Hall v. National Railroad Passenger Corporation dba Amtrak

Filing 12

SUPERCEDING STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 2/17/15: Discovery due by 7/9/2015. Dispositive Motions filed by 2/8/2016. Final Pretrial Conference set for 4/4/2016 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Trial set for 5/17/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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AMTRACK, 11 Defendant. 12 13 The 14 15 February 13, 2015 Order Amending the Pretrial Scheduling Order, (ECF No. 11), is superseded by this order.1 SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT 16 17 No further service, joinder of parties or amendments to 18 pleadings is permitted,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

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