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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELNORA COLLINS,

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CIV. NO. 2:16-2023 WBS EFB

Plaintiff,

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v.

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AMTRAK NATIONAL RAILROAD
PASSENGER CORPORATION and
DOES 1 through 10, inclusive,

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Defendant.

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STATUS (PRETRIAL SCHEDULING) ORDER

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After reviewing the parties’ Joint Status Report, the

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court hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for January 3, 2017, and makes the following findings

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and orders without needing to consult with the parties any

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further.

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I.

SERVICE OF PROCESS

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The named defendant has been served, and no further
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service is permitted without leave of court, good cause having

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been shown under Federal Rule of Civil Procedure 16(b).

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II.

JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendments to

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pleadings will be permitted by any party except with leave of

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court, good cause having been shown under Federal Rule of Civil

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Procedure 16(b).

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F.2d 604 (9th Cir. 1992).

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See Johnson v. Mammoth Recreations, Inc., 975

III. JURISDICTION/VENUE

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Jurisdiction is predicated upon federal question

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jurisdiction, 28 U.S.C. § 1331, and 28 U.S.C. § 1349.1

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undisputed and hereby found to be proper.

Venue is

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IV.

DISCOVERY

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The parties shall serve the initial disclosures

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required by Federal Rule of Civil Procedure 26(a)(1) by no later

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than February 3, 2017.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than June 2, 2017.

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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).
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intended solely for rebuttal, those experts shall be disclosed

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and reports produced in accordance with Federal Rule of Civil

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Procedure 26(a)(2) on or July 5, 2017.

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All other discovery, including depositions for

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preservation of testimony, is left open, save and except that it

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shall be so conducted as to be completed by November 3, 2017.

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The word “completed” means that all discovery shall have been

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conducted so that all depositions have been taken and any

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disputes relevant to discovery shall have been resolved by

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appropriate order if necessary and, where discovery has been

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ordered, the order has been obeyed.

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discovery must be noticed on the magistrate judge’s calendar in

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accordance with the local rules of this court and so that such

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motions may be heard (and any resulting orders obeyed) not later

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than November 3, 2017.

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V.

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All motions, except motions for continuances, temporary

All motions to compel

MOTION HEARING SCHEDULE

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restraining orders, or other emergency applications, shall be

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filed on or before December 4, 2017.

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noticed for the next available hearing date.

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cautioned to refer to the local rules regarding the requirements

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for noticing and opposing such motions on the court’s regularly

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scheduled law and motion calendar.

All motions shall be
Counsel are

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for February 12,

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2018, at 1:30 p.m. in Courtroom No. 5.

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attended by at least one of the attorneys who will conduct the

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trial for each of the parties and by any unrepresented parties.
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The conference shall be

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Counsel for all parties are to be fully prepared for

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trial at the time of the Pretrial Conference, with no matters

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remaining to be accomplished except production of witnesses for

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oral testimony.

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and are referred to Local Rules 281 and 282 relating to the

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contents of and time for filing those statements.

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those subjects listed in Local Rule 281(b), the parties are to

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provide the court with: (1) a plain, concise statement which

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identifies every non-discovery motion which has been made to the

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court, and its resolution; (2) a list of the remaining claims as

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against each defendant; and (3) the estimated number of trial

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days.

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Counsel shall file separate pretrial statements,

In addition to

In providing the plain, concise statements of

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undisputed facts and disputed factual issues contemplated by

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Local Rule 281(b)(3)-(4), the parties shall emphasize the claims

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that remain at issue, and any remaining affirmatively pled

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defenses thereto.

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parties shall also prepare a succinct statement of the case,

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which is appropriate for the court to read to the jury.

If the case is to be tried to a jury, the

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VII.

TRIAL SETTING

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A jury trial is set for April 10, 2018 at 9:00 a.m.

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The parties estimate that trial will last five to seven days.

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VIII.

SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the

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Pretrial Conference.

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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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All parties should be prepared to advise

Counsel are instructed to have a principal with full
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settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms.

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seven calendar days before the Settlement Conference counsel for

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.

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judge is not the trial judge, the Settlement Conference

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

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IX.

At least

If the settlement

MODIFICATIONS TO SCHEDULING ORDER

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Any requests to modify the dates or terms of this

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Scheduling Order, except requests to change the date of the

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trial, may be heard and decided by the assigned Magistrate Judge.

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All requests to change the trial date shall be heard and decided

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only by the undersigned judge.

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Dated:

December 28, 2016

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