Smith v. Calstate Land Investment Inc. et al

Filing 13

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 8/20/14: Discovery due by 9/5/2014. Dispositive Motions filed by 3/27/2015. Final Pretrial Conference set for 5/11/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 6/30/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 ANNA SMITH, Plaintiff, 13 14 15 16 17 CIV. NO. 2:14-1098 WBS CMK v. CALSTATE LAND INVESTMENT INC., a California Corporation; MARC V. MORETTI; and DOES 1-10, Defendants. 18 19 ----oo0oo---- 20 STATUS (PRETRIAL SCHEDULING) ORDER 21 After reviewing the parties’ Joint Status Report, the 22 23 court hereby vacates the Status (Pretrial Scheduling) Conference 24 scheduled for September 8, 2014, and makes the following findings 25 and orders without needing to consult with the parties any 26 further. 27 I. SERVICE OF PROCESS 28 All remaining defendants have been served, and no 1 1 further service is permitted without leave of court, good cause 2 having been shown under Federal Rule of Civil Procedure 16(b). 3 II. JOINDER OF PARTIES/AMENDMENTS 4 No further joinder of parties or amendments to 5 pleadings will be permitted except with leave of court, good 6 cause having been shown under Federal Rule of Civil Procedure 7 16(b). 8 (9th Cir. 1992). 9 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 III. JURISDICTION/VENUE 10 Jurisdiction is predicated upon federal question 11 jurisdiction, 28 U.S.C. §§ 1331, 1343, because plaintiff’s claims 12 arise under the Americans with Disabilities Act, 42 U.S.C. § 13 12101 et seq. 14 U.S.C. § 1367. 15 proper. Supplemental jurisdiction is predicated upon 28 Venue is undisputed and is hereby found to be 16 IV. SETTLEMENT CONFERENCE 17 The court has determined that this case is appropriate 18 for an early settlement conference. 19 the assigned magistrate judge’s courtroom deputy no later than 20 September 5, 2014, by phone or email to schedule an early 21 settlement conference. 22 magistrate judge is available at under the 23 “Judges” tab. 24 The parties shall contact Contact information for the assigned At the settlement conference, each party is ordered to 25 have a principal with full settlement authority present at the 26 conference or be fully authorized to settle the matter on any 27 terms. 28 Settlement Conference, counsel for each party shall submit a No later than seven days before the date of the 2 1 confidential Settlement Conference Statement to the settlement 2 judge. 3 delivered to the chambers of the settlement judge, in hard copy. Such statements shall not be filed, but shall be 4 V. DISCOVERY 5 The parties shall serve the initial disclosures 6 required by Federal Rule of Civil Procedure 26(a)(1) by no later 7 than September 5, 2014. 8 9 All non-expert discovery, including depositions for preservation of testimony, is left open, save and except that it 10 shall be so conducted as to be completed by February 13, 2015. 11 The word “completed” means that all discovery shall have been 12 conducted so that all depositions have been taken and any 13 disputes relevant to discovery shall have been resolved by 14 appropriate order if necessary and, where discovery has been 15 ordered, the order has been obeyed. 16 discovery must be noticed on the magistrate judge’s calendar in 17 accordance with the local rules of this court and so that such 18 motions may be heard (and any resulting orders obeyed) not later 19 than February 13, 2015. 20 All motions to compel The parties shall disclose experts and produce reports 21 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 22 later than March 13, 2015. 23 intended solely for rebuttal, those experts shall be disclosed 24 and reports produced in accordance with Federal Rule of Civil 25 Procedure 26(a)(2) on or before March 27, 2015. With regard to expert testimony 26 VI. 27 All motions, except motions for continuances, temporary 28 MOTION HEARING SCHEDULE restraining orders, or other emergency applications, shall be 3 1 filed on or before March 27, 2015. 2 for the next available hearing date. 3 refer to the local rules regarding the requirements for noticing 4 and opposing such motions on the court’s regularly scheduled law 5 and motion calendar. All motions shall be noticed Counsel are cautioned to 6 VII. FINAL PRETRIAL CONFERENCE 7 The Final Pretrial Conference is set for May 11, 2015, 8 at 2:00 p.m. in Courtroom No. 5. 9 attended by at least one of the attorneys who will conduct the 10 trial for each of the parties and by any unrepresented parties. 11 The conference shall be Counsel for all parties are to be fully prepared for 12 trial at the time of the Pretrial Conference, with no matters 13 remaining to be accomplished except production of witnesses for 14 oral testimony. 15 and are referred to Local Rules 281 and 282 relating to the 16 contents of and time for filing those statements. 17 those subjects listed in Local Rule 281(b), the parties are to 18 provide the court with: (1) a plain, concise statement which 19 identifies every non-discovery motion which has been made to the 20 court, and its resolution; (2) a list of the remaining claims as 21 against each defendant; and (3) the estimated number of trial 22 days. 23 Counsel shall file separate pretrial statements, In addition to In providing the plain, concise statements of 24 undisputed facts and disputed factual issues contemplated by 25 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 26 that remain at issue, and any remaining affirmatively pled 27 defenses thereto. 28 parties shall also prepare a succinct statement of the case, If the case is to be tried to a jury, the 4 1 which is appropriate for the court to read to the jury. 2 VIII. TRIAL SETTING 3 The jury trial is set for June 30, 2015, at 9:00 a.m. 4 Defendants request a jury trial. The parties estimate that a 5 jury trial will take between three and five days. 6 IX. MODIFICATIONS TO SCHEDULING ORDER 7 Any requests to modify the dates or terms of this 8 Scheduling Order, except requests to change the date of the 9 trial, may be heard and decided by the assigned Magistrate Judge. 10 All requests to change the trial date shall be heard and decided 11 only by the undersigned judge. 12 Dated: August 20, 2014 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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