Folkens v. Wyland, et al

Filing 32

AMENDED STATUS (Pre-trial Scheduling) ORDER signed by District Judge John A. Mendez on 1/8/16 ORDERING that all Dispositive Motions shall be filed by 3/8/2016. Hearing on such motions shall be on 4/5/2016 at 1:30 p.m.. The Final Pretrial Conference is SET for 5/20/2016 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. The Jury Trial is SET for 7/11/2016 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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10 PIETER A. FOLKENS,
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2:14-cv-2197 JAM CKD

Plaintiff,
v.

WYLAND WORLDWIDE LLC,
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Defendants.
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AMENDED
STATUS (Pre-trial
Scheduling) ORDER

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In view of the reassignment of this matter to Judge Mendez, the Court issues the

18 following order Amended Status (pre-trial Scheduling) Order:
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JURISDICTION AND VENUE
Jurisdiction and venue are not contested.
FICTITIOUSLY-NAMED DEFENDANTS
This action, including any counterclaims, cross-claims, and third party complaints is

23 hereby DISMISSED as to all DOE or other fictitiously-named defendants.
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MOTION HEARINGS SCHEDULES

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All dispositive motions shall be filed by March 8, 2016. Hearing on such motions shall

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be on April 5, 2016 at 1:30 p.m.

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The parties are reminded of the notice requirements as outlined in Local Rule 230(b).
The time deadline for dispositive motions does not apply to motions for continuances,

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temporary restraining orders or other emergency applications.

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All purely legal issues are to be resolved by timely pre-trial motions. The parties are

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reminded that motions in limine are procedural devices designed to address the admissibility

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of evidence and are cautioned that the court will look with disfavor upon substantive motions

10 presented at the final pre-trial conference or at trial in the guise of motions in limine. The parties
11 are further cautioned that if any legal issue which should have been tendered to the court by
12 proper pre-trial motion requires resolution by the court after the established law and motion
13 cut-off date, substantial sanctions may be assessed for the failure to file the appropriate pre-trial
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Unless prior permission has been granted, memoranda of law in support of and in

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opposition to motions under Federal Rule of Civil Procedure 56 and 65 and any post−judgment

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or post−trial motions are limited to twenty−five (25) pages, and reply memoranda are limited

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to ten (10) pages. Memoranda of law in support of and in opposition to all other motions are
limited to fifteen (15) pages, and reply memoranda are limited to five (5) pages. The parties
are also cautioned against filing multiple briefs to circumvent this rule.

20 A violation of this Order will result in monetary sanctions being imposed against counsel in the
21 amount of $50.00 per page and the Court will not consider any arguments made past the page
22 limit.
23 Documentary evidence submitted in support of or in opposition to a motion must be separately
24 bound or placed in a binder, and exhibits must be separated with labeled tabs that extend beyond
the edge of the page. An Index of exhibits must also be included.
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FINAL PRE-TRIAL CONFERENCE

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The final pre-trial conference is set for May 20, 2016 at 10:00 a.m. In each instance

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an attorney who will try the case for a given party shall attend the final pretrial conference on

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behalf of that party; provided, however, that if by reason of illness or other unavoidable cir-

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cumstance the trial attorney is unable to attend, the attorney who attends in place of the trial

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attorney shall have equal familiarity with the case and equal authorization to make commitments

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on behalf of the client. All pro se parties must attend the pre-trial conference.

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Counsel for all parties and all pro se parties are to be fully prepared for trial at the time

10 of the pre-trial conference, with no matters remaining to be accomplished except production of
11 witnesses for oral testimony. The parties shall file with the court, no later than seven days prior
12 to the final pre-trial conference, a joint pre-trial statement.
13 Also at the time of filing the Joint Pretrial Statement, counsel
14 are requested to e-mail the Joint Pretrial Statement and any attachments in
15 Word format to Judge Mendez's assistant, Jane Klingelhoets
16 at: [e-mail].
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Where the parties are unable to agree as to what legal or factual issues are properly before

18 the court for trial, they should nevertheless list all issues asserted by any of the parties and
19 indicate by appropriate footnotes the disputes concerning such issues. The provisions of Local
20 Rule 281 shall, however, apply with respect to the matters to be included in the joint pre-trial
21 statement. Failure to comply with Local Rule 281, as modified herein, may be grounds for
22 sanctions.
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The parties are reminded that pursuant to Local Rule 281(b)(10) and (11) they are

24 required to list in the final pre-trial statement all witnesses and exhibits they propose to offer
25 at trial, no matter for what purpose. These lists shall not be contained in the body of the final
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pre-trial statement itself, but shall be attached as separate documents so that the court may

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attach them as an addendum to the final pre-trial order. The final pre-trial order will contain

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a stringent standard for the offering at trial of witnesses and exhibits not listed in the final pre-trial

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order, and the parties are cautioned that the standard will be strictly applied. On the other hand,

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the listing of exhibits or witnesses that a party does not intend to offer will be viewed as an abuse

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of the court's processes.

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The parties are also reminded that pursuant to Rule 16, Fed. R. Civ. P., it will be their

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duty at the final pre-trial conference to aid the court in: (a) formulation and simplification of issues

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and the elimination of frivolous claims or defenses; (b) settling of facts which should properly

10 be admitted; and (c) the avoidance of unnecessary proof and cumulative evidence. Counsel
11 must cooperatively prepare the joint pre-trial statement and participate in good faith at the final
12 pre-trial conference with these aims in mind. A failure to do so may result in the imposition
13 of sanctions which may include monetary sanctions, orders precluding proof, elimination of
14 claims or defenses, or such other sanctions as the court deems appropriate.
TRIAL SETTING

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Jury trial in this matter is set for July 11, 2016 at 9:00 a.m. The parties estimate a trial

17 length of approximately 7 days.
SETTLEMENT CONFERENCE

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No Settlement Conference is currently scheduled. If the parties wish to have a

20 settlement conference, one will be scheduled at the final pretrial conference or at an earlier time
21 upon request of the parties.
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OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER
This Status Order will become final without further Order of Court unless objection is
lodged within seven (7) days of the date of the filing of this Order.
IT IS SO ORDERED.
Dated: January 8, 2016
/s/ John A. Mendez
JOHN A. MENDEZ
United States District Court Judge