Hoffmann v. Corning Police Department

Filing 47

ORDER signed by Magistrate Judge Kendall J. Newman on 11/16/16 ORDERING that Defendants' motion (ECF No. 41 ) is GRANTED; Plaintiff's motion to amend (ECF No. 45 ) is DISMISSED without prejudice to proper re-notice under Local Rule 230; On or before December 1, 2016, the parties shall meet and confer about the mandatory disclosures required by Fed. R. Civ. P. 26. A Status (Pretrial Scheduling) Conference is set for February 2, 2017, at 10:00 a.m., in Courtroom No. 25 before the undersigned. All parties shall appear by counsel or in person if acting without counsel. (See order for details)(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN LEE HOFFMAN,

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No. 2:14-cv-2736 MCE KJN P

Plaintiff,
v.

ORDER SETTING STATUS CONFERENCE

JUSTIN JOURDAN, et al.,

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Defendants.

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Defendants Jourdan, Hill, Bassett, and Fears have answered the third amended complaint.

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Defendants also move to change the motion briefing schedule from Local Rule 230(l) to Local

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Rule 230, because it appears plaintiff is no longer in custody. Indeed, plaintiff filed a notice of

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her unavailability from December 9, 2016, through January 17, 2017, because she will be out of

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the country. (ECF No. 40.) Plaintiff also filed a motion to amend, which was not noticed for

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hearing.

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Good cause appearing, defendants’ request to change the motion briefing schedule is

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granted. Plaintiff’s motion to amend is denied without prejudice to its renewal upon proper

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noticing. Pursuant to Federal Rule of Civil Procedure 16, and Local Rule 240, the court sets this

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matter for status conference, taking into account plaintiff’s unavailability, as set forth below.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ motion (ECF No. 41) is granted;
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2. All motions shall be noticed for hearing pursuant to Local Rule 230;

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3. Plaintiff’s motion to amend (ECF No. 45) is dismissed without prejudice to proper re-

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notice under Local Rule 230;

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4. On or before December 1, 2016, the parties shall meet and confer about the mandatory
disclosures required by Fed. R. Civ. P. 26.

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5. A Status (Pretrial Scheduling) Conference is set for February 2, 2017, at 10:00 a.m., in

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Courtroom No. 25 before the undersigned. All parties shall appear by counsel or in person if

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acting without counsel.

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6. Not later than seven days prior to the Status Conference, the parties shall file status
reports1 briefly describing the case and addressing the following:

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a. Service of process;

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b. Possible joinder of additional parties;

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c. any expected or desired amendment of the pleadings;

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d. Jurisdiction and venue;

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e. Anticipated motions and their scheduling;

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f. The report required by Fed. R. Civ. P. 26 outlining the proposed discovery plan

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and its scheduling, including disclosure of expert witnesses;

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g. Future proceedings, including setting appropriate cut-off dates for discovery
and law and motion, and the scheduling of a pretrial conference and trial;

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h. Special procedures, if any;

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i. Estimated trial time;

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j. Modifications of standard pretrial procedures due to the simplicity or complexity of the

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proceedings;

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k. Whether the case is related to any other cases, including bankruptcy;

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l. Whether a settlement conference should be scheduled;

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The parties are encouraged, when possible, to file a joint status report.

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m. Whether counsel will stipulate to the magistrate judge assigned to this matter acting as

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settlement judge and waiving disqualification by virtue of his so acting, or whether they prefer to have

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a settlement conference conducted before another judge;

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n. Any other matters that may add to the just and expeditious disposition of this
matter.

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7. Failing to obey federal or local rules, or order of this court, may result in dismissal of

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this action. This court will construe pro se pleadings liberally, but pro se litigants must comply

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with the procedural rules.

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8. Plaintiff and counsel are reminded of their continuing duty to notify chambers

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immediately of any settlement or other disposition. See L.R. 160. In addition, the parties are

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cautioned that pursuant to Local Rule 230(c), opposition to granting of a motion must be filed

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fourteen days preceding the noticed hearing date. The Rule further provides that "[n]o party will

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be entitled to be heard in opposition to a motion at oral arguments if written opposition to the

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motion has not been timely filed by that party." Moreover, Local Rule 230(i) provides that failure

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to appear may be deemed withdrawal of opposition to the motion or may result in sanctions.

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Finally, Local Rule 110 provides that failure to comply with the Local Rules "may be grounds for

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imposition of any and all sanctions authorized by statute or Rule or within the inherent power

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of the Court."

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Dated: November 16, 2016

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/hoff2736.sco

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