regularly scheduled law and motion calendar. A

26

party’s opposition or a statement of non-opposition to every properly noticed motion shall be

27

filed with the court and served on the moving party not later than 4:30 p.m. fourteen (14) days

28

preceding the hearing date.
2

1

The parties should keep in mind that the purpose of law and motion is to narrow and

2

refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that are

3

susceptible to resolution without trial. To accomplish that purpose, the parties must identify and

4

fully research the issues presented by the case and then examine those issues in light of the

5

evidence gleaned through discovery. If it appears to a party, after examining the legal issues and

6

the facts, that an issue can be resolved by pretrial motion, the party shall file an appropriate

7

motion properly noticed for hearing within the time set forth above.

8

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL

9

MOTION. The parties are reminded that motions in limine are procedural devices designed to

10

address the admissibility of evidence. Parties are therefore cautioned that the court will look with

11

disfavor upon substantive motions presented in the guise of motions in limine at the time of trial.

12

Parties are further cautioned that if any legal issue that should have been tendered to the court by

13

pretrial motion must be resolved by the court after law and motion cutoff, substantial sanctions

14

may be levied against the party who failed to timely file an appropriate motion.

15

DISCOVERY

16

All limitations on discovery set forth in the Federal Rules shall govern this action absent

17

further order of the court. All discovery shall be conducted so as to be completed by January 09,

18

2015. The word “completed” in this context means that all discovery shall have been conducted

19

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

20

resolved by appropriate order if necessary and, where discovery has been ordered, the order has

21

been complied with. All discovery motions must be noticed for hearing on the magistrate judge’s

22

calendar in accordance with the local rules of this court. See Local Rule 251.

23

On or before November 14, 2014, plaintiff shall disclose in a writing filed with the court

24

and served upon claimant the names of any experts plaintiff proposes to tender at trial. On or

25

before November 28, 2014, defendant shall disclose in a writing filed with the court and served

26

upon plaintiff the names of any experts he propose to tender at trial. Plaintiff shall designate and

27

disclose any rebuttal experts not later than December 05, 2014. All experts so designated are to

28

be fully prepared to render an informed opinion at the time of designation so that they may fully
3

1

participate in any deposition taken by the opposing party. Experts will not be permitted to testify

2

at the trial as to any information gathered or evaluated, or opinion formed, after deposition taken

3

subsequent to designation. An expert witness not listed in the party’s designation of witnesses

4

will not be permitted to testify unless the party offering the witness demonstrates that: (a) the

5

necessity of the witness could not have been reasonably anticipated at the time the lists were

6

exchanged; (b) the court and the opposing party were promptly notified upon discovery of the

7

witness; and (c) the witness was promptly proffered for deposition.

8

FINAL PRETRIAL CONFERENCE

9

Final Pretrial Conference is SET for April 24, 2015, at 1:30 p.m., in Courtroom 27 before

10

the undersigned. The parties are cautioned that any counsel appearing for Final Pretrial

11

Conference shall in fact try the matter.

12
13
14

The parties are to be fully prepared for trial at the time of the Final Pretrial Conference,
with no matters remaining to be accomplished except production of witnesses for oral testimony.
The parties are referred to Local Rules 280 and 281 relating to the contents of and time for

15

filing Pretrial Statements. In addition to all subjects listed in Local Rule 281(b), the parties shall

16

include in their pretrial statements a plain, concise statement that identifies every non-discovery

17

motion tendered to the court and its resolution. A FAILURE TO COMPLY WITH LOCAL

18

RULES 280 AND 281 WILL BE GROUNDS FOR SANCTIONS.

19

Plaintiff and defendant shall file separate Pretrial Statements in accordance with the

20

provisions of Local Rule 281(a)(1). However, in addition to their separate Pretrial Statements,

21

the parties shall cooperate in the preparation of a JOINT STATEMENT with respect to the

22

undisputed facts and disputed factual issues of the case. See Local Rule 281(b)(3), (4), and (6).

23

In the joint statement, the undisputed facts and disputed factual issues are to be set forth in two

24

separate sections. In each section, the parties should first identify the general facts relevant to all

25

causes of action. After identifying the general facts, the parties should then identify those facts

26

which are relevant to each separate cause of action. In this regard, the parties are to number each

27

individual fact or factual issue. Where the parties are unable to agree as to what factual issues are

28

properly before the court for trial, they should list in the section on “DISPUTED FACTUAL
4

1

ISSUES” all issues asserted by any party and explain by parenthetical the controversy concerning

2

each issue. In general, each fact should relate or correspond to an element of the relevant cause

3

of action. Notwithstanding the provisions of Local Rule 281, the Joint Statement of Undisputed

4

Facts and Disputed Factual Issues is to be filed with the court concurrently with the filing of

5

plaintiff’s separate Pretrial Statement.

6

Pursuant to Local Rule 281(b)(10) and (11), the parties are required to provide with their

7

separate Pretrial Statements a list of witnesses and a list of exhibits that they propose to proffer at

8

trial for any purpose. These lists shall not be contained in the party’s Pretrial Statement itself but

9

shall be attached as separate documents. Plaintiff’s exhibits shall be listed numerically.

10

Defendant’s exhibits shall be listed alphabetically. In the event that the alphabet is exhausted,

11

defendant’s additional exhibits shall be marked “2A-2Z, 3A-3Z,” etc. The court’s Pretrial Order

12

will contain a stringent standard for the proffering at trial of witnesses and exhibits not listed in

13

the Pretrial Order. The parties are cautioned that the standard will be strictly applied. On the

14

other hand, the listing of exhibits or witnesses which the party does not intend to call or use at

15

trial will be viewed as an abuse of the court’s processes and sanctions may be imposed.

16

Pursuant to Local Rule 281(b)(12), each party is required to provide a list of all answers to

17

interrogatories and responses to requests for admission that the party expects to offer at trial. This

18

list should include only those documents or portions thereof which the party expects to offer in its

19

case-in-chief. Unless otherwise barred by a rule of evidence or order of this court, the parties

20

remain free to tender appropriate discovery documents during trial for such purposes as, but not

21

limited to, impeachment or memory refreshment.

22

Pursuant to Local Rule 281(b)(8), each party’s separate Pretrial Statement shall contain a

23

“statement of legal theory, etc.” Each party shall commence this section by specifying as to each

24

claim whether federal or state law governs, and, if state law, the state whose law is applicable.

25

The parties are reminded that, pursuant to Fed. R. Civ. P. 16, it will be their duty at the

26

Final Pretrial Conference to aid the court in (a) the formulation and simplification of issues and

27

the elimination of frivolous claims or defenses; (b) the settling of facts that should be properly

28

admitted; and (c) the avoidance of unnecessary proof and cumulative evidence. Each party must
5

1

prepare its Pretrial Statement, and participate in good faith at the Final Pretrial Conference, with

2

these aims in mind. FAILURE TO DO SO MAY RESULT IN THE IMPOSITION of

3

SANCTIONS, which may include monetary sanctions, orders precluding proof, the elimination of

4

claims or defenses, or such other sanctions as the court deems appropriate.

5

TRIAL SETTING

6

A jury trial not to exceed five court days in length is SET for June 22, 2015, at 9:00 a.m.

7

in Courtroom 27 before the undersigned.

8

SETTLEMENT CONFERENCE

9

The parties are advised that a Settlement Conference may be scheduled when the Final

10

Pretrial Conference is held. The court may require that all parties proceeding pro se be present at

11

the Settlement Conference. Such a settlement conference may be set before the undersigned, if

12

both parties request that the undersigned participate in the conference and will waive any claim of

13

disqualification on that basis. The parties may also request a settlement conference before

14

another magistrate judge. See Local Rule 270(b).

15

MISCELLANEOUS PROVISIONS

16

The parties are cautioned that this order shall not be modified except by leave of court

17

upon a showing of good cause. See Fed. R. Civ. P. 16(b). Changes to any scheduled date may

18

necessarily result in changes to all other dates. Thus, even where good cause has been shown, the

19

court may deny a request to change the discovery cutoff date without modifying the pretrial

20

conference and trial dates. Agreement by the parties pursuant to stipulation does not

21

constitute good cause. Nor will the unavailability of witnesses or counsel, except in

22

extraordinary circumstances, constitute good cause for modification of the scheduling

23

order.

24

/////

25

/////

26

/////

27

/////

28

/////
6

1
2
3
4

There appear to be no other matters presently pending before the court that will aid the
just and expeditious disposition of this matter.
IT IS SO ORDERED.
Dated: May 9, 2014

5
6

DAD:6
Ddad1\orders.consent\snell2178.sched.ord.docx

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7