United States of America v. Wanland

Filing 29

ORDER signed by Magistrate Judge Kendall J. Newman on 8/26/14: Within 60 days of this order, the parties shall meet and confer, and file a joint status report. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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No. 2:13-cv-2343-LKK-KJN PS

Plaintiff,
v.

ORDER

DONALD M. WANLAND, JR.,
Defendant.

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The United States commenced this action on November 13, 2013, primarily seeking to

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reduce certain federal income tax assessments to judgment. (See Complaint, ECF No. 1.) After

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the court denied defendant Donald M. Wanland, Jr.’s motion to dismiss the action, defendant,

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who is presently incarcerated and proceeds without counsel, answered the complaint on August

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22, 2014. (ECF No. 28.)

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Pursuant to Federal Rule of Civil Procedure 16, IT IS HEREBY ORDERED that:

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1. Within 60 days of this order, the parties shall meet and confer, and file a joint status

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report briefly describing the case and addressing the following topics: (a) service of

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process; (b) possible joinder of additional parties; (c) any expected or desired

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amendment of the pleadings; (d) jurisdiction and venue; (e) anticipated motions and

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their scheduling; (f) the report required by Fed. R. Civ. P. 26 outlining the proposed

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discovery plan and its scheduling, including initial disclosures and disclosure of expert
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witnesses; (g) future proceedings, including setting appropriate cut-off dates for

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discovery and law and motion, the scheduling of a pretrial conference and trial, and

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whether the trial should proceed as a jury trial or bench trial; (h) special procedures, if

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any; (i) estimated trial time; (j) modifications of standard pretrial procedures due to the

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simplicity or complexity of the proceedings; (k) whether the case is related to any

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other cases, including bankruptcy; (l) whether a settlement conference should be

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scheduled, including whether the parties desire an early settlement conference; (m)

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whether the parties wish to consent or decline to the jurisdiction of the assigned

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magistrate judge for all purposes pursuant to 28 U.S.C. § 636(c); and (n) any other

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matters that may add to the just and expeditious disposition of this matter.

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2. In light of defendant’s incarceration, the court declines to set a status (pretrial

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scheduling) conference at this juncture and anticipates scheduling the case based on

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the parties’ joint status report, unless the court subsequently deems a status conference

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necessary.

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3. The parties are cautioned that failure to obey the Federal Rules of Civil Procedure, the

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court’s Local Rules, or any order of this court may result in dismissal of the action, a

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default judgment, or any other appropriate sanctions.

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IT IS SO ORDERED.
Dated: August 26, 2014

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