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 UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

----oo0oo----

JAMES P. DeFAZIO,

Plaintiff,

v. NO. CIV. S-04-1358 WBS GGH

HOLLISTER, INC.; et al.,

Defendants.

----oo0oo----

STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Updated Joint Status

Report, the court hereby vacates the Status (Pretrial Scheduling)

Conference scheduled for February 25, 2007, 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). 

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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 upon 28 U.S.C. § 1331

(federal question); and 29 U.S.C. § 1132(e)(1)(ERISA). Venue is

undisputed and is hereby found to be proper.

IV. DISCOVERY

Parties shall serve the initial disclosures required

by Fed. R. Civ. P. 26 (a)(1) by no later than April 11, 2008.

Parties shall disclose experts and produce reports in

accordance with Fed. R. Civ. P. 26(a)(2) by no later than

September 19, 2008. 

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) by no later than

October 17, 2008. 

All discovery, including depositions for preservation

of testimony, is left open, save and except that it shall be so

conducted as to be completed by January 30, 2009. The word

"completed" means that all discovery shall have been conducted so

that all depositions have been taken and any disputes relevant 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

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rules of this court and so that such motions may be heard (and

any resulting orders obeyed) not later than January 31, 2009.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances,

temporary restraining orders or other emergency applications,

shall be filed on or before March 27, 2009. 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.

VI. FINAL PRETRIAL CONFERENCE

The Final Pretrial Conference is set for June 15, 2009

at 2:00 p.m. in Courtroom No. 5. 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 made 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

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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.

VII. TRIAL SETTING

The court trial is set for August 4, 2009, at 

9:00 a.m.

IX. 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.

DATED: February 15, 2008

 

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