Pollard v. Sutter et al

Filing 15

ORDER signed by Judge Garland E. Burrell, Jr on 2/26/14 ORDERING that the Pretrial Scheduling Conference is CONTINUED from 3/3/14 to 3/31/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A further joint status report shall be filed no later than fourteen (14) days prior to the Status Conference, in which Plaintiff shall adequately address the anticipated timing of the referenced amendments.(Mena-Sanchez, L)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 ELIZABETH J. POLLARD, 9 10 11 12 13 Plaintiff, COUNTY OF SUTTER, a public entity; CARL ADAMS; STEPHANIE COOPER; and DOES 1-10 INCLUSIVE, Defendants. Plaintiff 15 17 18 19 20 21 22 ORDER CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE v. 14 16 No. 2:13-cv-02460-GEB-AC states in the JSR, in relevant part, as follows: Plaintiff anticipates a possible joinder of one party: Mr. Thompson, but Plaintiff has not yet been able to pursue discovery to ascertain the facts supporting any claim(s) against him; if and when she does, she will have to exhaust her administrative remedies through a tort claim, then file a motion to amend the complaint accordingly. . . . . 25 . . . . There may be later amendment of the pleadings to include defamation claims depending upon what evidence Plaintiff is able to obtain during discovery based on the late discovery rules pertaining to defamation causes of action. 26 (JSR 3:2-14, ECF No. 10.) These statements fail to comply with 27 Plaintiff’s 28 information on when the referenced amendments would be sought. 23 24 obligation under Rule 1 16 to provide meaningful 1 6 Parties anticipating possible amendments . . . have an unflagging obligation to alert the Rule 16 scheduling judge of the . . . timing of such anticipated amendments in their status reports so that the judge can consider whether such amendments may properly be sought solely under the Rule 15(a) standard, and whether structuring discovery pertinent to the parties’ decision whether to amend is feasible. 7 Jackson v. Laureate, Inc., 186 F.R.D. 605, 608 (E.D. Cal. 1999) 8 (internal quotation marks omitted). 2 3 4 5 9 Therefore, the Status (Pretrial Scheduling) Conference 10 scheduled for hearing on March 3, 2014, is continued to March 31, 11 2014, at 9:00 a.m. A further joint status report shall be filed 12 no later than fourteen (14) days prior to the Status Conference, 13 in 14 timing of the referenced amendments. 15 IT IS SO ORDERED. 16 which Dated: Plaintiff shall adequately February 26, 2014 17 18 19 20 21 22 23 24 25 26 27 28 2 address the anticipated

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?