GARLAND E. BURRELL
ORDER MODIFYING STATUS (PRETRIAL SCHEDULING) ORDEROn September 14, 2011 the parties filed a "Stipulation to Extend Deadlines of Status (Pretrial Scheduling) Order[.]" (ECF No. 64.) The Order will be amended but not precisely as the parties propose, since all proposed modifications are not practicable. Therefore, the Status (Pretrial Scheduling) Order is modified as follows.
DISCOVERYAll discovery shall be completed by March 28, 2012. Further, each party shall comply with Federal Rule of Civil Procedure 26's initial expert witness disclosure requirements on or before February 1, 2012, and any contradictory and/or rebuttal expert disclosure authorized under Rule 26(a)(2)(D)(ii) on or before February 28, 2012.
MOTION HEARING SCHEDULEThe last hearing date for motions shall be April 16, 2012, commencing at 9:00 a.m.
FINAL PRETRIAL CONFERENCEThe final pretrial conference is rescheduled to commence at 2:30 p.m. on June 11, 2012. The parties are warned that non-trial worthy issues could be eliminated sua sponte "[i]f the pretrial conference discloses that no material facts are in dispute and that the undisputed facts entitle one of the parties to judgment as a matter of law." Portsmouth Square v. S'holders Protective Comm., 770 F.2d 866, 869 (9th Cir. 1985).
The Court uses the parties' joint pretrial statement to prepare its final pretrial order and could issue the final pretrial order without holding the scheduled final pretrial conference. See Mizwicki v. Helwig, 196 F.3d 828, 833 (7th Cir. 1999) ("There is no requirement that the court hold a pretrial conference.").
If possible, at the time of filing the joint pretrial statement counsel shall also email it in a format compatible with WordPerfect to: geborders@caed.uscourts.gov.
TRIAL SETTINGTrial shall commence at 9:00 a.m. on September 25, 2012.
IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge
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