Plane Exchange, Inc. v. Francois

Filing 13

ORDER CONSOLIDATING CASES signed by Senior Judge William B. Shubb on 7/18/14. Case number 2:14-cv-0784 WBS KJN and 2:14-cv-1517 WBS KJN are hereby consolidated for all purposes. The Clerk is instructed to administratively close 2:14-cv-1517. All docu ments shall be filed and docketed in 2:14-cv-784 and all dates in the closed case are VACATED. SCHEDULING ORDER in 2:14-cv-784 as follows: Designation of Expert Witnesses due by 11/7/2014. Discovery due by 7/28/2014. Dispositive Motions filed by 2/23/2015. Final Pretrial Conference set for 4/13/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 5/27/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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Plaintiff,

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ORDER CONSOLIDATING CASES AND
AMENDED SCHEDULING ORDER

THE PLANE EXCHANGE, INC.

v.

CIV. NO. 2:14-784 WBS KJN

PAUL FRANCOIS,
Defendant.

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PAUL FRANCOIS,
Plaintiff,

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v.
CIV. NO. 2:14-1517 WBS KJN

CRAIG VINCENT,
Defendant.

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----oo0oo---Having received the parties’ joint statement regarding

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consolidation, the court hereby enters the following Orders and

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schedule in the above-captioned cases.
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I.

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For the reasons expressed in its earlier Order inviting

CONSOLIDATION

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the parties to express their views on consolidation, the two

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above-captioned cases are hereby ordered consolidated pursuant to

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Federal Rule of Civil Procedure 42(a)(2) for all purposes, and

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the disposition will take the form of a single judgment that will

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apply to both cases.

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and all documents shall be filed on that docket; however, counsel

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are instructed to include both case numbers on all filings.

The main case number will now be 2:14-784

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II.

DISCOVERY

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The parties shall serve the initial disclosures

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required by Federal Rule of Civil Procedure 26(a)(1) by no later

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than July 28, 2014.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than November 7, 2014.

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intended solely for rebuttal, those experts shall be disclosed

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and reports produced in accordance with Federal Rule of Civil

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Procedure 26(a)(2) on or before November 21, 2014.

With regard to expert testimony

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All discovery in the now-consolidated matter, including

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depositions for preservation of testimony, is left open, save and

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except that it shall be so conducted as to be completed by

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December 31, 2014.

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shall have been conducted so that all depositions have been taken

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and any disputes relevant to discovery shall have been resolved

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by appropriate order if necessary and, where discovery has been

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ordered, the order has been obeyed.

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discovery must be noticed on the magistrate judge’s calendar in

The word “completed” means that all discovery

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All motions to compel

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accordance with the local rules of this court and so that such

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motions may be heard (and any resulting orders obeyed) not later

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than December 31, 2014.

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III.

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All motions, except motions for continuances, temporary

MOTION HEARING SCHEDULE

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restraining orders, or other emergency applications, shall be

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filed on or before February 23, 2015.

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noticed for the next available hearing date.

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cautioned to refer to the local rules regarding the requirements

All motions shall be
Counsel are

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for noticing and opposing such motions on the court’s regularly

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scheduled law and motion calendar.

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IV.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for April 13,

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2015, at 2:00 p.m. in Courtroom No. 5.

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attended by at least one of the attorneys who will conduct the

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trial for each of the parties and by any unrepresented parties.

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The conference shall be

Counsel for all parties are to be fully prepared for

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trial at the time of the Pretrial Conference, with no matters

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remaining to be accomplished except production of witnesses for

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oral testimony.

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and are referred to Local Rules 281 and 282 relating to the

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contents of and time for filing those statements.

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those subjects listed in Local Rule 281(b), the parties are to

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provide the court with: (1) a plain, concise statement which

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identifies every non-discovery motion which has been made to the

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court, and its resolution; (2) a list of the remaining claims as

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against each defendant; and (3) the estimated number of trial

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days.

Counsel shall file separate pretrial statements,

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In addition to

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In providing the plain, concise statements of

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undisputed facts and disputed factual issues contemplated by

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Local Rule 281(b)(3)-(4), the parties shall emphasize the claims

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that remain at issue, and any remaining affirmatively pled

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defenses thereto.

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parties shall also prepare a succinct statement of the case,

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which is appropriate for the court to read to the jury.

If the case is to be tried to a jury, the

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V.

TRIAL SETTING

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The jury trial is set for May 27, 2015, at 9:00 a.m.

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The parties request a jury trial and estimate that the trial will

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last between four and six days.

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VI. SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the

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Pretrial Conference.

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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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All parties should be prepared to advise

Counsel are instructed to have a principal with full

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settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms.

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seven calendar days before the Settlement Conference counsel for

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.

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judge is not the trial judge, the Settlement Conference

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

At least

If the settlement

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VII.

MODIFICATIONS TO SCHEDULING ORDER

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Any requests to modify the dates or terms of this

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Scheduling Order, except requests to change the date of the
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trial, may be heard and decided by the assigned Magistrate Judge.

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All requests to change the trial date shall be heard and decided

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only by the undersigned judge.

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IT IS THEREFORE ORDERED that Plane Exchange, Inc. v.

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Francois, Civ. No. 2:14-784 WBS KJN, and Francois v. Vincent,

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Civ. No. 2:14-1517 WBS KJN be, and the same hereby are,

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CONSOLIDATED for all purposes.

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instructed to administratively close the 2:14-1517 case.

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documents shall be filed and docketed in the 2:14-784 case.

The Clerk of the Court is
All

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dates currently set in the 2:14-1517 case are hereby VACATED.

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Dated:

July 18, 2014

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All