Davis v. Midland Funding, LLC et al

Filing 32

STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Judge Lawrence K. Karlton on 4/8/14. Discovery deadline set for 1/17/2015. Law & Motion deadline set for 3/17/2015. Motions to Compel Discovery to be noticed on the magistrate judge's calen dar, to be heard not later than 12/17/2014. Final Pretrial Conference set for 6/15/2015 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Three day Jury Trial set for 09/15/2015 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY DEAN DAVIS, 12 13 14 15 16 17 18 No. CIV 13-2316 LKK/CKD Plaintiff, v. MIDLAND FUNDING, LLC, a Delaware limited liability company; MIDLAND CREDIT MANAGEMENT, INC., a Kansas corporation; THE BRACHFELD LAW GROUP, A PROFESSIONAL CORPORATION, a California corporation; and ERICA LYNN BRACHFELD, individually and in her official capacity, 19 Defendants. 20 21 STATUS (PRETRIAL SCHEDULING) CONFERENCE 22 23 READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES 24 WHICH THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL 25 AND PARTIES MUST COMPLY. 26 THIS ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER 27 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR 28 AN ORDER OF JUDGMENT. A FAILURE TO COMPLY WITH THE TERMS OF 1 1 Pursuant to court order, a Status (Pretrial Scheduling) 2 Conference was held in chambers on April 7, 2014. 3 Roulston appeared telephonically as counsel for plaintiff; Tomio 4 B. 5 Midland Funding, LLC and Midland Credit Management, Inc., and 6 Erica 7 defendants The Brachfeld Law Group, A Professional Corporation, 8 and Erica Lynn Brachfeld. After hearing, the court makes the 9 following findings and orders: Narita L. appeared telephonically Brachfeld appeared 10 All counsel telephonically for as defendants counsel for SERVICE OF PROCESS 11 as Raeon R. parties have been served and no further service is 12 permitted except with leave of court, good cause having been 13 shown. 14 JOINDER OF PARTIES/AMENDMENTS 15 No further joinder of parties or amendments to pleadings is 16 permitted except with leave of court, good cause having been 17 shown. 18 (9th Cir. 1992). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 19 JURISDICTION/VENUE 20 Jurisdiction is predicated upon 28 U.S.C. ยงยง 1331, 1337 & 21 1367, and is disputed by all defendants. 22 on a motion for lack of jurisdiction within sixty (60) days from 23 the date of this order. Defendants shall bring 24 MOTION HEARING SCHEDULES 25 All law and motion except as to discovery is left open, save 26 and except that it shall be conducted so as to be completed by 27 March 17, 2015. 28 all law and motion matters must be heard by the above date. The word "completed" in this context means that 2 1 Because this date is not necessarily a date previously set aside 2 for law and motion hearings, it is incumbent upon counsel to 3 contact this court's courtroom deputy, Ana Rivas at (916) 930- 4 4133, sufficiently in advance so as to ascertain the dates upon 5 which law and motion will be heard and to properly notice its 6 motion for hearing before that date. 7 refer to Local Rule 230 regarding the requirements for noticing 8 such motions on the court's regularly scheduled law and motion 9 calendar. Opposition or statement Counsel are cautioned to of non-opposition to all 10 motions shall be filed not later than 4:30 p.m. fourteen (14) 11 days preceding the hearing date, or by proof of service by mail 12 not less than seventeen (17) days preceding the hearing date. 13 This 14 temporary restraining orders or other emergency applications, and 15 is 16 "MISCELLANEOUS PROVISIONS" paragraph below. 17 paragraph subject At the does to any time of not preclude special filing motions scheduling a motion, for set continuances, forth opposition, or in the reply, 18 counsel are directed to email a copy in word processing format to 19 lkk-pleadings@caed.uscourts.gov. 20 The parties should keep in mind that the purpose of law and 21 motion is to narrow and refine the legal issues raised by the 22 case, and to dispose of by pretrial motion those issues that are 23 susceptible 24 purpose, the parties need to identify and fully research the 25 issues presented by the case, and then examine those issues in 26 light of the evidence gleaned through discovery. 27 to counsel after examining the legal issues and facts that an 28 issue can be resolved by pretrial motion, counsel are to file the to resolution without 3 trial. To accomplish that If it appears 1 appropriate motion by the law and motion cutoff set forth supra. 2 Unless prior permission has been granted, memoranda of law 3 in support of and in opposition to motions are limited to thirty 4 (30) 5 pages. 6 briefs to circumvent this rule. 7 pages, and reply memoranda are limited to fifteen (15) The parties are also cautioned against filing multiple Where the parties bring motions for summary judgment, the 8 court 9 undisputed will deem under 10 reserved 11 facts Fed. which R. are Civ. P. apparently 56(e), undisputed unless as specifically reservation. and that party tenders evidence to support the 12 ALL PURELY LEGAL 13 PRETRIAL MOTION AND 14 ORDINARILY 15 COUNSEL ARE CAUTIONED THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE 16 BEEN TENDERED TO THE COURT BY PRETRIAL MOTION MUST BE RESOLVED BY 17 THE COURT AFTER LAW AND MOTION CUTOFF, FOR INSTANCE WHERE THE 18 ISSUE 19 AGAINST COUNSEL WHO FAIL TO TIMELY FILE AN APPROPRIATE MOTION. 20 IS BE VIEWED ISSUES A Counsel are FAILURE AS JURISDICTION, ARE A TO TO MAKE WAIVER AT SUBSTANTIAL further reminded BE RESOLVED SUCH THE TIME SANCTIONS that A BY MOTION OF in WILL PRETRIAL. WILL motions TIMELY BE LEVIED limine are 21 procedural devices 22 evidence. COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH 23 DISFAVOR 24 MOTIONS IN LIMINE UPON designed SUBSTANTIVE to address MOTIONS the PRESENTED admissibility IN THE GUISE of OF AT THE TIME OF TRIAL. 25 DISCOVERY 26 No modifications of the discovery requirements found in the 27 28 Federal Rules is ordered. All discovery is left open, save and except that it shall be 4 1 so conducted as to be completed by January 17, 2015. 2 "completed" means that all discovery shall have been conducted so 3 that all depositions have been taken and any disputes relative to 4 discovery 5 necessary and, where discovery has been ordered, the order has 6 been complied with. 7 on the magistrate judge's calendar in accordance with the local 8 rules of this court and so that such motions will be heard not 9 later than December 17, 2014. shall have been resolved by The word appropriate order if Motions to compel discovery must be noticed In this regard, all counsel are to 10 designate in writing and file with the court and serve upon all 11 other parties a final list of the names of all experts that they 12 propose to tender at trial not later than forty-five (45) days 13 before the close of discovery herein established. 14 experts shall submit written reports which counsel shall exchange 15 at the time of designation. 16 comply 17 designated are to be fully prepared to render an informed opinion 18 at the time of designation so that they may fully participate in 19 any deposition taken by the opposing party. 20 permitted to testify at the trial as to any information gathered 21 or 22 subsequent to designation. 23 with Fed. evaluated, R. Civ. or The contents of the report must P. opinion All designated 26 (a)(2)(B). formed, All experts so Experts will not be after deposition taken An expert witness not appearing on said lists will not be 24 permitted 25 demonstrates: 26 have 27 exchanged; 28 notified upon discovery of the witness; and (c) that the witness been to testify the party offering the witness (a) that the necessity of the witness could not reasonably (b) unless the anticipated court and at the opposing 5 time counsel the lists were were promptly 1 was promptly proffered for deposition. 2 MID-LITIGATION STATEMENTS 3 Not later than fourteen (14) days prior to the close of 4 discovery, all parties shall file with the court and serve on all 5 other parties a brief statement summarizing all law and motion 6 practice heard by the court as of the date of the filing of the 7 statement, whether the court has disposed of the motion at the 8 time the statement is filed and served, and the likelihood that 9 any further motions will be noticed prior to the close of law and 10 motion. 11 parties 12 appropriate motions as set forth above. The filing of this statement shall not relieve the or counsel of their obligation to timely notice all 13 FINAL PRETRIAL CONFERENCE 14 The Final Pretrial Conference is SET for June 15, 2015, at 15 1:30 16 Pretrial will in fact try the matter. p.m. Counsel are cautioned that counsel appearing for 17 Counsel for all parties are to be fully prepared for trial 18 at the time of the Pretrial Conference, with no matters remaining 19 to 20 testimony. 21 relating 22 Statements. In addition to those subjects listed in Local Rule 23 281(b), the parties 24 concise statement 25 tendered to the court, and its resolution. 26 WITH LOCAL RULES 280 AND 281 WILL BE GROUNDS FOR SANCTIONS. be accomplished except production of witnesses for oral Counsel are referred to Local Rules 280 and 281 to the contents are which to of and provide identifies time the every for court filing with Pretrial a plain, non-discovery motion A FAILURE TO COMPLY 27 The parties shall file Separate Pretrial Statements, the 28 contents and timing of which are set forth in Local Rule 281, 6 1 except that the parties are to prepare a JOINT STATEMENT with 2 respect to the undisputed facts and disputed factual issues of 3 the case. 4 are reminded to include in their joint statement all disputed and 5 undisputed special factual information as required by Local Rule 6 281(b)(6). 7 Joint Statement of Undisputed Facts and Disputed Factual Issues 8 is to be filed with the court concurrently with the filing of 9 plaintiff's Pretrial Statement. 10 See Local Rule 281(b)(3), (4), and (6). The parties Notwithstanding the provisions of Local Rule 281, the The undisputed facts and disputed factual issues are to be 11 set forth in two separate sections. 12 should identify first the general facts relevant to all causes of 13 action. 14 then identify those facts which are relevant to each separate 15 cause of action. 16 individual fact or factual issue. 17 to agree as to what factual issues are properly before the court 18 for 19 "DISPUTED 20 parties and explain by parenthetical the controversy concerning 21 each issue. 22 include the following introductory language: 23 . ." 24 should relate or correspond to an element of the relevant cause 25 of action. 26 will be read to the jury. 27 28 In each section, the parties After identifying the general facts, the parties should trial, they FACTUAL In this regard, the parties are to number each should Where the parties are unable nevertheless ISSUES" all issues list in asserted the by section any of on the Each individual disputed fact or factual issue shall "Whether or not . . The parties should keep in mind that, in general, each fact If the case is tried to a jury, the undisputed facts Pursuant to Local Rule 281(b)(10) and (11), the parties are required to provide in their Pretrial 7 Statements a list of 1 witnesses and exhibits that they propose to proffer at trial, no 2 matter for what purpose. 3 the Pretrial Statement itself, but shall be attached as separate 4 documents to be used as addenda to the Final Pretrial Order. 5 Plaintiff's 6 exhibits shall be listed alphabetically. 7 alphabet is exhausted, defendants' exhibits shall be marked "2A- 8 2Z, 3A-3Z, etc." 9 standard for the proffering of witnesses and exhibits at trial exhibits These lists shall not be contained in shall be listed numerically; defendants' In the event that the The Pretrial Order will contain a stringent 10 not listed in the Pretrial Order. 11 standard 12 listing of exhibits or witnesses which counsel do not intend to 13 call or use will be viewed as an abuse of the court's processes. will be strictly Counsel are cautioned that the applied. On the other hand, the 14 Pursuant to Local Rule 281(b)(12), a party is required to 15 provide a list of all answers to interrogatories and responses to 16 requests for admission that the party expects to offer at trial. 17 This list should include only those documents or portions thereof 18 which the party expects to offer in its case-in-chief. 19 otherwise barred by a rule of evidence or order of this court, 20 the parties remain free to tender appropriate discovery documents 21 during 22 impeachment or memory refreshment. 23 trial Pursuant for to such Local purposes Rule as, 281(b)(8), but not the parties' Unless limited to, Pretrial 24 Statements 25 Each party shall commence this section by specifying as to each 26 claim whether federal or state law governs, and if state law, the 27 state whose law is applicable. 28 shall contain a "statement of legal theory, etc." Counsel are also reminded that, pursuant to Fed. R. Civ. P. 8 1 16, it will be their duty at the Pretrial Conference to aid the 2 court in (a) formulation and simplification of issues and the 3 elimination 4 facts which should be properly admitted; and (c) the avoidance of 5 unnecessary proof and cumulative evidence. 6 their Pretrial Statements, and participate in good faith at the 7 Pretrial Conference, with these aims in mind. A FAILURE TO DO SO 8 MAY which 9 monetary RESULT of IN frivolous THE claims IMPOSITION sanctions, orders or of defenses; settling of Counsel must prepare SANCTIONS precluding (b) proof, may include eliminations of 10 claims or defenses, or such other sanctions as the court deems 11 appropriate. 12 TRIAL SETTING 13 Trial is SET for September 15, 2015, at 10:30 a.m. 14 will be by jury. 15 Trial trial will take approximately three (3) days. The parties represent in good faith that the 16 SETTLEMENT CONFERENCE 17 A Settlement Conference will be set before a judge other 18 19 than the trial judge at the time of the Pretrial Conference. Counsel are cautioned to have a principal capable of 20 disposition present at the Settlement Conference or to be fully 21 authorized 22 Settlement Conference. 23 to settle the matter on any terms and at the MISCELLANEOUS PROVISIONS 24 The parties are reminded that pursuant to Fed. R. Civ. P. 25 16(b), 26 modified except by leave of court upon a showing of good cause. 27 Counsel are cautioned that changes to any of the scheduled dates 28 will necessarily result in changes to all other dates. the Status (pretrial scheduling) 9 Order shall not be Thus, 1 even where good cause has been shown, the court will not grant a 2 request to change the discovery cutoff date without modifying the 3 pretrial and trial dates. 4 Agreement by the parties pursuant to stipulation does not 5 constitute good cause. Nor does the unavailability of witnesses 6 or extraordinary 7 good cause. counsel, except in circumstances, constitute 8 The parties are reminded of their continuing obligation to 9 supplement their statements relative to the identification of 10 parent corporations and any publicly held company that owns 10% 11 or more of the party's stock within a reasonable time of any 12 change in the information. 13 The parties are admonished that they are not to cite or 14 refer to any of the quotations inscribed in the pavers on the 15 front plaza of the United States Courthouse in any written or 16 oral presentation to the court or a jury. 17 There appear to be no other matters presently pending before 18 the court that will aid the just and expeditious disposition of 19 this matter. 20 IT IS SO ORDERED. 21 DATED: April 8, 2014. 22 23 24 25 26 27 28 10

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