Mano v. Rolfe

Filing 7

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 2/12/15 ORDERING that all discovery shall be completed by November 19, 2015; The last hearing date for a motion is January 11, 2016, commencing at 9:00 a.m.; The final pretrial conference is set for March 14, 2016, at 2:30 p.m.; Trial shall commence at 9:00 a.m. on June 21, 2016.(Dillon, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PEACE MANO,

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No.

2:14-cv-02919-GEB-CMK

Plaintiff,
v.
MARSHA A. ROLFE , a sole
proprietor, d/b/a END ZONE
BAR AND GRILL; and
DOES 1 to 100, inclusive,

STATUS (PRETRIAL SCHEDULING)
ORDER

Defendants.

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The status (pretrial scheduling) conference scheduled

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for hearing on February 23, 2015, is vacated since the parties‟

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Joint Status Report filed on February 6, 2015 (“JSR”) indicates

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the following Order should issue.

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DOE DEFENDANTS, SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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“Plaintiff requests [in the JSR] that the Court provide

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the parties with an additional sixty (60) days from the date of

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the initial scheduling conference to ascertain the identities of

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any possible Doe defendants.” (JSR 2:5-7, ECF No. 6.) The parties

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further state in the JSR:

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The parties propose a deadline of sixty
(60) days from the Initial Status Conference
for both parties to file any motions to amend
the pleadings or join additional parties.
After sixty (60) days, no amendment to the
pleadings shall take place without a noticed
motion and a finding by the Court of good
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cause for such amendment. Other than for
potential Doe defendants, the parties do not
anticipate amending the pleadings at this
time.

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(Id. at 2:11-15.)

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Accordingly, the parties have until April 27, 2015, to

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file a motion in which leave is sought under the relevant Federal

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Rule of Civil Procedure to file an amended pleading and/or join a

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party, after which time no further service, joinder of parties,

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or amendments to the pleadings is permitted, except with leave of

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Court for good cause shown. The referenced motion(s) must be

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noticed for hearing on the Court‟s earliest available law and

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motion date.
If leave is not sought as stated, Does 1 through 100

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will be automatically dismissed from this action.
ADDED PARTY‟S OPPORTUNITY TO SEEK AMENDMENT OF THIS ORDER
If a new party is joined pursuant to the leave given

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above,

a

copy

of

this

Order

shall

be

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served

on

that

party

concurrently with the service of process.

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The newly added party has 30 days after said service

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within which to file a “Notice of Proposed Modification of Status

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Order.”

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filed within this thirty day period will not have to meet the

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good cause standard, no further amendments will be permitted,

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except with leave of Court for good cause shown.

Although

a

newly-joined

party‟s

proposed

modification

DISCOVERY

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All discovery shall be completed by November 19, 2015.

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“Completed” means all discovery shall be conducted so that any

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dispute

relative

to

discovery
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shall

have

been

resolved

by

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appropriate orders, if necessary, and, where discovery has been

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ordered,

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prescribed “completion” date.

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the

order

Each

has

party

been

shall

complied

comply

with

with

on

or

Federal

before

Rule

of

the

Civil

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Procedure 26(a)(2)(B) and (C)‟s initial expert witness disclosure

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requirements on or before August 21, 2015, and any contradictory

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and/or

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26(a)(2)(D)(ii) on or before September 18, 2015.

rebuttal

expert

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disclosure

authorized

under

Rule

MOTION HEARING SCHEDULE

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The last hearing date for a motion is January 11, 2016,

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commencing at 9:00 a.m. Any motion shall be briefed as prescribed

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in Local Rule 230.

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The

parties

are

cautioned

that

an

untimely

motion

characterized as a motion in limine may be summarily denied.

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FINAL PRETRIAL CONFERENCE

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The

final

pretrial

conference

is

set

for

March

that

the

14,

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2016,

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attorney who WILL TRY THE CASE for each party shall attend the

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final pretrial conference. In addition, all persons representing

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themselves

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pretrial conference.

at

2:30

and

p.m.

The

parties

appearing

in

are

propria

cautioned

persona

must

attend

lead

the

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The parties shall file a JOINT pretrial statement no

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later than seven (7) calendar days prior to the final pretrial

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conference.

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applicable portions of Local Rule 281(b), and shall set forth

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each theory of liability (“claim”) and affirmative defense which

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remains

to

The

be

joint

tried,

pretrial

and

the

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3

statement

ultimate

shall

facts

on

address

which

the

each

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theory/defense is based. Furthermore, each party shall estimate

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the length of trial. The Court uses the parties‟ joint pretrial

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statement to prepare its final pretrial order and could issue the

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final pretrial order without holding the scheduled final pretrial

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conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir.

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1999) (“There is no requirement that the court hold a pretrial

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conference.”).

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Final pretrial procedures are “critical for „promoting

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efficiency and conserving judicial resources by identifying the

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real issues prior to trial, thereby saving time and expense for

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everyone.‟” Friedman & Friedman, Ltd. v. Tim McCandless, Inc.,

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606 F.3d 494, 498 (8th Cir. 2010) (quoting Fed. R. Civ. P. 16

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Advisory

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“Toward

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conferences to weed out unmeritorious claims and defenses before

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trial begins.” Smith v. Gulf Oil Co., 995 F.2d 638, 642 (6th Cir.

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1993). The parties are therefore provided notice that a claim or

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affirmative defense may be dismissed sua sponte if it is not

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shown to be triable in the joint final pretrial statement. Cf.

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Portland Retail Druggists Ass‟n v. Kaiser Found. Health Plan, 662

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F.2d 641, 645 (9th Cir. 1981) (indicating that a party shall be

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provided

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sufficient

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proceed

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Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985) (stating “the

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district court has . . . authority to grant summary judgment sua

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sponte in the context of a final pretrial conference”).

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Committee
that

end,

notice

to

to

Note
Rule

and

justify
trial);

an

(1983
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Amendment

directs

opportunity

having

a

Portsmouth

claim

to

courts

to
or

Square,

subdivision
to

use

respond

pretrial

with

affirmative
Inc.

v.

(c)).

facts
defense

S‟holders

If feasible, at the time of filing the joint pretrial
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statement counsel shall also email it in a format compatible with

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WordPerfect to: [e-mail].

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TRIAL SETTING

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Trial shall commence at 9:00 a.m. on June 21, 2016.

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VOLUNTARY DISPUTE RESOLUTION PROGRAM (“VDRP”)

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Since the parties “wish to participate in the Court‟s

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[VDRP,]” this matter is referred to VDRP. (See JSR 4:14-16.)

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IT IS SO ORDERED.
Dated:

February 12, 2015

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