Martin v. Town of Paradise et al

Filing 22

ORDER signed by Magistrate Judge Allison Claire on 10/8/2015 ORDERING the defendants to file and serve a responsive motion or pleading within twenty-one (21) days; SETTING a Status (Pretrial Scheduling) Conference for 2/24/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; ORDERING the parties to file a status report fourteen (14) days prior to the Status Conference. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD S. MARTIN,

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No. 2:15-cv-00594-JAM-AC

Plaintiff,
v.

ORDER

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TOWN OF PARADISE, et al.,

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Defendants.

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On September 15, 2015, the presiding district judge referred this matter to the undersigned

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pursuant to Local Rule 302(c)(21) after granting counsel for plaintiff’s motion to withdrawal.

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ECF Nos. 20, 21. The parties’ deadlines for exchanging initial disclosures and defendants’

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deadline for filing a responsive motion or pleading were suspended while counsel’s motion to

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withdrawal was pending. ECF No. 19. This order will set new deadlines in this matter and set a

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new initial scheduling conference.

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Accordingly, pursuant to the provisions of Federal Rule of Civil Procedure 16 and Local
Rule 240, THE COURT HEREBY ORDERS that:
1. Defendants must file a responsive motion or pleading with the court and serve plaintiff
with said motion or pleading within twenty-one (21) days of the service of this order.
2. A Status (Pretrial Scheduling) Conference is set for February 24, 2016, at 10:00 a.m. in
Courtroom No. 26 before the undersigned. All parties shall appear by counsel or in person if
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acting without counsel.

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3. Not later than fourteen (14) days prior to the Status Conference, the parties shall file
status reports addressing the following matters:

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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 Federal Rule of Civil Procedure 26 outlining the

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proposed discovery plan 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. Modification of standard pretrial procedures specified by the rules due to the

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simplicity or complexity of the 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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m. Whether counsel will stipulate to the magistrate judge assigned to this matter

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acting as settlement judge and waiving disqualification by virtue of her so acting, or whether they

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prefer to have a settlement conference 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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4. Plaintiff and counsel are reminded of their continuing duty to notify chambers

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immediately of any settlement or other disposition (see Local Rule 160). In addition, the parties

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

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

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will 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

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

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sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be

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grounds for imposition of any and all sanctions authorized by statute or Rule or within the

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inherent power of the Court.”

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DATED: October 8, 2015

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