Hesterly v. Ace Hardware Corporation

Filing 10

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 2/12/15 ORDERING that the status (pretrial scheduling) conference scheduled for hearing on February 23, 2015, is vacated since the parties' Joint Status Report filed on February 9, 2015 (JSR) indicates the following Order should issue. All discovery shall be completed by January 19, 2016. The last hearing date for a motion is March 21, 2016, commencing at 9:00 a.m.. The final pretrial conference is set for May 16, 2016, at 1:30 p.m.. Trial shall commence at 9:00 a.m. on August 23, 2016.(Dillon, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WENDAL HESTERLY,

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2:14-cv-02938-GEB-AC

Plaintiff,

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No.

v.

STATUS (PRETRIAL SCHEDULING)
ORDER

ACE HARDWARE CORPORATION, a
Delaware corporation,
Defendant*.

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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 9, 2015 (“JSR”) indicates

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the following Order should issue.
DISMISSAL OF DOE DEFENDANTS

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Since Plaintiff states in the JSR that he “does not

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anticipate that he will identify or name any „Doe‟ defendants,”

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Does

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Scheduling)

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(indicating that if justification for “Doe” defendant allegations

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not provided Doe defendants would be dismissed).

1-50

are

dismissed.

Conference

See

filed

Order

Setting

December

19,

Status
2014,

(Pretrial
at

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n.2

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*

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The caption has been amended
Defendants portion of this Order.

according

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to

the

Dismissal

of

Doe

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SERVICE, JOINDER OF ADDITIONAL PARTIES, AMENDMENT

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No further service, joinder of parties or amendments to

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pleadings is permitted, except with leave of Court for good cause

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shown.

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DISCOVERY

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All discovery shall be completed by January 19, 2016.

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

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dispute

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

relative

ordered,

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has

party

been

shall

have

shall

complied

comply

with

with

been

on

or

resolved

Federal

before

by

prescribed “completion” date.
Each

order

discovery

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the

to

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 18, 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

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expert

disclosure

authorized

under

Rule

MOTION HEARING SCHEDULE

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The last hearing date for a motion is March 21, 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.
FINAL PRETRIAL CONFERENCE

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The final pretrial conference is set for May 16, 2016,

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at 1:30 p.m. The parties are cautioned that the lead attorney who

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WILL TRY THE CASE for each party shall attend the final pretrial

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conference. In addition, all persons representing themselves and

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2

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appearing in propria persona must attend the pretrial conference.

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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

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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.”).

to

The

be

joint

tried,

pretrial

and

the

statement

ultimate

shall

facts

address

on

which

the

each

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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

Committee
that

end,

Note
Rule

(1983
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Amendment

directs

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to

courts

subdivision
to

use

(c)).

pretrial

1

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”).

notice

to

to

and

justify
trial);

an

opportunity

having

a

Portsmouth

claim

to
or

Square,

respond

with

affirmative
Inc.

v.

facts
defense

S‟holders

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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 August 23, 2016.

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IT IS SO ORDERED.

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Dated:

February 12, 2015

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