Collins v. Amtrak National Railroad Passenger Corporation

Filing 7

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 12/28/16: Discovery due by 2/3/2017. Dispositive Motions filed by 12/4/2017. Final Pretrial Conference set for 2/12/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 4/10/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 ELNORA COLLINS, 13 CIV. NO. 2:16-2023 WBS EFB Plaintiff, 14 v. 15 AMTRAK NATIONAL RAILROAD PASSENGER CORPORATION and DOES 1 through 10, inclusive, 16 17 Defendant. 18 ----oo0oo---- 19 20 STATUS (PRETRIAL SCHEDULING) ORDER 21 After reviewing the parties’ Joint Status Report, the 22 23 court hereby vacates the Status (Pretrial Scheduling) Conference 24 scheduled for January 3, 2017, and makes the following findings 25 and orders without needing to consult with the parties any 26 further. 27 I. SERVICE OF PROCESS 28 The named defendant has been served, and no further 1 1 service is permitted without leave of court, good cause having 2 been shown under Federal Rule of Civil Procedure 16(b). 3 II. JOINDER OF PARTIES/AMENDMENTS 4 No further joinder of parties or amendments to 5 pleadings will be permitted by any party except with leave of 6 court, good cause having been shown under Federal Rule of Civil 7 Procedure 16(b). 8 F.2d 604 (9th Cir. 1992). 9 See Johnson v. Mammoth Recreations, Inc., 975 III. JURISDICTION/VENUE 10 Jurisdiction is predicated upon federal question 11 jurisdiction, 28 U.S.C. § 1331, and 28 U.S.C. § 1349.1 12 undisputed and hereby found to be proper. Venue is 13 IV. DISCOVERY 14 The parties shall serve the initial disclosures 15 required by Federal Rule of Civil Procedure 26(a)(1) by no later 16 than February 3, 2017. 17 The parties shall disclose experts and produce reports 18 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 19 later than June 2, 2017. 20 21 22 23 24 25 26 27 28 1 With regard to expert testimony 28 U.S.C. § 1349 provides that district courts “shall not have jurisdiction of any civil action by or against any corporation upon the ground that it was incorporated by or under an Act of Congress, unless the United States is the owner of more than one-half of its capital stock.” 28 U.S.C. § 1349. “Congress incorporated the National Railroad Passenger Corporation (‘Amtrak’) in 1970. Because a majority of the capital stock of Amtrak is owned by the United States, the federal courts have subject matter jurisdiction over any action involving Amtrak.” Hollus v. Amtrak Ne. Corridor, 937 F. Supp. 1110, 1113 (D.N.J. 1996) (internal citations omitted); see also Chiwewe v. Burlington N. & Santa Fe Ry. Co., No. 02-0397 JP/LFGACE, 2002 WL 31924776, at *2 (D.N.M. Aug. 21, 2002) (same); Estate of Wright By & Through Johnson v. Illinois Cent. R. Co., 831 F. Supp. 574, 574 (S.D. Miss. 1993) (same). 2 1 intended solely for rebuttal, those experts shall be disclosed 2 and reports produced in accordance with Federal Rule of Civil 3 Procedure 26(a)(2) on or July 5, 2017. 4 All other discovery, including depositions for 5 preservation of testimony, is left open, save and except that it 6 shall be so conducted as to be completed by November 3, 2017. 7 The word “completed” means that all discovery shall have been 8 conducted so that all depositions have been taken and any 9 disputes relevant to discovery shall have been resolved by 10 appropriate order if necessary and, where discovery has been 11 ordered, the order has been obeyed. 12 discovery must be noticed on the magistrate judge’s calendar in 13 accordance with the local rules of this court and so that such 14 motions may be heard (and any resulting orders obeyed) not later 15 than November 3, 2017. 16 V. 17 All motions, except motions for continuances, temporary All motions to compel MOTION HEARING SCHEDULE 18 restraining orders, or other emergency applications, shall be 19 filed on or before December 4, 2017. 20 noticed for the next available hearing date. 21 cautioned to refer to the local rules regarding the requirements 22 for noticing and opposing such motions on the court’s regularly 23 scheduled law and motion calendar. All motions shall be Counsel are 24 VI. FINAL PRETRIAL CONFERENCE 25 The Final Pretrial Conference is set for February 12, 26 2018, at 1:30 p.m. in Courtroom No. 5. 27 attended by at least one of the attorneys who will conduct the 28 trial for each of the parties and by any unrepresented parties. 3 The conference shall be 1 Counsel for all parties are to be fully prepared for 2 trial at the time of the Pretrial Conference, with no matters 3 remaining to be accomplished except production of witnesses for 4 oral testimony. 5 and are referred to Local Rules 281 and 282 relating to the 6 contents of and time for filing those statements. 7 those subjects listed in Local Rule 281(b), the parties are to 8 provide the court with: (1) a plain, concise statement which 9 identifies every non-discovery motion which has been made to the 10 court, and its resolution; (2) a list of the remaining claims as 11 against each defendant; and (3) the estimated number of trial 12 days. 13 Counsel shall file separate pretrial statements, In addition to In providing the plain, concise statements of 14 undisputed facts and disputed factual issues contemplated by 15 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 16 that remain at issue, and any remaining affirmatively pled 17 defenses thereto. 18 parties shall also prepare a succinct statement of the case, 19 which is appropriate for the court to read to the jury. If the case is to be tried to a jury, the 20 VII. TRIAL SETTING 21 A jury trial is set for April 10, 2018 at 9:00 a.m. 22 The parties estimate that trial will last five to seven days. 23 VIII. SETTLEMENT CONFERENCE 24 A Settlement Conference will be set at the time of the 25 Pretrial Conference. 26 the court whether they will stipulate to the trial judge acting 27 as settlement judge and waive disqualification by virtue thereof. 28 All parties should be prepared to advise Counsel are instructed to have a principal with full 4 1 settlement authority present at the Settlement Conference or to 2 be fully authorized to settle the matter on any terms. 3 seven calendar days before the Settlement Conference counsel for 4 each party shall submit a confidential Settlement Conference 5 Statement for review by the settlement judge. 6 judge is not the trial judge, the Settlement Conference 7 Statements shall not be filed and will not otherwise be disclosed 8 to the trial judge. 9 IX. At least If the settlement MODIFICATIONS TO SCHEDULING ORDER 10 Any requests to modify the dates or terms of this 11 Scheduling Order, except requests to change the date of the 12 trial, may be heard and decided by the assigned Magistrate Judge. 13 All requests to change the trial date shall be heard and decided 14 only by the undersigned judge. 15 Dated: December 28, 2016 16 17 18 19 20 21 22 23 24 25 26 27 28 5

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?