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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

----oo0oo----

UNITED STATES OF AMERICA,

 NO. CIV. S-04-1867 WBS/JFM

Plaintiff,

v.

REAL PROPERTY LOCATED AT 2363

FAIRVIEW LANE, PLACER COUNTY,

NEWCASTLE, CALIFORNIA, BEARING

APN: 032-253-036, INCLUDING ALL

APPURTENANCES AND IMPROVEMENTS

THERE,

REAL PROPERTY LOCATED ON LINCOLN 

STREET, PLACER COUNTY, ROSEVILLE,

CALIFORNIA, BEARING APN: 012-200

010, INCLUDING ALL APPURTENANCES 

AND IMPROVEMENTS THERETO,

Defendant(s).

----oo0oo----

AMENDED STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the

court hereby vacates the Status (Pretrial Scheduling) Conference

scheduled for April 25, 2005, and makes the following findings

and orders without needing to consult with the parties any

further:

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I. SERVICE OF PROCESS, JOINDER OF PARTIES/AMENDMENTS

Plaintiff has served all entities known to have an

interest in each parcel of property identified in this case,

with the exception of "Donald V. Ryan, Trustee of the Thomas

Richard Ryan Trust." Plaintiff may serve said claimant within

thirty (30) days of the file-stamped date of this order.

Except as so provided, no further service of process,

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).

II. JURISDICTION/VENUE

Jurisdiction is predicated in this matter pursuant to

28 U.S.C. §§ 1345 and 1355. This Court has venue pursuant to 18

U.S.C. § 1395

III. DISCOVERY

The parties have stipulated that each party will serve

the initial disclosures required by Fed. R. Civ. P. 26 (a)(1) by

no later than May 15, 2005.

Plaintiff shall disclose experts and produce reports

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

October 14, 2005. 

Claimants shall disclose experts and produce reports

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

November 1, 2005. 

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 16, 2006. The word

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"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 rules of this court and so that such motions may be

heard (and any resulting orders obeyed) not later than January

16, 2006. 

IV. MOTION HEARING SCHEDULE

All motions, except motions for continuances,

temporary restraining orders or other emergency applications,

shall be filed on or before February 15, 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. 

V. FINAL PRETRIAL CONFERENCE

The Final Pretrial Conference is set for April 10,

2006 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

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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

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.

VI. TRIAL SETTING

The trial is set for July 11 at 9:00 a.m.

VII. SETTLEMENT CONFERENCE

A Settlement Conference will be set at the time of the

Pretrial Conference.

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 

///

///

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Statements shall not be filed and will not otherwise be disclosed

to the trial judge.

DATED: April 18, 2005.

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