Johnson v. Rehman, et al.

Filing 22

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 12/5/14: Discovery due by 9/14/2015. Dispositive Motions filed by 11/16/2015. Final Pretrial Conference set for 1/25/2016 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. Trial set for 4/19/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Kaminski, H)

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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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No.

2:14-cv-01454-GEB-AC

Plaintiff,
v.
Azizur Rehman; Omar Ghaith;
and Does 1-10,

STATUS (PRETRIAL SCHEDULING)
ORDER

Defendants.

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The status (pretrial scheduling) conference scheduled

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for hearing on December 15, 2014, is vacated since the parties‟

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Joint Status Report filed on December 1, 2014 (“JSR”) indicates

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the following Order should issue.

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DOE DEFENDANTS, SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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The parties state in the JSR concerning the possible

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joinder

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of

additional

follows:

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(b)

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Plaintiff:
parties.

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parties

and

amendment

of

pleadings

Possible Joinder of Additional Parties
anticipates

joining

additional

Defendants: anticipate[] joining such parties
who are discovered to be participating in a
conspiracy to commit fraud.
(c)

Anticipated Amendments to the Pleadings

Plaintiff: does not anticipate amendment to
the pleadings.
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as

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Defendants: do[] not anticipate amendment
unless cross-defendants are discovered.

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(JSR 2:4-13, ECF No. 21.)

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These

statements

fail

to

comply

with

the

parties‟

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obligation under Rule 16 to provide meaningful information on

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when the referenced joinders and/or amendment will be sought.1

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Therefore,

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identifying any additional parties forthwith, and are authorized

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to file a motion(s) in which they seek leave authorizing them to
the

the

parties

referenced

shall

pleadings

conduct

provided

discovery

that

the

pertinent

motion(s)

to

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file

in

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which leave is sought are filed no later than ninety from the

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date on which this order is filed; the motion(s) shall be noticed

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for hearing on the earliest available regularly scheduled law and

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motion hearing date. If leave is not sought as stated, Does 1-10

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will be automatically dismissed from this action.

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No further service, joinder of parties, or amendments

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to pleadings is permitted, except with leave of Court for good

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cause shown.
ADDED PARTIES‟ OPPORTUNITY TO SEEK AMENDMENT OF THIS ORDER

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If a party is joined pursuant to the leave given above,

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a copy of this Order shall be served on that party concurrently

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with service of process.

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That party has 30 days after said service within which

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to file a “Notice of Proposed Modification of Status Order.”

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Although

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a

newly-joined

party‟s

proposed

modification

filed

The November 6, 2014 Order Continuing Status Conference, (ECF No. 20),
continued the status conference so additional information concerning the
timing of the anticipated joinder of parties could be addressed in a further
joint status report. Notwithstanding that order, the parties provided no
further information concerning this timing in the December 1, 2014 JSR.

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within this thirty day period will not have to meet the good

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cause standard, no further amendments will be permitted, except

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with leave of Court for good cause shown.

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DISCOVERY

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All discovery shall be completed by September 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

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ordered,

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relative

the

to

order

discovery

has

been

shall

have

complied

been

with

on

or

resolved

before

by

the

prescribed “completion” date.

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Each

party

shall

comply

with

Federal

Rule

of

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 April 14, 2015, and any contradictory

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and/or

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26(a)(2)(D)(ii) on or before May 14, 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 November 16,

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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 January 25,

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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

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themselves

at

2:30

and

p.m.

The

appearing

parties

in

are

propria

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3

cautioned

persona

that

must

the

attend

lead

the

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pretrial conference.

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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

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F.2d 641, 645 (9th Cir. 1981) (indicating that a party shall be

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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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

an

justify
trial);

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 April 19, 2016.

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IT IS SO ORDERED.

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Dated:

December 5, 2014

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