Sievers v. Bally Gaming, Inc

Filing 12

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 10/14/2015; Designation of Expert Witnesses d ue by 5/29/2015, and any rebuttal disclosures due by 7/1/2015; the last hearing date for a motion is 12/14/2015, commencing at 9:00 a.m.; the Final Pretrial Conference is set for 2/8/2016 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; Trial is set for 5/17/2016 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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Charles F. Sievers, Jr.,

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2:14-cv-01414-GEB-KJN

Plaintiff,

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No.

v.

STATUS (PRETRIAL SCHEDULING)
ORDER

Bally Gaming, Inc.,
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 29, 2014 (“JSR”) indicates

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the following Order should issue.
DISMISSAL OF DOE DEFENDANTS

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Since Plaintiff states in the JSR that he “does not

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anticipate that any Doe Defendants will need to be joined as

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additional parties[,]” Does 1-50 are dismissed. See Order Setting

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Status (Pretrial Scheduling) Conference filed June 12, 2014, at 2

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n.2

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allegations not provided Doe defendants would be dismissed).

(indicating

that

if

justification

for

“Doe”

defendant

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*

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The caption has been amended
Defendants portion of this Order.

according

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to

the

Dismissal

of

Doe

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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 October 14, 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

comply

with

been

with

on

or

resolved

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 May 29, 2015, and any contradictory

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and/or

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26(a)(2)(D)(ii) on or before July 1, 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 December 14,

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2015, commencing at 9:00 a.m. Any motion shall be briefed as

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prescribed 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 February 8,

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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

2:30

p.m.

The

parties

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2

are

cautioned

that

the

lead

1

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 May 17, 2016.

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IT IS SO ORDERED.

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Dated:

September 4, 2014

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