Hall v. National Railroad Passenger Corporation dba Amtrak

Filing 11

ORDER AMENDING THE PRETRIAL SCHEDULING ORDER signed by Judge Garland E. Burrell, Jr on 2/13/15: Discovery due by 2/18/2016. Dispositive Motions filed by 4/18/2016. Final Pretrial Conference set for 6/20/2016 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Trial set for 9/27/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 YVONNE HALL, 9 10 11 12 No. 2:14-cv-00236-GEB-AC Plaintiff, v. ORDER AMENDING THE PRETRIAL SCHEDULING ORDER NATIONAL RAILROAD PASSENGER CORPORATION dba AMTRACK, Defendant. 13 14 15 The status (pretrial scheduling) conference scheduled 16 for hearing on February 23, 2015, is vacated since the parties‟ 17 Joint Status Report filed on February 9, 2015 (“JSR”) indicates 18 the following Order should issue. 19 Pursuant to Chief Judge Morrison England‟s December 12, 20 2014 Recusal Order, and the parties‟ JSR, the November 19, 2014 21 Pretrial Scheduling Order, (ECF No. 7), is amended as follows: DISCOVERY 22 23 All discovery shall be completed by February 18, 2016. 24 “Completed” means all discovery shall be conducted so that any 25 dispute 26 appropriate orders, if necessary, and, where discovery has been 27 ordered, 28 prescribed “completion” date. relative the to order discovery has been shall complied 1 have with been on or resolved before by the 1 Each party shall comply with Federal Rule of Civil 2 Procedure 26(a)(2)(B) and (C)‟s initial expert witness disclosure 3 requirements 4 contradictory and/or rebuttal expert disclosure authorized under 5 Rule 26(a)(2)(D)(ii) on or before October 19, 2015. on 6 or before September 18, 2015, and any MOTION HEARING SCHEDULE 7 The last hearing date for a motion is April 18, 2016, 8 commencing at 9:00 a.m. Any motion shall be briefed as prescribed 9 in Local Rule 230. 10 11 The parties are cautioned that an untimely motion characterized as a motion in limine may be summarily denied. 12 FINAL PRETRIAL CONFERENCE 13 The final pretrial conference is set for June 20, 2016, 14 at 2:30 p.m. The parties are cautioned that the lead attorney who 15 WILL TRY THE CASE for each party shall attend the final pretrial 16 conference. In addition, all persons representing themselves and 17 appearing in propria persona must attend the pretrial conference. 18 The parties shall file a JOINT pretrial statement no 19 later than seven (7) calendar days prior to the final pretrial 20 conference. 21 applicable portions of Local Rule 281(b), and shall set forth 22 each theory of liability (“claim”) and affirmative defense which 23 remains 24 theory/defense is based. Furthermore, each party shall estimate 25 the length of trial. The Court uses the parties‟ joint pretrial 26 statement to prepare its final pretrial order and could issue the 27 final pretrial order without holding the scheduled final pretrial to The be joint tried, pretrial and the 28 2 statement ultimate shall facts on address which the each 1 conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir. 2 1999) (“There is no requirement that the court hold a pretrial 3 conference.”). 4 Final pretrial procedures are “critical for „promoting 5 efficiency and conserving judicial resources by identifying the 6 real issues prior to trial, thereby saving time and expense for 7 everyone.‟” Friedman & Friedman, Ltd. v. Tim McCandless, Inc., 8 606 F.3d 494, 498 (8th Cir. 2010) (quoting Fed. R. Civ. P. 16 9 Advisory Committee that Note end, 12 trial begins.” Smith v. Gulf Oil Co., 995 F.2d 638, 642 (6th Cir. 13 1993). The parties are therefore provided notice that a claim or 14 affirmative defense may be dismissed sua sponte if it is not 15 shown to be triable in the joint final pretrial statement. Cf. 16 Portland Retail Druggists Ass‟n v. Kaiser Found. Health Plan, 662 17 F.2d 641, 645 (9th Cir. 1981) (indicating that a party shall be 18 provided 19 sufficient 20 proceed 21 Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985) (stating “the 22 district court has . . . authority to grant summary judgment sua 23 sponte in the context of a final pretrial conference”). to to justify trial); having a Portsmouth claim to or Square, to use (c)). conferences to weed out unmeritorious claims and defenses before opportunity courts subdivision 11 an directs to “Toward and 16 Amendment 10 notice Rule (1983 respond pretrial with affirmative Inc. v. facts defense S‟holders 24 If feasible, at the time of filing the joint pretrial 25 statement counsel shall also email it in a format compatible with 26 WordPerfect to: geborders@caed.uscourts.gov. 27 /// 28 /// 3 1 TRIAL SETTING Trial 2 3 shall commence at 9:00 a.m. on September 27, 2016. EARLY SETTLEMENT CONFERENCE 4 5 The parties state they “are interested in an effort to 6 settle the matter, and would welcome a settlement conference with 7 the trial judge or a magistrate.” (JSR at 4:2-3.) The 8 parties are hereby authorized to contact the 9 courtroom deputy assigned to a magistrate judge for the purpose 10 of attempting to schedule a settlement conference at a mutually 11 convenient date and time. IT IS SO ORDERED. 12 13 Dated: February 13, 2015 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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