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)

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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 (916) 930-4128 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

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