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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YVONNE HALL,

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Plaintiff,

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No. 2:14-cv-00236-GEB-AC

v.

SUPERCEDING STATUS (PRETRIAL
SCHEDULING) ORDER

NATIONAL RAILROAD PASSENGER
CORPORATION dba AMTRACK,

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Defendant.
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The

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February

13,

2015

Order

Amending

the

Pretrial

Scheduling Order, (ECF No. 11), is superseded by this order.1
SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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No further service, joinder of parties or amendments to

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pleadings is permitted, except with leave of Court for good cause

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shown.
DISCOVERY

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Non-Expert

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discovery

shall

be

completed

by

July

9,

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2015. Expert discovery shall be completed by December 3, 2015.

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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

relative

to

discovery

shall

have

been

resolved

by

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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.

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ordered,

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prescribed “completion” date.

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the

order

Each

has

party

been

shall

complied

comply

with

with

on

or

Federal

before

Rule

of

the

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 13, 2015.

on

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or

before

September

9,

2015,

and

any

MOTION HEARING SCHEDULE

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The last hearing date for a motion is February 8, 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 April 4, 2016,

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at 1:30 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

to

The

be

joint

tried,

pretrial

and

the

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statement

ultimate

shall

facts

on

address

which

the

each

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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

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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

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“Toward

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conferences to weed out unmeritorious claims and defenses before

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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”).

Committee
that

end,

notice

to

to

Note
Rule

and

justify
trial);

an

(1983
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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

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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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TRIAL SETTING
Trial shall commence at 9:00 a.m. on May 17, 2016.

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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.” (Joint Status Report 4:2-3, ECF

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No. 10.)
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 17, 2015

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