Blankenchip et al v. CitiMortgage, Inc. et al

Filing 16

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 1/14/15: Discovery due by 2/20/2015. Dispositive Motions filed by 1/15/2016. Final Pretrial Conference set for 3/28/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 6/7/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDY BLANKENCHIP and SUSAN
BLANKENCHIP,

NO. CIV. 2:14-2309 WBS AC

Plaintiffs,

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v.
CITIMORTGAGE, INC.; CALWESTERN RECONVEYANCE, LLC;
and Does 1 through 50,
inclusive,

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Defendants.

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STATUS (PRETRIAL SCHEDULING) ORDER

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After reviewing the parties’ Joint Status Report, the

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court hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for January 20, 2015, and makes the following findings

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and orders without needing to consult with the parties any

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further.

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I.

SERVICE OF PROCESS

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All named defendants have been served, and no further
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service is permitted without leave of court, good cause having

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been shown under Federal Rule of Civil Procedure 16(b).

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II.

JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendments to

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pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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(9th Cir. 1992).

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See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604

III. JURISDICTION/VENUE

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Defendant Citimortgage, Inc. removed the action to

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federal court under 28 U.S.C. § 1441(b) on the basis of diversity

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jurisdiction.

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state court, nor did plaintiff challenge the court’s jurisdiction

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in opposing defendant Citimortgage’s motion to dismiss.

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Plaintiff has not moved to remand the action to

The parties are not completely diverse.

Defendant Cal-

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Western, which acted as trustee of the property at issue, is a

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California business, and plaintiffs are California residents.

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However, the joinder of Cal-Western appears to be fraudulent

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because plaintiff raises no allegations against it.

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v. Upjohn Drug Co., 139 F.3d 1313, 1318 (9th Cir. 1998) (“‘If the

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plaintiff fails to state a cause of action against a resident

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defendant, and the failure is obvious according to the settled

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rules of the state, the joinder of the resident is deemed

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fraudulent.’” (quoting McCabe v. General Foods Corp., 811 F.2d

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1336, 1339 (9th Cir. 1987))).

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allegation of fraudulent joinder of the non-diverse defendant,

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plaintiff shall forthwith file a motion for remand or upon that

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ground.

See Ritchey

If plaintiff contests defendant’s

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IV.

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The parties shall serve initial disclosures required by

DISCOVERY

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Federal Rule of Civil Procedure 26(a)(1) by no later than

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February 20, 2015.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than October 2, 2015.

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intended solely for rebuttal, those experts shall be disclosed

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and reports produced in accordance with Federal Rule of Civil

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With regard to expert testimony

Procedure 26(a)(2) on or before November 6, 2015.

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All discovery, including depositions for preservation

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of testimony, is left open, save and except that it shall be so

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conducted as to be completed by December 18, 2015.

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“completed” means that all discovery shall have been conducted so

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that all depositions have been taken and any disputes relevant to

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discovery shall have been resolved by appropriate order if

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necessary and, where discovery has been ordered, the order has

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

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rules of this court and so that such motions may be heard (and

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any resulting orders obeyed) not later than December 18, 2015.

The word

All motions to compel discovery must be noticed on

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V.

MOTION HEARING SCHEDULE

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All motions, except motions for continuances, temporary

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restraining orders, or other emergency applications, shall be

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filed on or before January 15, 2016.

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noticed for the next available hearing date.

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cautioned to refer to the local rules regarding the requirements

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for noticing and opposing such motions on the court’s regularly
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All motions shall be
Counsel are

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scheduled law and motion calendar.

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VI. FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for March 28,

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2016, at 2:00 p.m. in Courtroom No. 5.

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attended by at least one of the attorneys who will conduct the

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trial for each of the parties and by any unrepresented parties.

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The conference shall be

Counsel for all parties are to be fully prepared for

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trial at the time of the Pretrial Conference, with no matters

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remaining to be accomplished except production of witnesses for

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oral testimony.

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and are referred to Local Rules 281 and 282 relating to the

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contents of and time for filing those statements.

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those subjects listed in Local Rule 281(b), the parties are to

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provide the court with: (1) a plain, concise statement which

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identifies every non-discovery motion which has been made to the

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court, and its resolution; (2) a list of the remaining claims as

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against each defendant; and (3) the estimated number of trial

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days.

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Counsel shall file separate pretrial statements,

In addition to

In providing the plain, concise statements of

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undisputed facts and disputed factual issues contemplated by

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Local Rule 281(b)(3)-(4), the parties shall emphasize the claims

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that remain at issue, and any remaining affirmatively pled

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defenses thereto.

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parties shall also prepare a succinct statement of the case,

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which is appropriate for the court to read to the jury.

If the case is to be tried to a jury, the

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VII.

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The jury trial is set for June 7, 2016 at 9:00 a.m.

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TRIAL SETTING

The parties estimate that a jury trial will last five to seven
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days.

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VIII.

SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the

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Pretrial Conference.

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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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All parties should be prepared to advise

Counsel are instructed to have a principal with full

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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

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seven calendar days before the Settlement Conference counsel for

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.

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judge is not the trial judge, the Settlement Conference

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

If the settlement

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IX.

MODIFICATIONS TO SCHEDULING ORDER

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Any requests to modify the dates or terms of this

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Scheduling Order, except requests to change the date of the

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trial, may be heard and decided by the assigned Magistrate Judge.

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All requests to change the trial date shall be heard and decided

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only by the undersigned judge.

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Dated:

January 14, 2015

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