Pickern v. US Food Corp Inc., et al

Filing 8

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr., on 11/6/14 ORDERING that the 11/10/14 status (pretrial scheduling) conference hearing is VACATED. All discovery shall be completed by 5/18/16. Designation of Expert Witne sses due by 2/22/16, and any rebuttal disclosures due by 3/22/16. The last hearing date for a motion is 8/22/16, commencing at 9:00 a.m.. The Final Pretrial Conference is SET for 10/17/2016 at 01:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr.. The Trial is SET for 1/24/17 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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BRENDA PICKERN,

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Plaintiff,

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No. 2:14-cv-01806-GEB-CMK

v.

STATUS (PRETRIAL SCHEDULING)
ORDER

US FOOD CORP, INC. dba LONG
JOHN SILVERS #31918,
Defendant*.

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The status (pretrial scheduling) conference scheduled

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for hearing on November 10, 2014, is vacated since the parties‟

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Joint Status Report filed on October 27, 2014 (“JSR”) indicates

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the following Order should issue.
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.
DISCOVERY

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All

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discovery

shall

be

completed

by

May

18,

2016.

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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

to

discovery

shall

have

been

resolved

by

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*

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The caption has been amended according to the August 27, 2014 dismissal
of Defendant Lojon Property, LLC. (ECF No. 5.)

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ordered,

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prescribed “completion” date.

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the

order

Each

has

party

been

shall

complied

comply

with

with

on

Federal

or

before

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

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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 22, 2016.

on

or

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before

February

22,

2016,

and

any

MOTION HEARING SCHEDULE

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The last hearing date for a motion is August 22, 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 October 17,

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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

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pretrial conference.

at

1:30

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

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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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.”).

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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

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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”).

Committee
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 January 24, 2017.

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IT IS SO ORDERED.

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Dated:

November 6, 2014

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