Rogers v. Richard et al

Filing 70

ORDER SETTING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Magistrate Judge Edmund F. Brennan on 1/17/19 ORDERING A Status (Pretrial Scheduling) Conference is set for 2/13/19 at 10:00 a.m. in Courtroom 8; Not later than fourteen (14) days prior to the Status Conference, the parties shall file status reports. (Becknal, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KIM EDWARD ROGERS,

12

Plaintiff,

13
14

v.
WESLEY J. FISH, et al.,

15

No. 2:17-cv-149-JAM-EFB PS

ORDER SETTING STATUS (PRETRIAL
SCHEDULING) CONFERENCE

Defendants.

16
17
18
19
20
21
22

This action has been reassigned to the undersigned. ECF No. 69. Pursuant to Federal
Rule of Civil Procedure 16, it is hereby ORDERED that:
1. A Status (Pretrial Scheduling) Conference is set for February 13, 2019 at 10:00 a.m. in
Courtroom 8.
2. Not later than fourteen (14) days prior to the Status Conference, the parties shall file
status reports1 briefly describing the case and addressing the following:

23

a. Progress in service of process;

24

b. Possible joinder of additional parties;

25

c. Expected or desired amendment of pleadings;

26

d. Jurisdiction and venue;

27
28

1

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

1

e. Anticipated motions and their scheduling;

2

f. The report required by Federal Rule of Civil Procedure 26 outlining the

3

proposed discovery plan and its scheduling, including disclosure of expert witnesses;

4
5

g. Cut-off dates for discovery and law and motion, and dates for pretrial
conference and trial;2

6

h. Special procedures, if any;

7

i. Estimated trial time;

8

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

9

complexity of the proceedings;

10

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

11

l. Whether a settlement conference should be scheduled;

12

m. Whether counsel will stipulate to the undersigned acting as settlement judge

13

and waiving disqualification by virtue of his so acting, or whether they prefer to have a settlement

14

conference conducted before another judge; and

15
16
17

n. Any other matters that may add to the just and expeditious disposition of this
matter.
3. Failing to obey federal or local rules, or any order of this court, “may be grounds for

18

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

19

inherent power of the Court” including dismissal of this action. E.D. Cal. L.R. 110.

20

4. Counsel are reminded of their continuing duty to notify chambers immediately of any

21

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

22

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

23
24
25
26
27
28

2

In completing this portion of the status report(s), the parties are advised that the
undersigned’s typical pretrial schedule requires (1) initial expert disclosures to be made within
approximately sixty (60) days after the Status Conference; (2) motions to compel discovery to be
noticed for hearing 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 noticed for hearing 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

DATED: January 17, 2019.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3