Donney v. Beard et al

Filing 21

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/29/16 ORDERING that On or before August 5, 2016, the parties shall file status reports (see order for further details). The parties are reminded of their continuing duty to notify chambers im mediately of any settlement or other disposition. The parties may consent to have this case before the assigned magistrate judge for all purposes. See 28 U.S.C. § 636(c). The Clerk of the Court is directed to serve on the parties the Notice of Availability of a Magistrate Judge to Exercise Jurisdiction. All parties shall complete and execute the form and file it with the Clerk.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KENNETH DONNEY,

12

Plaintiff,

13
14

No. 2:15-cv-2530-JAM-EFB P

v.

ORDER

JEFFREY BEARD, et al.,

15

Defendants.

16
17

Pursuant to Federal Rule of Civil Procedure 16, IT IS HEREBY ORDERED that:

18

1. On or before August 5, 2016, the parties shall file status reports1 briefly describing the
case and addressing the following:

19
20

a. Progress in service of process;

21

b. Possible joinder of additional parties;

22

c. Expected or desired amendment of pleadings;

23

d. Jurisdiction and venue;

24

e. Anticipated motions and their scheduling;

25

/////

26

/////

27
28

1

The parties are encouraged, when possible, to file a joint status report.
1

1
2

f. Cut-off dates for discovery (including dates for the disclosure of expert
witnesses) and law and motion, and dates for pretrial conference and trial;2

3

g. Special procedures, if any;

4

h. Estimated trial time;

5

i. Modifications of standard pretrial procedures due to the simplicity or

6

complexity of the proceedings;

7

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

8

cases;

9

k. Whether a settlement conference should be scheduled;

10

l. Whether counsel will stipulate to the magistrate judge assigned to this

11

matter acting as settlement judge and waiving disqualification by virtue of

12

his so acting, or whether they prefer to have a settlement conference

13

conducted before another judge; and

14

m. Any other matters that may add to the just and expeditious disposition of

15
16

this matter.
2. Failing to obey federal or local rules, or any order of this Court, “may be grounds for

17

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

18

inherent power of the Court,” including dismissal of this action. L.R. 110.

19

3. The parties are reminded of their continuing duty to notify chambers immediately of

20

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

21

pursuant to Local Rule 230(c), an opposition, or a statement of non-opposition, to the granting of

22
23
24
25
26
27
28

2

In completing this portion of the status report(s), the parties are advised that Judge
Brennan’s typical pretrial schedule requires (1) initial expert disclosures to be made within
approximately sixty (60) days after filing the initial status report(s); (2) motions to compel
discovery to be submitted for decision within approximately sixty (60) days after the expert
disclosure deadline; (3) discovery to be completed within approximately thirty (30) days after the
motion to compel deadline; (4) all non-discovery law and motion to be submitted for decision
within approximately sixty (60) days after the discovery completion date; (5) a final pretrial
conference to be held approximately ninety (90) days after the non-discovery law and motion
deadline; and (6) trial to commence approximately ninety (90) days after the final pretrial
conference.
2

1

a motion must be filed at least fourteen (14) days preceding the noticed (or continued) hearing

2

date. Local Rule 230(c) further provides that “[n]o party will be entitled to be heard in opposition

3

to a motion at oral arguments if opposition to the motion has not been timely filed by that party.”

4

Moreover, Local Rule 230(i) provides that absent notice of intent to submit the matter on the

5

briefs, failure to appear may be deemed withdrawal of the motion or of opposition to the motion,

6

or may result in sanctions.

7

4. The parties may consent to have this case before the assigned magistrate judge for all

8

purposes. See 28 U.S.C. § 636(c). The Clerk of the Court is directed to serve on the parties the

9

“Notice of Availability of a Magistrate Judge to Exercise Jurisdiction.” All parties shall complete

10

and execute the form and file it with the Clerk.

11

DATED: June 29, 2016.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3