McCune v. T & S Business Corporation et al
Filing
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STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Judge Lawrence K. Karlton on 5/1/14: Discovery due by 5/28/2015. Dispositive Motions filed by 7/28/2015. Final Pretrial Conference set for 10/26/2015 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Jury Trial set for 1/26/2016 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL McCUNE,
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No.
CIV 14-469 LKK/AC
Plaintiff,
v.
T & S BUSINESS CORPORATION
dba IHOP #649, et al.,
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Defendants.
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STATUS (PRETRIAL SCHEDULING) CONFERENCE
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READ
THIS
ORDER
CAREFULLY.
IT
CONTAINS
IMPORTANT
DATES
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WHICH THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL
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AND PARTIES MUST COMPLY.
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THIS ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER
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SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR
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AN ORDER OF JUDGMENT.
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Pursuant
to
court
A FAILURE TO COMPLY WITH THE TERMS OF
order,
a
Status
(Pretrial
Scheduling)
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Conference was held in chambers on April 28, 2014.
Scottlynn J.
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Hubbard, IV appeared telephonically as counsel for plaintiff;
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Michael Welch appeared
as counsel for defendant T & S Business
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Corporation; Cris C. Vaughan appeared telephonically as counsel
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for defendant Sells Financial Services, Inc.
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court makes the following findings and orders:
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SERVICE OF PROCESS
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All
After hearing, the
parties
have
been
served
and
no
further
service
is
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permitted except with leave of court, good cause having been
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shown.
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JOINDER OF PARTIES/AMENDMENTS
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No further joinder of parties or amendments to pleadings is
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permitted except with leave of court, good cause having been
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shown.
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(9th Cir. 1992).
See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604
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JURISDICTION/VENUE
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Jurisdiction is predicated upon 28 U.S.C. ยงยง 1331, 1343 &
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1367, is undisputed, and is hereby found to be proper, as is
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venue.
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MOTION HEARING SCHEDULES
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All law and motion except as to discovery is left open, save
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and except that it shall be conducted so as to be completed by
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July 28, 2015.
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all law and motion matters must be heard by the above date.
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Because this date is not necessarily a date previously set aside
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for law and motion hearings, it is incumbent upon counsel to
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contact this court's courtroom deputy, Ana Rivas at (916) 930-
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4133, sufficiently in advance so as to ascertain the dates upon
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which law and motion will be heard and to properly notice its
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motion for hearing before that date.
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refer to Local Rule 230 regarding the requirements for noticing
The word "completed" in this context means that
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Counsel are cautioned to
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such motions on the court's regularly scheduled law and motion
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calendar.
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motions shall be filed not later than 4:30 p.m. fourteen (14)
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days preceding the hearing date, or by proof of service by mail
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not less than seventeen (17) days preceding the hearing date.
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This
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temporary restraining orders or other emergency applications, and
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is
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"MISCELLANEOUS PROVISIONS" paragraph below.
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Opposition
paragraph
subject
At
the
does
to
any
time
of
or
not
statement
preclude
special
filing
of
non-opposition
motions
scheduling
a
motion,
for
set
to
all
continuances,
forth
opposition,
or
in
the
reply,
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counsel are directed to email a copy in word processing format to
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lkk-pleadings@caed.uscourts.gov.
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The parties should keep in mind that the purpose of law and
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motion is to narrow and refine the legal issues raised by the
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case, and to dispose of by pretrial motion those issues that are
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susceptible
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purpose, the parties need to identify and fully research the
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issues presented by the case, and then examine those issues in
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light of the evidence gleaned through discovery.
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to counsel after examining the legal issues and facts that an
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issue can be resolved by pretrial motion, counsel are to file the
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appropriate motion by the law and motion cutoff set forth supra.
to
resolution
without
trial.
To
accomplish
that
If it appears
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Unless prior permission has been granted, memoranda of law
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in support of and in opposition to motions are limited to thirty
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(30)
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pages.
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briefs to circumvent this rule.
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pages,
and
reply
memoranda
are
limited
to
fifteen
(15)
The parties are also cautioned against filing multiple
Where the parties bring motions for summary judgment, the
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1
court
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undisputed
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reserved
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reservation.
will
deem
under
and
facts
Fed.
that
which
R.
are
Civ.
party
apparently
P.
56(e),
tenders
undisputed
unless
evidence
as
specifically
to
support
the
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ALL
PURELY
LEGAL
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PRETRIAL
MOTION
AND
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ORDINARILY
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COUNSEL ARE CAUTIONED THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE
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BEEN TENDERED TO THE COURT BY PRETRIAL MOTION MUST BE RESOLVED BY
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THE COURT AFTER LAW AND MOTION CUTOFF, FOR INSTANCE WHERE THE
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ISSUE
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AGAINST COUNSEL WHO FAIL TO TIMELY FILE AN APPROPRIATE MOTION.
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IS
BE
ISSUES
A
VIEWED
Counsel
are
FAILURE
AS
JURISDICTION,
ARE
A
TO
TO
MAKE
WAIVER
AT
SUBSTANTIAL
further
reminded
BE
RESOLVED
SUCH
THE
TIME
SANCTIONS
that
A
BY
MOTION
OF
in
WILL
PRETRIAL.
WILL
motions
TIMELY
BE
LEVIED
limine
are
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procedural
devices
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evidence.
COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH
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DISFAVOR
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MOTIONS IN LIMINE
UPON
designed
SUBSTANTIVE
to
address
MOTIONS
the
PRESENTED
admissibility
IN
THE
GUISE
of
OF
AT THE TIME OF TRIAL.
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DISCOVERY
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No modifications of the discovery requirements found in the
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Federal Rules is ordered.
All discovery is left open, save and except that it shall be
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so conducted as to be completed by May 28, 2015.
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"completed" means that all discovery shall have been conducted so
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that all depositions have been taken and any disputes relative to
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discovery
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necessary and, where discovery has been ordered, the order has
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been complied with.
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on the magistrate judge's calendar in accordance with the local
shall
have
been
resolved
by
appropriate
The word
order
if
Motions to compel discovery must be noticed
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rules of this court and so that such motions will be heard not
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later than April 28, 2015.
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designate in writing and file with the court and serve upon all
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other parties a final list of the names of all experts that they
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propose to tender at trial not later than ninety (90) days before
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the
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experts shall submit written reports which counsel shall exchange
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at the time of designation.
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comply
close
of
with
discovery
Fed.
R.
In this regard, all counsel are to
herein
Civ.
established.
All
designated
The contents of the report must
P.
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(a)(2)(B).
All
experts
so
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designated are to be fully prepared to render an informed opinion
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at the time of designation so that they may fully participate in
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any deposition taken by the opposing party.
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permitted to testify at the trial as to any information gathered
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or
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subsequent to designation.
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evaluated,
or
opinion
formed,
Experts will not be
after
deposition
taken
An expert witness not appearing on said lists will not be
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permitted
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demonstrates:
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have
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exchanged;
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notified upon discovery of the witness; and (c) that the witness
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was promptly proffered for deposition.
been
to
testify
the
party
offering
the
witness
(a) that the necessity of the witness could not
reasonably
(b)
unless
the
anticipated
court
and
at
the
opposing
time
counsel
the
lists
were
were
promptly
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MID-LITIGATION STATEMENTS
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Not later than fourteen (14) days prior to the close of
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discovery, all parties shall file with the court and serve on all
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other parties a brief statement summarizing all law and motion
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practice heard by the court as of the date of the filing of the
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statement, whether the court has disposed of the motion at the
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time the statement is filed and served, and the likelihood that
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any further motions will be noticed prior to the close of law and
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motion.
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parties
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appropriate motions as set forth above.
The filing of this statement shall not relieve the
or
counsel
of
their
obligation
to
timely
notice
all
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FINAL PRETRIAL CONFERENCE
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The Final Pretrial Conference is SET for October 26, 2015,
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at 1:30 p.m.
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Pretrial will in fact try the matter.
Counsel are cautioned that counsel appearing for
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Counsel for all parties are to be fully prepared for trial
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at the time of the Pretrial Conference, with no matters remaining
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to
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testimony.
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relating
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Statements.
In addition to those subjects listed in Local Rule
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281(b),
the
parties
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concise
statement
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tendered to the court, and its resolution.
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WITH LOCAL RULES 280 AND 281 WILL BE GROUNDS FOR SANCTIONS.
be
accomplished
except
production
of
witnesses
for
oral
Counsel are referred to Local Rules 280 and 281
to
the
contents
are
which
to
of
and
provide
identifies
time
the
every
for
court
filing
with
Pretrial
a
plain,
non-discovery
motion
A FAILURE TO COMPLY
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The parties shall file Separate Pretrial Statements, the
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contents and timing of which are set forth in Local Rule 281,
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except that the parties are to prepare a JOINT STATEMENT with
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respect to the undisputed facts and disputed factual issues of
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the case.
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are reminded to include in their joint statement all disputed and
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undisputed special factual information as required by Local Rule
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281(b)(6).
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Joint Statement of Undisputed Facts and Disputed Factual Issues
See Local Rule 281(b)(3), (4), and (6).
The parties
Notwithstanding the provisions of Local Rule 281, the
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is to be filed with the court concurrently with the filing of
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plaintiff's Pretrial Statement.
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The undisputed facts and disputed factual issues are to be
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set forth in two separate sections.
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should identify first the general facts relevant to all causes of
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action.
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then identify those facts which are relevant to each separate
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cause of action.
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individual fact or factual issue.
In each section, the parties
After identifying the general facts, the parties should
In this regard, the parties are to number each
Where the parties are unable
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to agree as to what factual issues are properly before the court
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for
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"DISPUTED
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parties and explain by parenthetical the controversy concerning
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each issue.
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include the following introductory language:
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. ."
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should relate or correspond to an element of the relevant cause
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of action.
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will be read to the jury.
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trial,
they
FACTUAL
should
nevertheless
ISSUES"
all
issues
list
in
asserted
the
by
section
any
of
on
the
Each individual disputed fact or factual issue shall
"Whether or not . .
The parties should keep in mind that, in general, each fact
If the case is tried to a jury, the undisputed facts
Pursuant to Local Rule 281(b)(10) and (11), the parties are
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required
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witnesses and exhibits that they propose to proffer at trial, no
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matter for what purpose.
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the Pretrial Statement itself, but shall be attached as separate
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documents to be used as addenda to the Final Pretrial Order.
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Plaintiff's
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exhibits shall be listed alphabetically.
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alphabet is exhausted, defendants' exhibits shall be marked "2A-
to
provide
exhibits
in
their
Pretrial
Statements
a
list
of
These lists shall not be contained in
shall
be
listed
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numerically;
defendants'
In the event that the
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2Z, 3A-3Z, etc."
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standard for the proffering of witnesses and exhibits at trial
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not listed in the Pretrial Order.
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standard
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listing of exhibits or witnesses which counsel do not intend to
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call or use will be viewed as an abuse of the court's processes.
will
The Pretrial Order will contain a stringent
be
strictly
Counsel are cautioned that the
applied.
On
the
other
hand,
the
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Pursuant to Local Rule 281(b)(12), a party is required to
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provide a list of all answers to interrogatories and responses to
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requests for admission that the party expects to offer at trial.
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This list should include only those documents or portions thereof
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which the party expects to offer in its case-in-chief.
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otherwise barred by a rule of evidence or order of this court,
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the parties remain free to tender appropriate discovery documents
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during
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impeachment or memory refreshment.
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trial
Pursuant
for
to
such
Local
purposes
Rule
as,
but
not
the
parties'
281(b)(8),
Unless
limited
to,
Pretrial
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Statements
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Each party shall commence this section by specifying as to each
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claim whether federal or state law governs, and if state law, the
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state whose law is applicable.
shall
contain
a
"statement
of
legal
theory,
etc."
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Counsel are also reminded that, pursuant to Fed. R. Civ. P.
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16, it will be their duty at the Pretrial Conference to aid the
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court in (a) formulation and simplification of issues and the
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elimination
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facts which should be properly admitted; and (c) the avoidance of
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unnecessary proof and cumulative evidence.
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their Pretrial Statements, and participate in good faith at the
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Pretrial Conference, with these aims in mind.
of
frivolous
claims
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or
defenses;
(b)
settling
of
Counsel must prepare
A FAILURE TO DO SO
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MAY
2
monetary
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claims or defenses, or such other sanctions as the court deems
4
appropriate.
RESULT
IN
THE
sanctions,
IMPOSITION
orders
of
SANCTIONS
precluding
which
proof,
may
include
eliminations
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TRIAL SETTING
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Trial is SET for January 26, 2016, at 10:30 a.m.
of
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be by jury.
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Trial will
will take approximately three (3) days.
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SETTLEMENT CONFERENCE
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The parties represent in good faith that the trial
A Settlement Conference will be set before a judge other
than the trial judge at the time of the Pretrial Conference.
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Counsel
are
cautioned
to
have
a
principal
capable
of
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disposition present at the Settlement Conference or to be fully
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authorized
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Settlement Conference.
to
settle
the
matter
on
any
terms
and
at
the
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MISCELLANEOUS PROVISIONS
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The parties are reminded that pursuant to Fed. R. Civ. P.
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16(b),
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modified except by leave of court upon a showing of good cause.
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Counsel are cautioned that changes to any of the scheduled dates
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will necessarily result in changes to all other dates.
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even where good cause has been shown, the court will not grant a
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request to change the discovery cutoff date without modifying the
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pretrial and trial dates.
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the
Status
(pretrial
scheduling)
Order
shall
not
be
Thus,
Agreement by the parties pursuant to stipulation does not
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constitute good cause.
Nor does the unavailability of witnesses
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or
extraordinary
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good cause.
counsel,
except
in
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circumstances,
constitute
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The parties are reminded of their continuing obligation to
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supplement their statements relative to the identification of
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parent corporations and any publicly held company that owns 10%
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or more of the party's stock within a reasonable time of any
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change in the information.
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The parties are admonished that they are not to cite or
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refer to any of the quotations inscribed in the pavers on the
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front plaza of the United States Courthouse in any written or
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oral presentation to the court or a jury.
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There appear to be no other matters presently pending before
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the court that will aid the just and expeditious disposition of
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this matter.
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IT IS SO ORDERED.
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DATED:
May 1, 2014.
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