United States of America v. Kernen Construction et al

Filing 15

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 10/30/17. Discovery due by 8/2/2018. Dispositive Motions filed by 8/20/2018. Final Pretrial Conference set for 10/22/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 12/4/2018 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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----oo0oo---UNITED STATES OF AMERICA,
CIV. NO. 2:17-01424 WBS CMK
Plaintiff,

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v.

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KERNEN CONSTRUCTION and BUNDY
& SONS, INC., d/b/a BUNDY &
SONS LOGGING,
Defendants.

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----oo0oo----

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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 November 6, 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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All defendants have been served, and no further service

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is permitted without leave of court, good cause having been shown
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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 except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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(9th Cir. 1992).

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III. JURISDICTION/VENUE

See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604

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Jurisdiction is predicated upon 28 U.S.C. §§ 1331 and

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1345.

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IV.

Venue is undisputed and hereby found to be proper.

DISCOVERY

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The parties agree to serve the initial disclosures

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required by Federal Rule of Civil Procedure 26(a)(1) by November

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20, 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 1, 2018.

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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 before July 2, 2018.

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discovery, including depositions for preservation of testimony,

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is left open, save and except that it shall be so conducted as to

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be completed by August 2, 2018.

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all discovery shall have been conducted so that all depositions

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have been taken and any disputes relevant to discovery shall have

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been resolved by appropriate order if necessary and, where

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discovery has been ordered, the order has been obeyed.

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motions to compel discovery must be noticed on the magistrate

With regard to expert testimony

All other

The word “completed” means that

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All

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judge’s calendar in accordance with the local rules of this court

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and so that such motions may be heard (and any resulting orders

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obeyed) not later than August 2, 2018.

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V.

MOTION HEARING SCHEDULE

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All motions, except motions for continuances, temporary

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restraining orders, or other emergency applications, shall be

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filed on or before August 20, 2018.

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for the next available hearing date.

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refer to the local rules regarding the requirements for noticing

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and opposing such motions on the court’s regularly scheduled law

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and motion calendar.

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VI.

All motions shall be noticed
Counsel are cautioned to

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for October 22,

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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

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.

Counsel shall file separate pretrial statements,

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In addition to

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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.

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VII. TRIAL SETTING

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

The jury trial is set for December 4, 2018 at 9:00 a.m.

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Plaintiff estimates a jury trial will last five days.

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estimate that trial on plaintiff’s complaint will last seven to

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ten days, with an additional five days needed for adjudicating

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issues attendant to their respective cross-complaints.

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VIII.

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Defendants

SETTLEMENT CONFERENCE
A Settlement Conference will be set at the time of the

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Pretrial Conference.

All parties should be prepared to advise

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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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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.

MODIFICATIONS TO SCHEDULING ORDER
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At least

If the settlement

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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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IT IS SO ORDERED.
Dated:

October 30, 2017

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