M.O.R.E., LLC et al v. United States of America et al

Filing 101

AMENDED SCHEDULING ORDER. Final Pretrial Conference set for 5/6/2016 02:00 PM in Courtroom 2, 4th Floor, Oakland. Bench Trial set for 5/23/2016 - 5/26/2016 at 8:30 AM before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on May 21, 2015. (wsn, COURT STAFF) (Filed on 5/21/2015)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
M.O.R.E., LLC, et al.,

8

Case No. 12-cv-03609-JST

Plaintiffs,
9

AMENDED SCHEDULING ORDER

v.
10
UNITED STATES OF AMERICA,

11
United States District Court
Northern District of California

Defendant.
12
13
The Court hereby sets the following modified case deadlines pursuant to Federal Rule of

14
15

Civil Procedure 16 and Civil Local Rule 16-10:

16
Event

Deadline

17
Deadline to complete settlement conference

9/18/15

Discovery cut-off1

12/4/15

20

Deadline to file dispositive motions

2/12/16

21

Pretrial conference statement due

4/27/16

22

Pretrial conference

5/6/16 at 2:00 p.m.

Trial

5/23/16 at 8:30 a.m.

Estimate of trial length (in days)

Three

18
19

23
24
25

As the Court stated from the bench, it is the Court’s view that Plaintiffs’ claims for quiet

26
27
1

28

At the 5/20/15 Case Management Conference, the parties represented that they did not need
expert discovery.

1

title and wrongful levy are not triable to a jury. Towe Antique Ford Found. v. I.R.S., 999 F.2d

2

1387, 1395 (9th Cir. 1993) (wrongful levy claim is equitable and not triable to a jury); Estate of

3

Phelps, 223 Cal. App. 3d 332, 340 (1990) (quiet title action is not tried to a jury because it is

4

equitable in nature); Towers v. Titus, 5 B.R. 786, 792 (N.D. Cal. 1979) (same). If Plaintiffs wish

5

to persuade the Court otherwise, they may file a brief in support of their position by June 3, 2015.

6

Plaintiffs’ brief will be no longer than 10 pages. Defendants may, but are not required to, file a

7

responsive brief of not more than 10 pages by June 17, 2015. The Court will then take the matter

8

under submission. If Plaintiffs do not file a brief by June 3, 2015, it will have been established in

9

this case that no claims are triable to a jury and the trial will proceed as a bench trial.
At the parties’ request, ECF No. 97 at 7, the Court orders them to meet and confer

10

United States District Court
Northern District of California

11

regarding (1) the timing issues addressed in the motion to dismiss and (2) which plaintiffs have

12

standing to pursue this action. Such meet and confer must take place in person and must be

13

completed by November 1, 2015.

14

Any deadlines not modified by this order remain as previously set.

15

Counsel may not modify these dates without leave of court. The parties shall comply with

16

the Court’s standing orders, which are available at cand.uscourts.gov/jstorders.
The parties must take all necessary steps to conduct discovery, compel discovery, hire

17
18

counsel, retain experts, and manage their calendars so that they can complete discovery in a timely

19

manner and appear at trial on the noticed and scheduled dates. All counsel must arrange their

20

calendars to accommodate these dates, or arrange to substitute or associate in counsel who can.
Trial dates set by this Court should be regarded as firm. Requests for continuance are

21

22

disfavored. The Court will not consider any event subsequently scheduled by a party, party-

23

controlled witness, expert or attorney that conflicts with the above trial date as good cause to grant

24

a continuance. The Court will not consider the pendency of settlement discussions as good cause

25

to grant a continuance. The Court will not entertain any complaint regarding another party’s

26

///

27

///

28

///
2

1

dilatory production of discovery unless the complaining party previously, timely brought a motion

2

to compel or otherwise sought appropriate judicial relief.

3
4

IT IS SO ORDERED.
Dated: May 21, 2015

5
6
7

_______________________________________
JON S. TIGAR
United States District Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21

22
23
24
25
26
27
28
3