Rawat v. Fernandes et al

Filing 32

ORDER signed by Magistrate Judge Kendall J. Newman on 9/4/2018 SETTING a status (pre-trial scheduling) conference set for 10/11/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman and ORDERING parties to file status report(s) not later than 10/4/2018. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIRAN RAWAT, et. al,

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No. 2:17-cv-02100-KJM-KJN PS

Plaintiffs,

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v.

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ORDER

TAMMY FERNANDES, et al.,

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Defendants.

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Plaintiffs, who proceed without counsel, have indicated that defendant Andrew Wolf was

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served by personal service on July 30, 2018. (ECF No. 30.) All other defendants have been

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voluntarily dismissed by plaintiffs. (See ECF Nos. 29, 31.)

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Accordingly, IT IS HEREBY ORDERED that:

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1. A status (pre-trial scheduling) conference is set for October 11, 2018, at 10:00 a.m.,

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in Courtroom No. 25 before the undersigned. All parties shall appear by counsel or in person if

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acting without counsel.
2. Not later than October 4, 2018, the parties shall file status reports1 briefly describing

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the case and addressing the following:
a. Service of process;

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The parties are encouraged, when possible, to file a joint status report.
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b. Possible joinder of additional parties;

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c. Any expected or desired amendment of the pleadings;

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d. Jurisdiction and venue;

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e. Anticipated motions and their scheduling;

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f. The report required by Fed. R. Civ. P. 26 outlining the proposed discovery plan

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and its scheduling, including disclosure of expert witnesses;

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g. Future proceedings, including setting appropriate cut-off dates for discovery
and law and motion, and the scheduling of a pretrial conference and trial;

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h. Special procedures, if any;

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i. Estimated trial time;

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

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complexity of of the proceedings;

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

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l. Whether a settlement conference should be scheduled;

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m. Whether counsel will stipulate to the magistrate judge assigned to this matter

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acting as settlement judge and waiving disqualification by virtue of his so acting, or whether they

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prefer to have a settlement conference conducted before another judge; and

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n. Any other matters that may add to the just and expeditious disposition of this
matter.

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3. Failure to obey federal or local rules, or order of this court, may result in dismissal of

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this action. This court will construe pro se pleadings liberally, but pro se litigants must comply

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with the procedural rules.

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4. Plaintiff and counsel are reminded of their continuing duty to notify chambers

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

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cautioned that pursuant to Local Rule 230(c), opposition to granting of a motion must be filed

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fourteen days preceding the noticed hearing date. The Rule further provides that “[n]o party will

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be entitled to be heard in opposition to a motion at oral arguments if written opposition to the

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motion has not been timely filed by that party.” Moreover, Local Rule 230(i) provides that
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failure to appear may be deemed withdrawal of opposition to the motion or may result in

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sanctions. Finally, Local Rule 110 provides that failure to comply with the Local Rules “may be

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

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inherent power of the Court.”

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5. The parties are informed that they may, if all consent, have this case tried by a United

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States Magistrate Judge while preserving their right to appeal to the Ninth Circuit Court of

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Appeals. See 28 U.S.C. § 636(c). The form for consent to trial by a magistrate judge is attached.

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Any party choosing to consent may complete the form and return it to the Clerk of the Court.

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Neither the magistrate judge nor the district judge handling the case will be notified of the filing

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of a consent form, unless all parties to the action have consented.

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6. The Clerk of the Court is directed to send a copy of this order to defendant Andrew

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Wolff at The Law Offices of Andrew Wolff, P.C., 1615 Broadway 4th Floor, Oakland, CA

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94612.

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IT IS SO ORDERED.
Dated: September 4, 2018

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