Cohen v. United States Coast Guard
- Proceeding
- district
- Area
- civil
- Panel
- Karen S. Crawford (author)
Analysis
The court issued a tentative scheduling order for a civil case, setting a deadline for summary judgment motions and confirming that discovery remains closed. The court also scheduled a telephonic Case Management Conference and declined to hold an Early Neutral Evaluation.
| What the court decided | The model |
|---|---|
The court declined to hold an Early Neutral Evaluation.“The Court will not hold an Early Neutral Evaluation in this matter.” | agree with court The court exercised its discretion to waive a local rule requirement, which is a standard procedural function. |
The court scheduled a telephonic Case Management Conference for July 21, 2023.“The Court nonetheless exercises its discretion to hold a telephonic Case Management Conference (“CMC”) on July 21, 2023, at 11:00 a.m.” | agree with court Scheduling conferences are within the court's inherent and statutory authority to manage cases. |
The court set a deadline of September 15, 2023, for filing Motions for Summary Judgment.“The deadline for any party to file a Motion for Summary Judgment is September 15, 2023.” | agree with court Setting pretrial deadlines is a routine exercise of the court's case management powers. |
The court ordered that discovery remains closed and no party may take discovery without a court order.“Discovery remains closed in this matter and no party shall take discovery without first obtaining a court order.” | agree with court The court cited Lane v. Dep’t of the Interior to support the closure of discovery, which is a standard procedural restriction often applied in specific types of cases or by local rule. |
The order itself: sound — The order is a standard procedural scheduling order. It correctly cites local rules and a Ninth Circuit case to support the closure of discovery. The reasoning is sufficient for a scheduling order, which does not require extensive legal analysis.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SCOTT COHEN, Case No.: 23-cv-912-JLS-KSC 12 Plaintiff, ORDER SETTING CASE 13 v. MANAGEMENT CONFERENCE; TENTATIVE SCHEDULING ORDER 14 UNITED STATES COAST GUARD, 15 Defendant. 16 17 18 The Court will not hold an Early Neutral Evaluation in this matter. See Civ. L.R. 19 16.1(e). The Court nonetheless exercises its discretion to hold a telephonic Case 20 Management Conference (“CMC”) on July 21, 2023, at 11:00 a.m. To participate in the 21 conference, counsel and any parties appearing in pro per must dial the toll-free number, 1- 22 877-873-8017, and use access code 2924630. Participants will remain on hold until the 23 Court activates the conference call. 24 The Court will adopt the following tentative Scheduling Order unless the parties at 25 the CMC show good cause to depart from these pretrial dates: 26 (1) The deadline for any party to file a Motion for Summary Judgment is 27 September 15, 2023. The parties must file any Motion for Summary Judgment in 28 1 conformity with all applicable Civil Local Rules unless the assigned District Judge orders 2 || otherwise. 3 (2) Discovery remains closed in this matter and no party shall take discovery 4 || without first obtaining a court order. See Lane v. Dep’t of the Interior, 523 F.3d 1128, 1134 5 || (9th Cir. 2008). 6 IT IS SO ORDERED 7 ||Dated: July 12, 2023 JE. Le 9 Hori. Karen 8S. Crawford United States Magistrate Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28