DeMartini, et al. v. DeMartini, et al.

Filing 69

STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/2/15: The hearing date of 10/7/15 on plaintiffs' motion to amend is vacated. The matter shall thereafter stand submitted. Discovery due by 11/2/2016. Dis positive Motions filed by 2/8/2017. Final Pretrial Conference set for 4/7/2017 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 6/5/2017 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TIMOTHY DeMARTINI, et al.,

12
13
14
15

No. 2:14-cv-2722 JAM CKD PS

Plaintiffs,
v.

ORDER

MICHAEL DeMARTINI, et al.,
Defendants.

16
17
18

STATUS (PRETRIAL SCHEDULING) ORDER
READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES WHICH

19

THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL PARTIES MUST

20

COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT

21

IN THE IMPOSITION OF MONETARY AND ALL OTHER SANCTIONS WITHIN THE

22

POWER OF THE COURT, INCLUDING DISMISSAL OR AN ORDER OF JUDGMENT.

23

Pursuant to court order, a Status (Pretrial Scheduling) Conference was held on September

24

2, 2015. Peter Cuttitta appeared for plaintiffs. Defendants Michael and Renate DeMartini

25

appeared in propria persona. After hearing, the court makes the following findings and orders:

26

SERVICE OF PROCESS

27
28

Defendants have been served and no further service is permitted except with leave of
court, good cause having been shown.
1

1

JOINDER OF PARTIES/AMENDMENTS

2

A motion to amend the complaint has been noticed for hearing on October 7, 2015.

3

Opposition, if any, shall be filed no later than September 16, 2015. Reply, if any shall be filed no

4

later than September 23, 2015. The matter shall thereafter stand submitted.

5

No further joinder of parties or amendments to pleadings is permitted except with leave of

6

court, good cause having been shown.

7

JURISDICTION/VENUE

8
9
10

Jurisdiction is undisputed and is hereby found to be proper, as is venue.
DISCOVERY
The parties shall make initial disclosures under Federal Rule of Civil Procedure 26 no

11

later than September 30, 2015. All discovery is left open, save and except that it shall be so

12

conducted as to be completed by November 2, 2016. The word “completed” means that all

13

discovery shall have been conducted so that all depositions have been taken and any disputes

14

relative to discovery shall have been resolved by appropriate order if necessary and, where

15

discovery has been ordered, the order has been complied with.

16

Expert disclosures shall be made no later than November 9, 2016. Rebuttal expert

17

disclosures shall be made no later than November 23, 2016. Expert discovery shall be completed

18

by December 7, 2016.

19

MOTION HEARING SCHEDULE

20

All law and motion except as to discovery is left open, save and except that it shall be

21

conducted so as to be completed by February 8, 2017. The word “completed” in this context

22

means that all law and motion matters must be heard by the above date. The parties are cautioned

23

to refer to the local rules regarding the requirements for noticing such motions on the court’s

24

regularly scheduled law and motion calendar. This paragraph does not preclude motions for

25

continuances, temporary restraining orders or other emergency applications, and is subject to any

26

special scheduling set forth in the “MISCELLANEOUS PROVISIONS” paragraph below.

27
28

The parties should keep in mind that the purpose of law and motion is to narrow and
refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that are
2

1

susceptible to resolution without trial. To accomplish that purpose, the parties need to identify

2

and fully research the issues presented by the case, and then examine those issues in light of the

3

evidence gleaned through discovery. If it appears after examining the legal issues and facts that

4

an issue can be resolved by pretrial motion, the parties are to file the appropriate motion by the

5

law and motion cutoff set forth supra.

6

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL

7

MOTION. The parties are reminded that motions in limine are procedural devices designed to

8

address the admissibility of evidence. THE PARTIES ARE CAUTIONED THAT THE COURT

9

WILL LOOK WITH DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE

10

GUISE OF MOTIONS IN LIMINE AT THE TIME OF TRIAL.

11

FINAL PRETRIAL CONFERENCE

12

The Final Pretrial Conference is set for April 7, 2017 at 10:00 a.m. in courtroom no. 6

13

before the Honorable John A. Mendez. Trial counsel shall appear at the Final Pretrial

14

Conference.

15

The parties are to be fully prepared for trial at the time of the Pretrial Conference, with no

16

matters remaining to be accomplished except production of witnesses for oral testimony. The

17

parties are referred to Local Rules 281 and 282 relating to the contents of and time for filing

18

Pretrial Statements. A FAILURE TO COMPLY WITH LOCAL RULES 281 AND 282 WILL

19

BE GROUNDS FOR SANCTIONS.

20

Notwithstanding the provisions of Local Rule 281, which contemplates the filing of

21

separate Pretrial Statements by plaintiffs and defendants, the parties are to prepare a JOINT

22

STATEMENT with respect to the undisputed facts and disputed factual issues of the case. The

23

undisputed facts and disputed factual issues are to be set forth in two separate sections. The

24

parties should identify those facts which are relevant to each separate cause of action. In this

25

regard, the parties are to number each individual fact or factual issue. Where the parties are

26

unable to agree as to what factual issues are properly before the court for trial, they should

27

nevertheless list in the section on “DISPUTED FACTUAL ISSUES” all issues asserted by any of

28

the parties and explain by parenthetical the controversy concerning each issue. The parties should
3

1

keep in mind that, in general, each fact should relate or correspond to an element of the relevant

2

cause of action. The parties should also keep in mind that the purpose of listing the disputed

3

factual issues is to apprise the court and all parties about the precise issues that will be litigated at

4

trial. The court is not interested in a listing of all evidentiary facts underlying the issues that are

5

in dispute. However, with respect to the listing of undisputed facts, the court will accept

6

agreements as to evidentiary facts. The joint statement of undisputed facts and disputed factual

7

issues is to be filed with the court concurrently with the filing of plaintiff’s Pretrial Statement. If

8

the case is tried to a jury, the undisputed facts will be read to the jury.

9

Pursuant to Local Rule 281(b)(10) and (11), the parties are required to provide in their

10

Pretrial Statements a list of witnesses and exhibits that they propose to proffer at trial, no matter

11

for what purpose. These lists shall not be contained in the Pretrial Statement itself, but shall be

12

attached as separate documents to be used as addenda to the Final Pretrial Order. Plaintiff’s

13

exhibits shall be listed numerically; defendant’s exhibits shall be listed alphabetically. The

14

Pretrial Order will contain a stringent standard for the proffering of witnesses and exhibits at trial

15

not listed in the Pretrial Order. Counsel are cautioned that the standard will be strictly applied.

16

On the other hand, the listing of exhibits or witnesses which counsel do not intend to call or use

17

will be viewed as an abuse of the court’s processes.

18

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

19

the Pretrial Conference to aid the court in (a) formulation and simplification of issues and the

20

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

21

admitted; and (c) the avoidance of unnecessary proof and cumulative evidence. The parties must

22

prepare their Pretrial Statements, and participate in good faith at the Pretrial Conference, with

23

these aims in mind. A FAILURE TO DO SO MAY RESULT IN THE IMPOSITION OF

24

SANCTIONS which may include monetary sanctions, orders precluding proof, eliminations of

25

claims or defenses, or such other sanctions as the court deems appropriate.

26

TRIAL SETTING

27
28

Trial is set on June 5, 2017 at 9:00 a.m. in courtroom no. 6 before the Honorable John A.
Mendez. Trial will be by jury. The court expects the trial will take approximately 30 days.
4

1

SETTLEMENT CONFERENCE

2

If the parties determine a settlement conference would be beneficial, the courtroom deputy

3

may be contacted to arrange a date for the settlement conference. In absence of a waiver of

4

disqualification of the undersigned, the settlement conference will be set before another

5

magistrate judge.

6

MISCELLANEOUS PROVISIONS

7

Defendants’ request for an early declaratory judgment hearing is denied.

8

The court reminds the parties that resolution of discovery disputes is available under the

9

informal procedures set forth on the undersigned’s court website.

10
11

There appear to be no other matters presently pending before the court that will aid the
just and expeditious disposition of this matter.

12
13

Pursuant to Fed. R. Civ. P. 16(b), THE COURT SUMMARIZES THE SCHEDULING
ORDER AS FOLLOWS:

14

1. Initial disclosures shall be made no later than September 30, 2015.

15

2. The hearing date of October 7, 2015 on plaintiffs’ motion to amend is vacated.

16

Opposition, if any, shall be filed no later than September 16, 2015. Reply, if any shall be filed no

17

later than September 23, 2015. The matter shall thereafter stand submitted.

18

3. Discovery shall be completed by November 2, 2016.

19

4. Expert disclosures shall be made no later than November 9, 2016.

20

5. Rebuttal expert disclosures shall be made no later than November 23, 2016.

21

6. Expert discovery shall be completed by December 7, 2016.

22

7. All pretrial motions, except motions to compel discovery, shall be completed by

23

February 8, 2017.

24

8. Pretrial conference is set for April 7, 2017 at 10:00 a.m. in courtroom no. 6 before the

25

Honorable John A. Mendez.

26

/////

27

/////

28

/////
5

1

9. This matter is set for jury trial on June 5, 2017 at 9:00 a.m. in courtroom no. 6 before

2

the Honorable John A. Mendez.

3

Dated: September 2, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

4
5
6
7
8
9

4 demartini2722.oas

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6