Reitz et al v. Progressive Direct Insurance Company et al

Filing 20

ORDER (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 11/20/14 ORDERING that Plaintiffs have until 1/16/15 to file a motion for leave to file an amended Complaint. All discovery shall be completed by 7/15/15. Designation of Expert Witnesses are due on or before 2/13/15 and any rebuttal disclosures are due on or before 3/17/15. The last hearing date for a motion is 9/28/15, commencing at 9:00 a.m. The Final Pretrial Conference is SET for 11/23/2015 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. Trial is SET for 2/23/2016 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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MISTY DAWN REITZ, and
NICHOLAS IVEY,
Plaintiffs,

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No.

2:14-cv-01614-GEB-EFB

STATUS (PRETRIAL SCHEDULING)
ORDER

v.
PROGRESSIVE DIRECT INSURANCE
COMPANY, an Ohio Corporation
registered to do business in
the State of California; and
Does I through CC, inclusive,
Defendants.

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The parties‟ Joint Status Report filed on November 10,
2014 (“JSR”) indicates the following Order should issue.
SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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Plaintiffs state in the JSR that they “may move to

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amend their pleadings to allege the true names and capacities of

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defendants named as DOES . . . on or before January 16, 2015.”

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(JSR 3:7-12, ECF No. 17.)

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Plaintiffs

have

until

January

16,

2015,

to

file

a

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motion in which leave is sought under Federal Rule of Civil

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Procedure 15(a) to file an Amended Complaint substituting a named
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defendant in place of a Doe defendant. The referenced motion must

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be noticed for hearing on the Court‟s earliest available law and

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motion date. If leave is not sought as stated, Does I-CC will be

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automatically dismissed from this action.

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Other than an amendment that could be authorized if all

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or part of the pending motion to strike is granted, no further

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service,

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permitted, except with leave of Court for good cause shown.

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joinder

of

parties,

or

amendments

to

pleadings

is

ADDED DEFENDANT‟S OPPORTUNITY TO SEEK AMENDMENT OF THIS ORDER

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If Plaintiffs substitute a named defendant in place of

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a Doe defendant pursuant to the leave given above, a copy of this

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Order shall be served on that defendant concurrently with the

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service of process.

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That defendant has 30 days after said service within

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which

to

file

a

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Order.”

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

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good cause standard, no further amendments will be permitted,

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except with leave of Court for good cause shown.

Although

“Notice
a

of

Proposed

newly-joined

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Modification

party‟s

proposed

of

Status

modification

DISCOVERY

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All

discovery

shall

be

completed

by

July

15,

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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prescribed “completion” date.

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///

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///

relative

the

to

order

discovery

has

been

shall

complied

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have

with

been

on

or

resolved

before

by

the

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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

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contradictory and/or rebuttal expert disclosure authorized under

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Rule 26(a)(2)(D)(ii) on or before March 17, 2015.

on

or

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before

February

13,

2015,

and

any

MOTION HEARING SCHEDULE

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The last hearing date for a motion is September 28,

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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 November 23,

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2015,

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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

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pretrial conference.

at

2:30

and

p.m.

The

parties

appearing

in

are

propria

cautioned

persona

that

must

the

attend

lead

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

to

The

be

joint

tried,

pretrial

and

the

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statement

ultimate

shall

facts

on

address

which

the

each

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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.”).

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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

Committee

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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

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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”).

that

end,

notice

to

to

Note
Rule

and

justify
trial);

an

(1983
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Amendment

directs

opportunity

having

a

Portsmouth

claim

to

courts

to
or

Square,

subdivision
to

use

respond

pretrial

with

affirmative
Inc.

v.

(c)).

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 February 23, 2016.

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IT IS SO ORDERED.

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Dated:

November 20, 2014

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