Burke v. Golden State Collections, LLC

Filing 14

ORDER signed by District Judge Morrison C. England, Jr. on 7/14/2016 ORDERING that all dispositive motions be heard by 8/25/2016; ORDERING that any Motion for Summary Judgment be filed 8 weeks prior to the hearing on such motions, that the opposition to such motions and any Cross-Motion for Summary Judgment be filed 5 weeks prior to said hearing, that any reply and opposition to the Cross-Motion for Summary Judgment be filed 3 weeks prior to said hearing, and that any reply to the Cross-Motion f or Summary Judgment be filed 1 week prior to said hearing; ORDERING the parties to file a Joint Notice of Trial Readiness within thirty (30) days afer receiving this Court's ruling(s) on the last filed dispositive motion or within thirty (30) da ys after the close of discovery if the parties do not intend to file dispositive motions; CAUTIONING all parties that this Pretrial Scheduling Order will become final without further order of the Court unless objections are filed within seven (7) court days. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JESSICA BURKE,

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Plaintiff,

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No. 2:14-cv-02156-MCE-CKD

v.
GOLDEN STATE COLLECTIONS,
LLC,

AMENDED PRETRIAL SCHEDULING
ORDER

Defendant.

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After reviewing Defendant’s Ex Parte Application to Modify Scheduling Order, the

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Court makes the following Amended Pretrial Scheduling Order.

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I.

SERVICE OF PROCESS
All named Defendants have been served and no further service is permitted

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without leave of court, good cause having been shown.

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II.

ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS
No joinder of parties or amendments to pleadings is permitted without leave of

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court, good cause having been shown.

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III.

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JURISDICTION/VENUE
Jurisdiction is predicated upon 15 U.S.C. §1692k(d) and 28 U.S.C. §§1331 and

1367. Jurisdiction and venue are not contested.
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IV.

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DISCOVERY
Discovery is closed.

V.

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MOTION HEARING SCHEDULE
The last day to hear dispositive motions shall be August 25, 2016. All papers

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should be filed in conformity with the Local Rules. However, with respect to Motions for

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Summary Judgment only, the parties shall comply with the following filing deadlines:
Motion for Summary
Judgment

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filed at least 3 weeks prior to hearing

Reply to cross-motion

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filed at least 5 weeks prior to hearing

Reply and opposition to
cross-motion

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filed at least 8 weeks prior to hearing

Opposition and any
cross-motion

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filed at least 1 week prior to hearing

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Absent leave of the Court, all issues the parties wish to resolve on summary

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judgment must be raised together in one (1) motion or cross-motion. Should the parties

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wish to file additional motions for summary judgment, they must seek leave of the Court.

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The parties are directed to the Court’s website for available hearing dates.

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(www.caed.uscourts.gov → select Judges → select Judge England → select Standard

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Information)

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All purely legal issues are to be resolved by timely pretrial motions. When

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appropriate, failure to comply with Local Rules 230 and 260, as modified by this Order,

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may be deemed consent to the motion and the Court may dispose of the motion

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summarily. With respect to motions for summary judgment, failure to comply with Local

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Rules 230 and 260, as modified by this Order, may result in dismissal for failure to

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prosecute (or failure to defend) pursuant to this Court's inherent authority to control its

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docket and/or Federal Rule of Civil Procedure 41(b). Further, failure to timely oppose a

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summary judgment motion1 may result in the granting of that motion if the movant shifts

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the burden to the nonmovant to demonstrate that a genuine issue of material fact

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remains for trial.

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The Court places a page limit for points and authorities (exclusive of exhibits and

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other supporting documentation) of twenty (20) pages on all initial moving papers, twenty

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(20) pages on oppositions, and ten (10) pages for replies. All requests for page limit

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increases must be made in writing to the Court setting forth any and all reasons for any

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increase in page limit at least seven (7) days prior to the filing of the motion.

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For the Court’s convenience, citations to the Supreme Court Lexis database
should include parallel citations to the Westlaw database.

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The parties are reminded that a motion in limine is a pretrial procedural device

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designed to address the admissibility of evidence. The Court will look with disfavor upon

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dispositional motions presented at the Final Pretrial Conference or at trial in the guise of

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motions in limine.

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The parties are cautioned that failure to raise a dispositive legal issue that could

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have been tendered to the court by proper pretrial motion prior to the dispositive motion

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cut-off date may constitute waiver of such issue.

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VI.

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TRIAL SETTING
The parties are ordered to file a Joint Notice of Trial Readiness not later than

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thirty (30) days after receiving this Court’s ruling(s) on the last filed dispositive motion. If

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the parties do not intend to file dispositive motions, the parties are ordered to file a Joint

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Notice of Trial Readiness not later than thirty (30) days after the close of discovery and

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the notice must include statements of intent to forgo the filing of dispositive motions.

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The parties are to set forth in their Notice of Trial Readiness, the appropriateness

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of special procedures, whether this case is related to any other case(s) on file in the

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Eastern District of California, the prospect for settlement, their estimated trial length, any

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The Court urges any party that contemplates bringing a motion for summary judgment or who
must oppose a motion for summary judgment to review Local Rule 260.

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request for a jury, and their available trial dates. After review of the parties’ Joint Notice

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of Trial Readiness, the Court will issue an order that sets forth a final pretrial conference

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and trial date.

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VII.

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SETTLEMENT CONFERENCE
The parties may request a settlement conference if they feel it would lead to the

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possible resolution of the case. In the event an early settlement conference date is

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requested, the parties shall file said request jointly, in writing. The request must state

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whether the parties waive disqualification, pursuant to Local Rule 270(b), before a

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settlement judge can be assigned to the case. Absent the parties’ affirmatively

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requesting that the assigned Judge or Magistrate Judge participate in the settlement

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conference AND waiver, pursuant to Local Rule 270(b), a settlement judge will be

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randomly assigned to the case.

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In the event a settlement conference is set by the Court, counsel are instructed to

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have a principal with full settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms. At least seven (7) calendar days

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before the settlement conference, counsel for each party shall submit to the chambers of

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the settlement judge a confidential Settlement Conference Statement. Such statements

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are neither to be filed with the Clerk nor served on opposing counsel. Each party,

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however, shall serve notice on all other parties that the statement has been submitted. If

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the settlement judge is not the trial judge, the Settlement Conference Statement shall not

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be disclosed to the trial judge.

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VIII.

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VOLUNTARY DISPUTE RESOLUTION PROGRAM
Pursuant to Local Rule 271 parties will need to lodge a stipulation and proposed

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order requesting referral to the Voluntary Dispute Resolution Program.

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IX.

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MODIFICATION OF PRETRIAL SCHEDULING ORDER
The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil

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Procedure, the Pretrial Scheduling Order shall not be modified except by leave of court

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upon a showing of good cause. Agreement by the parties pursuant to stipulation alone
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to modify the Pretrial Scheduling Order does not constitute good cause. Except in

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extraordinary circumstances, unavailability of witnesses or counsel will not constitute

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good cause.

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X.

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OBJECTIONS TO PRETRIAL SCHEDULING ORDER
This Pretrial Scheduling Order will become final without further order of the Court

unless objections are filed within seven (7) court days of service of this Order.
IT IS SO ORDERED.
Dated: July 14, 2016

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