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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YVONNE HALL,

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No.

2:14-cv-00236-GEB-AC

Plaintiff,
v.

ORDER AMENDING THE PRETRIAL
SCHEDULING ORDER

NATIONAL RAILROAD PASSENGER
CORPORATION dba AMTRACK,
Defendant.

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The status (pretrial scheduling) conference scheduled

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for hearing on February 23, 2015, is vacated since the parties‟

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Joint Status Report filed on February 9, 2015 (“JSR”) indicates

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the following Order should issue.

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Pursuant to Chief Judge Morrison England‟s December 12,

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2014 Recusal Order, and the parties‟ JSR, the November 19, 2014

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Pretrial Scheduling Order, (ECF No. 7), is amended as follows:
DISCOVERY

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All discovery shall be completed by February 18, 2016.

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“Completed” means all discovery shall be conducted so that any

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dispute

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appropriate orders, if necessary, and, where discovery has been

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ordered,

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prescribed “completion” date.

relative

the

to

order

discovery

has

been

shall

complied

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have

with

been

on

or

resolved

before

by

the

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Each

party

shall

comply

with

Federal

Rule

of

Civil

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Procedure 26(a)(2)(B) and (C)‟s initial expert witness disclosure

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requirements

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contradictory and/or rebuttal expert disclosure authorized under

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Rule 26(a)(2)(D)(ii) on or before October 19, 2015.

on

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or

before

September

18,

2015,

and

any

MOTION HEARING SCHEDULE

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The last hearing date for a motion is April 18, 2016,

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commencing at 9:00 a.m. Any motion shall be briefed as prescribed

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in Local Rule 230.

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The

parties

are

cautioned

that

an

untimely

motion

characterized as a motion in limine may be summarily denied.

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FINAL PRETRIAL CONFERENCE

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The final pretrial conference is set for June 20, 2016,

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at 2:30 p.m. The parties are cautioned that the lead attorney who

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WILL TRY THE CASE for each party shall attend the final pretrial

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conference. In addition, all persons representing themselves and

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appearing in propria persona must attend the pretrial conference.

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The parties shall file a JOINT pretrial statement no

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later than seven (7) calendar days prior to the final pretrial

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conference.

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applicable portions of Local Rule 281(b), and shall set forth

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each theory of liability (“claim”) and affirmative defense which

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remains

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theory/defense is based. Furthermore, each party shall estimate

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the length of trial. The Court uses the parties‟ joint pretrial

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statement to prepare its final pretrial order and could issue the

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final pretrial order without holding the scheduled final pretrial

to

The

be

joint

tried,

pretrial

and

the

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2

statement

ultimate

shall

facts

on

address

which

the

each

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conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir.

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1999) (“There is no requirement that the court hold a pretrial

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conference.”).

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Final pretrial procedures are “critical for „promoting

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efficiency and conserving judicial resources by identifying the

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real issues prior to trial, thereby saving time and expense for

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everyone.‟” Friedman & Friedman, Ltd. v. Tim McCandless, Inc.,

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606 F.3d 494, 498 (8th Cir. 2010) (quoting Fed. R. Civ. P. 16

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Advisory

Committee
that

Note

end,

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trial begins.” Smith v. Gulf Oil Co., 995 F.2d 638, 642 (6th Cir.

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1993). The parties are therefore provided notice that a claim or

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affirmative defense may be dismissed sua sponte if it is not

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shown to be triable in the joint final pretrial statement. Cf.

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Portland Retail Druggists Ass‟n v. Kaiser Found. Health Plan, 662

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F.2d 641, 645 (9th Cir. 1981) (indicating that a party shall be

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provided

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sufficient

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proceed

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Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985) (stating “the

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district court has . . . authority to grant summary judgment sua

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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

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an

directs

to

“Toward

and

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Amendment

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notice

Rule

(1983

respond

pretrial

with

affirmative
Inc.

v.

facts
defense

S‟holders

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If feasible, at the time of filing the joint pretrial

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statement counsel shall also email it in a format compatible with

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WordPerfect to: [e-mail].

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///

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///
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1

TRIAL SETTING
Trial

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shall

commence

at

9:00

a.m.

on

September

27,

2016.
EARLY SETTLEMENT CONFERENCE

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The parties state they “are interested in an effort to

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settle the matter, and would welcome a settlement conference with

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the trial judge or a magistrate.” (JSR at 4:2-3.)
The

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parties

are

hereby

authorized

to

contact

the

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courtroom deputy assigned to a magistrate judge for the purpose

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of attempting to schedule a settlement conference at a mutually

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convenient date and time.
IT IS SO ORDERED.

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Dated:

February 13, 2015

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