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Johnson v. Wong

United States District Court, E.D. California
Feb 3, 2006
Civ. 2:05-0770 WBS-GGH (E.D. Cal. Feb. 3, 2006)

Opinion

Civ. 2:05-0770 WBS-GGH.

February 3, 2006


STATUS (PRETRIAL SCHEDULING) ORDER


After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for February 17, 2006, and makes the following findings and orders without needing to consult with the parties any further:

I. SERVICE OF PROCESS

All named defendants have been served and no further service is permitted without leave of court, good cause having been shown under Fed.R.Civ.P. 16(b).

II. JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings is permitted except with leave of court, good cause having been shown under Fed.R.Civ.P. 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated on 28 U.S.C. § 1331 (federal question) for violations of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. Venue is undisputed and hereby found to be proper.

IV. VOLUNTARY DISPUTE RESOLUTION PROGRAM

The parties stipulate that this matter be referred to Voluntary Dispute Resolution Program. If the case is not settled in Voluntary Dispute Resolution Program, a Settlement Conference will be set at the time of the Pretrial Conference.

V. DISCOVERY

Initial disclosures required by Fed.R.Civ.P. 26 (a)(1) will be served by no later than February 28, 2006.

Plaintiff shall disclose experts and produce reports in accordance with Fed.R.Civ.P. 26(a)(2) by no later than April 28, 2006.

Defendant shall disclose experts and produce reports in accordance with Fed.R.Civ.P. 26(a)(2) by no later than May 12, 2006.

With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Fed.R.Civ.P. 26(a)(2) on or before June 2, 2006.

All discovery is left open, save and except that expert discovery shall be so conducted as to be completed by July 31, 2006, and non-expert discovery shall be so conducted as to be completed by August 31, 2006. The word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance with the local rules of this court and so that such motions may be heard (and any resulting orders obeyed) not later than July 31, 2006 for expert discovery and August 31, 2006 for non-expert discovery.

VI. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be filed on or before October 31, 2006. All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for noticing and opposing such motions on the court's regularly scheduled law and motion calendar.

VII. FINAL PRETRIAL CONFERENCE

The Final Pretrial Conference is set for February 12, 2007 at 10:00 a.m. The conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties.

Counsel for all parties are to be fully prepared for trial at the time of the Pretrial Conference, with no matters remaining to be accomplished except production of witnesses for oral testimony. Counsel shall file separate pretrial statements, and are referred to Local Rules 16-281 and 16-282 relating to the contents of and time for filing those statements. In addition to those subjects listed in Local Rule 16-281(b), the parties are to provide the court with: (1) a plain, concise statement which identifies every non-discovery motion which has been tendered to the court, and its resolution; (2) a list of the remaining claims as against each defendant; and (3) the estimated number of trial days.

In providing the plain, concise statements of undisputed facts and disputed factual issues contemplated by Local Rule 16-281(b)(3)-(4), the parties shall emphasize the claims that remain at issue, and any remaining affirmatively pled defenses thereto. If the case is to be tried to a jury, the parties shall also prepare a succinct statement of the case, which is appropriate for the court to read to the jury.

VIII. TRIAL SETTING

The trial is set for April 10, 2007, at 9:00 a.m. in Courtroom No. 5.

IX. SETTLEMENT CONFERENCE

A Settlement Conference will be set at the time of the Pretrial Conference.

All parties should be prepared to advise the court whether they will stipulate to the trial judge acting as settlement judge and waive disqualification by virtue thereof.

Counsel are instructed to have a principal with full settlement authority present at the Settlement Conference or to be fully authorized to settle the matter on any terms. At least seven calendar days before the Settlement Conference counsel for each party shall submit a confidential Settlement Conference Statement for review by the settlement judge. If the settlement judge is not the trial judge, the Settlement Conference Statements shall not be filed and will not otherwise be disclosed to the trial judge.

X. MODIFICATIONS TO SCHEDULING ORDER

Any requests to modify the dates or terms of this Scheduling Order, except requests to change the dates of the final Pretrial Conference or trial, may be heard and decided by the assigned Magistrate Judge. All requests to change the dates of the Pretrial Conference and/or trial shall be heard and decided only by the undersigned judge.


Summaries of

Johnson v. Wong

United States District Court, E.D. California
Feb 3, 2006
Civ. 2:05-0770 WBS-GGH (E.D. Cal. Feb. 3, 2006)
Case details for

Johnson v. Wong

Case Details

Full title:SCOTT N. JOHNSON, Plaintiff, v. JIN WONG; WONDA WONG; GORDON WONG; and…

Court:United States District Court, E.D. California

Date published: Feb 3, 2006

Citations

Civ. 2:05-0770 WBS-GGH (E.D. Cal. Feb. 3, 2006)