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Lexington Insurance Company v. Energetic Lath & Plaster, Inc., 2:15-cv-00861-KJM-EFB. (2016)

Court: District Court, E.D. California Number: infdco20160307478 Visitors: 14
Filed: Mar. 03, 2016
Latest Update: Mar. 03, 2016
Summary: ORDER KIMBERLY J. MUELLER , District Judge . On January 25, 2016, the court vacated the pretrial scheduling conference previously set for February 18, 2016, and reset it for May 12, 2016, in light of the then-pending motions to dismiss and for summary judgment. ECF No. 68. Having now resolved those motions, the court ADVANCES the status conference to Thursday, March 31, 2016 at 2:30 p.m. for reasons explained below. Federal Rule of Civil Procedure 16 provides the court can "order the att
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ORDER

On January 25, 2016, the court vacated the pretrial scheduling conference previously set for February 18, 2016, and reset it for May 12, 2016, in light of the then-pending motions to dismiss and for summary judgment. ECF No. 68. Having now resolved those motions, the court ADVANCES the status conference to Thursday, March 31, 2016 at 2:30 p.m. for reasons explained below.

Federal Rule of Civil Procedure 16 provides the court can "order the attorneys . . . to appear for one or more pretrial conferences" for case management, efficiency, and facilitation of settlement. Fed.R.Civ.P. 16(a); see also E.D. Cal. L.R. 240(a). In this instance the court finds a status conference in the near future will further effective case management and promote efficiency prior to the filing of any further motions by the parties.

Among other reasons for advancing scheduling, the court notes that the meet-and-confer efforts and reporting on those efforts required by the court's standing order, ECF No. 3-1, do not appear to have been satisfied prior to the filing of motions in this case to date. See, e.g., ECF No. 57-1 at 2 (mere representation that meet-and-confer occurred, without meaningful detail). The court also requires counsel to "resolve minor procedural or other non-substantive matters" in the course of meeting and conferring. Id. The parties appear not to have worked together to satisfy this requirement either. See, e.g., ECF Nos. 55, 62, 71, 78, 97.

Accordingly, IT IS HEREBY ORDERED the pretrial scheduling conference is ADVANCED to Thursday, March 31, 2016 and parties are ORDERED to file a joint status report as required by this court, following meaningful meet and confer as also required, by the close of business on Monday, March 28, 2016.

IT IS SO ORDERED.

Source:  Leagle

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