Johnson v. Meyer et al

Filing 10

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 9/4/14 ORDERING that the 9/15/2014 status (pretrial scheduling) conference is VACATED. All Discovery shall be completed by 11/25/2015; Designation of Expert Witnesse s due by 8/3/2015, and any rebuttal disclosures due by 9/3/2015; the last hearing date for a motion is 1/25/2016, commencing at 9:00 a.m.; the Final Pretrial Conference is set for 3/14/2016 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.; Trial is set for 6/21/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Scott Johnson,

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2:14-cv-01319-GEB-DAD

Plaintiff,

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No.

v.

STATUS (PRETRIAL SCHEDULING)
ORDER

Karin T Meyer,
Defendant*.

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The status (pretrial scheduling) conference scheduled

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for hearing on September 15, 2014, is vacated since the parties’

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Joint Status Report filed on August 13, 2014 (“JSR”) indicates

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the following Order should issue.
DISMISSAL OF DOE DEFENDANTS

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Since

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Plaintiff

has

not

justified

Doe

defendants

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remaining in this action, Does 1-10 are dismissed. See Order

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Setting Status (Pretrial Scheduling) Conference filed May 30,

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2014,

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defendant

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dismissed).

at

2

n.2

(indicating

allegations

not

that

if

provided

justification
Doe

defendants

for

“Doe”

would

be

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*

The caption has been amended according to the Dismissal of Doe
Defendants portion of this Order and Plaintiff’s August 6, 2014 Notice of
Dismissal of Defendant Robert Edward Lee. (ECF No. 8.)

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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.

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DISCOVERY

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All discovery shall be completed by November 25, 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

order

discovery

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ordered,

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Each

has

party

been

shall

have

shall

complied

been

comply

with

with

on

resolved

or

Federal

before

by

prescribed “completion” date.

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the

to

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 on or before August 3, 2015, and any contradictory

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and/or

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26(a)(2)(D)(ii) on or before September 3, 2015.

rebuttal

expert

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disclosure

authorized

under

Rule

MOTION HEARING SCHEDULE

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The last hearing date for a motion is January 25, 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

March

that

the

14,

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2016,

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attorney who WILL TRY THE CASE for each party shall attend the

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final pretrial conference. In addition, all persons representing

at

1:30

p.m.

The

parties

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2

are

cautioned

lead

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themselves

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pretrial conference.

and

appearing

in

propria

persona

must

attend

the

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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

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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.”).

to

The

be

joint

tried,

pretrial

and

the

statement

ultimate

shall

facts

address

on

which

the

each

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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

Committee
that

end,

Note
Rule

(1983
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Amendment

directs

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to

courts

subdivision
to

use

(c)).

pretrial

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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”).

notice

to

to

and

justify
trial);

an

opportunity

having

a

Portsmouth

claim

to
or

Square,

respond

with

affirmative
Inc.

v.

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

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Trial shall commence at 9:00 a.m. on June 21, 2016.

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IT IS SO ORDERED.

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Dated:

September 4, 2014

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