Summary
The United States District Court for the Eastern District of California issued a Status (Pretrial Scheduling) Order in Dores v. General Motors LLC. The order addresses service, amendments, discovery, motion deadlines, the final pretrial conference, trial setting, settlement procedures, and modification of scheduling dates in a Song-Beverly Consumer Warranty Act action.
Holdings
- Because all defendants had been served, no further service was permitted without leave of court and a showing of good cause under Federal Rule of Civil Procedure 16(b).
- No further joinder of parties or amendments to pleadings would be permitted without leave of court and a showing of good cause under Federal Rule of Civil Procedure 16(b).
- The court found diversity jurisdiction under 28 U.S.C. § 1332 because the amount sought exceeded $75,000 and complete diversity existed, and found venue proper.
- The court adopted deadlines for disclosures, expert reports, completion of discovery, motions, the final pretrial conference, settlement proceedings, and trial.
Questions Presented
- Whether the court should vacate the scheduled status and pretrial scheduling conference and enter a scheduling order based on the parties' Joint Status Report.
- Whether further service, joinder of parties, or amendments to pleadings should be permitted absent leave of court and good cause.
- Whether diversity jurisdiction and venue were adequately established for the action.
- What deadlines and procedures should govern discovery, motions, pretrial proceedings, settlement, and trial.
Disposition
other
Cases Cited (1)
- Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…