Concrete Washout Systems, Inc., v. Terrell Moran, Inc., et al.,

Filing 27

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 1/14/15: Discovery due by 3/2/2015. Dispositive Motions filed by 11/2/2015. Final Pretrial Conference set for 1/4/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Bench Trial set for 3/8/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CONCRETE WASHOUT SYSTEMS,
INC., a California
corporation,
Plaintiff,

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CIV. NO. 2:14-00830 WBS CKD

v.
TERRELL MORAN, INC., TMI
SERVICES TRUCKS & EQUIPMENT
RETNALS LLC, TMI CONCRETE
WASHOUT TRUCKS & EQUIPMENT
RENTALS LLC, TERRELL MORAN,
TODD TERMINI, and Does 1-100,
Defendants.

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STATUS (PRETRIAL SCHEDULING) ORDER

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The court has reviewed the Second Amended Joint Status

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Report (“SAJSR”) submitted by plaintiff Concrete Washout Systems,

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Inc. and defendants Terrell Moran and Terrell Moran, Inc.

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(Docket No. 26.)

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Equipment Rentals LLC (erroneously named “TMI Services Trucks &

The SAJSR indicates that defendants Trucks and

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Equipment Rentals LLC” in the Complaint) and Trucks And Machinery

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for Industry LLC (erroneously named “TMI Concrete Washout &

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Equipment Rentals LLC” in the Complaint) declined to sign the

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SAJSR or suggest any changes.

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vacates the Status (Pretrial Scheduling) Conference scheduled for

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January 20, 2015, and makes the following findings and orders

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without needing to consult with the parties any further.

(SAJSR at 2.)

The court hereby

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I.

SERVICE OF PROCESS

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The SAJSR indicates that all parties have been served.

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No further service is permitted without leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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II.

JOINDER OF PARTIES/AMENDMENTS

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Plaintiff states that it will amend its Complaint to

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reflect the true names of Trucks and Equipment Rentals LLC and

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Trucks And Machinery for Industry LLC.

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no further joinder of parties or amendments to pleadings will be

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permitted except with leave of court, good cause having been

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shown under Federal Rule of Civil Procedure 16(b).

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v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

After January 26, 2015,

See Johnson

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III. JURISDICTION/VENUE

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Plaintiff predicates jurisdiction on 28 U.S.C. §§ 1331

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and 1338, because this case arises under an Act of Congress

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relating to patents and plaintiff alleges patent infringement

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pursuant to 35 U.S.C. § 271.

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Terrell Moran, Inc. have consented to venue in this district.

Defendants Terrell Moran and

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Defendants Trucks and Equipment Rentals LLC and Trucks

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And Machinery for Industry LLC have moved to dismiss pursuant to
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Federal Rule of Civil Procedure 12(b)(2) for lack of personal

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jurisdiction.

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hearing before this court on February 9, 2015, at 2:00 p.m.

(Docket No. 24.)

That motion is currently set for

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IV.

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 March 2, 2015.

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The parties shall disclose experts and produce reports
in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than June 30, 2015.

With regard to expert testimony

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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 July 30, 2015.

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All discovery, including depositions for preservation

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of testimony, is left open, save and except that it shall be so

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conducted as to be completed by August 31, 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 relevant to

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discovery shall have been resolved by appropriate order if

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necessary and, where discovery has been ordered, the order has

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

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rules of this court and so that such motions may be heard (and

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any resulting orders obeyed) not later than August 31, 2015.

The word

All motions to compel discovery must be noticed on

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V.

MOTION HEARING SCHEDULE

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All motions, except motions for continuances, temporary

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restraining orders, or other emergency applications, shall be

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filed on or before November 2, 2015.
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All motions shall be

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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

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

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scheduled law and motion calendar.

Counsel are

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for January 4,

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2016, 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.

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Counsel shall file separate pretrial statements,

In addition to

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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VII.

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The bench trial is set for March 8, 2016, at 9:00 a.m.

TRIAL SETTING

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No party has requested a jury trial, and the parties estimate

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that the trial will take one day.

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VIII. 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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IX.

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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Dated:

January 14, 2015

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