United States v. Greenville Rancheria of Maidu Indians of CA ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 UNITED STATES OF AMERICA, No. 2:21-CV-00662 WBS KJN 13 Plaintiff, 14 v. 15 THE GREENVILLE RANCHERIA OF MAIDU INDIANS OF CALIFORNIA, 16 Defendant. 17 18 ----oo0oo---- 19 STATUS (PRETRIAL SCHEDULING) ORDER 20 After reviewing the parties’ Amended Joint Status 21 Report, the court hereby vacates the Status (Pretrial Scheduling) 22 Conference scheduled for October 12, 2021, and makes the 23 following findings and orders without needing to consult with the 24 parties any further. 25 I. SERVICE OF PROCESS 26 The defendant has been served, and no further service 27 is permitted without leave of court, good cause having been shown 28 1 under Federal Rule of Civil Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 7 (9th Cir. 1992). Defendant intends to submit a motion for leave 8 of court to file a third party complaint against the Feather 9 River Resource Conservation District.1 10 III. JURISDICTION/VENUE 11 Jurisdiction is predicated upon 28 U.S.C. §§ 1331 and 12 1345, because this action is commenced by the United States and 13 arises under federal common law. Venue is undisputed and hereby 14 found to be proper. 15 IV. DISCOVERY 16 The parties have already served the initial disclosures 17 required by Federal Rule of Civil Procedure 26(a)(1). 18 The parties shall disclose experts and produce reports 19 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 20 later than June 24, 2022. With regard to expert testimony 21 intended solely for rebuttal, those experts shall be disclosed 22 and reports produced in accordance with Federal Rule of Civil 23 Procedure 26(a)(2) on or before July 29, 2022. 24 All discovery, including depositions for preservation 25 of testimony, is left open, save and except that it shall be so 26 1 If the court grants a motion to file a third party 27 complaint, the parties may request a further status conference might be appropriate once all parties have been joined. 28 1 conducted as to be completed by August 26, 2022. The word 2 “completed” means that all discovery shall have been conducted so 3 that all depositions have been taken and any disputes relevant to 4 discovery shall have been resolved by appropriate order if 5 necessary and, where discovery has been ordered, the order has 6 been obeyed. All motions to compel discovery must be noticed on 7 the magistrate judge’s calendar in accordance with the local 8 rules of this court and so that such motions may be heard (and 9 any resulting orders obeyed) not later than August 26, 2022. 10 V. MOTION HEARING SCHEDULE 11 All motions, except motions for continuances, temporary 12 restraining orders, or other emergency applications, shall be 13 filed on or before September 23, 2022. All motions shall be 14 noticed for the next available hearing date. Counsel are 15 cautioned to refer to the local rules regarding the requirements 16 for noticing and opposing such motions on the court’s regularly 17 scheduled law and motion calendar. 18 VI. FINAL PRETRIAL CONFERENCE 19 The Final Pretrial Conference is set for December 5, 20 2022, at 1:30 p.m. in Courtroom No. 5. The conference shall be 21 attended by at least one of the attorneys who will conduct the 22 trial for each of the parties and by any unrepresented parties. 23 Counsel for all parties are to be fully prepared for 24 trial at the time of the Pretrial Conference, with no matters 25 remaining to be accomplished except production of witnesses for 26 oral testimony. Counsel shall file separate pretrial statements, 27 and are referred to Local Rules 281 and 282 relating to the 28 contents of and time for filing those statements. In addition to 1 those subjects listed in Local Rule 281(b), the parties are to 2 provide the court with: (1) a plain, concise statement which 3 identifies every non-discovery motion which has been made to the 4 court, and its resolution; (2) a list of the remaining claims as 5 against each defendant; and (3) the estimated number of trial 6 days. 7 In providing the plain, concise statements of 8 undisputed facts and disputed factual issues contemplated by 9 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 10 that remain at issue, and any remaining affirmatively pled 11 defenses thereto. If the case is to be tried to a jury, the 12 parties shall also prepare a succinct statement of the case, 13 which is appropriate for the court to read to the jury. 14 VII. TRIAL SETTING 15 The jury trial is set for January 31, 2023 at 9:00 a.m. 16 The parties estimate that the trial will last ten days. 17 VIII. SETTLEMENT CONFERENCE 18 A Settlement Conference will be set at the time of the 19 Pretrial Conference. All parties should be prepared to advise 20 the court whether they will stipulate to the trial judge acting 21 as settlement judge and waive disqualification by virtue thereof. 22 Counsel are instructed to have a principal with full 23 settlement authority present at the Settlement Conference or to 24 be fully authorized to settle the matter on any terms. At least 25 seven calendar days before the Settlement Conference counsel for 26 each party shall submit a confidential Settlement Conference 27 Statement for review by the settlement judge. If the settlement 28 judge is not the trial judge, the Settlement Conference eee eee II OIE OE OS OE OE ESO NE 1 Statements shall not be filed and will not otherwise be disclosed 2 to the trial judge. 3 IX. MODIFICATIONS TO SCHEDULING ORDER 4 Any requests to modify the dates or terms of this 5 Scheduling Order, except requests to change the date of the 6 | trial, may be heard and decided by the assigned Magistrate Judge. 7 All requests to change the trial date shall be heard and decided 8 only by the undersigned judge. 9 IT IS SO ORDEREL dh hha (hi. 10 Dated: September 30, 2021 Pi he Vi (eh 11 UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28