Johnson v. Ratto, et al

Filing 10

ORDER signed by Judge Garland E. Burrell, Jr on 11/20/14 ORDERING that The status (pretrial scheduling) conference scheduled for hearing on November 24, 2014, is vacated; All discovery shall be completed by December 22, 2015. Trial shall commence at 9:00 a.m. on July 26, 2016.(Dillon, M)

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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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v.

Defendants*.

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The status (pretrial scheduling) conference scheduled
for hearing on November 24, 2014, is vacated since the parties‟
Joint Status Report filed on November 10, 2014 (“JSR”) indicates
the following Order should issue.

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DISMISSAL OF DOE DEFENDANTS

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STATUS (PRETRIAL SCHEDULING)
ORDER

Joseph P Ratto, in his
individual and representative
capacity as Trustee--Joseph P
Ratto & Linda A Ratto 2000
Trust; Linda A Ratto, in her
individual and representative
capacity as Trustee-- Joseph
P Ratto & Linda A Ratto 2000
Trust; and Harry Marvin
Costa,

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2:14-cv-01981-GEB-DD

Plaintiff,

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No.

Since

Plaintiff

has

not

justified

Doe

defendants

remaining in this action, Does 1-10 are dismissed. See Order
Setting Status (Pretrial Scheduling) Conference filed August 26,
2014,

at

defendant

2

n.2

(indicating

allegations

not

that

if

provided

justification
Doe

defendants

for

“Doe”

would

be

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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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dismissed).

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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 December 22, 2015.

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“Completed” means all discovery shall be conducted so that any

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dispute

relative

to

discovery

shall

have

been

resolved

by

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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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the

order

Each

has

party

been

shall

complied

comply

with

with

on

or

Federal

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 on or before August 28, 2015, and any contradictory

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and/or

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26(a)(2)(D)(ii) on or before September 28, 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 February 22,

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2016, 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

April

that

the

25,

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2016,

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

at

1:30

p.m.

The

parties

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2

are

cautioned

lead

1

final pretrial conference. In addition, all persons representing

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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

to

The

be

joint

tried,

pretrial

and

the

statement

ultimate

shall

facts

address

on

which

the

each

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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.”).

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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.

Committee
that

end,

Note
Rule

(1983
16

Amendment

directs

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to

courts

subdivision
to

use

(c)).

pretrial

1

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”).

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 July 26, 2016.

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IT IS SO ORDERED.

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Dated:

November 20, 2014

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