Pell V. United States of America

Filing 21

SCHEDULING ORDER. ADR Stipulation or Show Cause Response due by 7/8/2016. Order to Show Cause Hearing set for 7/14/2016 at 2:00 PM. Deadline to add parties or amend the pleadings 8/1/2016. Fact discovery cut-off 3/31/2017. Expert disclosures 4/21/2017. Expert rebuttal 5/12/2017. Expert discovery cut-off 5/26/2017. Deadline to file dispositive motions 6/16/2017. Pretrial conference statement due 8/29/2017. Final Pretrial Conference set for 9/8/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Jury Trial set for 10/2/2017 - 10/10/2017 at 8:30 AM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on July 1, 2016. (wsn, COURT STAFF) (Filed on 7/1/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KENNETH WAYNE PELL,

Case No. 16-cv-01291-JST

Plaintiff,
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SCHEDULING ORDER

v.
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UNITED STATES OF AMERICA,

United States District Court
Northern District of California

Defendant.
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The Court hereby sets the following case deadlines pursuant to Federal Rule of Civil
Procedure 16 and Civil Local Rule 16-10:

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Event

Deadline

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Deadline to add parties or amend the pleadings

August 1, 2016

Fact discovery cut-off

March 31, 2017

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Expert disclosures

April 21, 2017

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Expert rebuttal

May 12, 2017

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Expert discovery cut-off

May 26, 2017

Deadline to file dispositive motions

June 16, 2017

Pretrial conference statement due

August 29, 2017

Pretrial conference

September 8, 2017 at
2:00 p.m.

Trial

October 2, 2017 at
8:30 a.m.

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Event

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United States District Court
Northern District of California

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Deadline

Estimate of trial length (in days)

Five

This case will be tried to the court.
Counsel may not modify these dates without leave of court. The parties shall comply with
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
counsel, retain experts, and manage their calendars so that they can complete discovery in a timely
manner and appear at trial on the noticed and scheduled dates. All counsel must arrange their
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
disfavored. The Court will not consider any event subsequently scheduled by a party, partycontrolled witness, expert or attorney that conflicts with the above trial date as good cause to grant
a continuance. The Court will not consider the pendency of settlement discussions as good cause
to grant a continuance.
The parties were previously ordered to file either a Stipulation to ADR Process or a Notice
of Need for ADR Phone Conference by May 24, 2016. ECF No. 3 at 2. They failed to comply
with this order. They state in their most recent Case Management Statement that

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The parties independently submitted ADR Certifications indicating
that the parties prefer to engage in private mediation once sufficient
discovery has been completed to enable a useful mediation. The
parties' counsel are familiar with each other and will work
cooperatively to schedule mediation when most efficacious.

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ECF No. 19 at 4. This representation is consistent with the Court’s personal experience with the

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maritime bar, in which repeat player counsel are typically able to litigate with greater

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professionalism and less formality than other segments of the civil bar.

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Nonetheless, a court order is a court order, and counsel may not unilaterally excuse

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themselves from complying with it. The parties are ordered to either to file either a Stipulation to

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ADR Process or a Notice of Need for ADR Phone Conference by July 8, 2016, or show cause in

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writing why sanctions should not be imposed for violation of a court order. A hearing on the order
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to show cause will be conducted on July 14, 2016 at 2:00 p.m. If the parties timely comply with

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their ADR filing obligations, the July 14, 2016 show cause hearing will be vacated.

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The Case Management Conference scheduled for July 6, 2016 is vacated.

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IT IS SO ORDERED.

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Dated: July 1, 2016

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_______________________________________
JON S. TIGAR
United States District Judge

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United States District Court
Northern District of California

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