In re: City of San Bernardino, California
| Sam Bashaw, Thomas Jeff English, Kenneth Konior, Richard Lentine, Chris Nigg, Gregory Parker, San Bernardino City Professional Firefighters, Local 891 and Steven Tracy |
| City of San Bernardino, Does and Alan Parker |
| City of San Bernardino, California |
| 5:2015cv00815 |
| April 24, 2015 |
| US District Court for the Central District of California |
| Otis D. Wright |
| Bankruptcy Withdrawal |
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Filing
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ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION TO WITHDRAWREFERENCE 1 by Judge Otis D. Wright, II: The bankruptcy court shall retain jurisdiction over this action, with the sole exception that any jury question that is necessary to re solve the Firefighters claims for damagesunder section 1983 and the FLSA shall be tried before this Court. With respect to those two claims, the Court ORDERS as follows: (1) The bankruptcy court shall fully control all pre-trial proceedings including (but not limited to) setting a trial date, resolving all pre-trial discovery disputes, and hearing and determining all issues of law (including dispositive motions)except as otherwise provided in this Order; (2) The Firefighters and the City shall f ile a Joint Report on February 1 2016 advising the Court of the trial date (if one has been set), and all pre-trial dates and deadlines. The parties shall file a Joint Report every ninety days thereafter advising on the status on the action, includin g the status of any motions pending before the bankruptcy court and any changes in the case timeline affecting the trial of this matter; (3) This Court shall conduct the Pre-Trial Conference, hear and determine all Motions in Limine, and conduct tria l. The parties shall file all pre-trial documents inthis Court, including (but not limited to): Pre-Trial Conference Order, Trial Briefs, Exhibit Lists, Witness Lists, Jury Instructions, Verdict Forms, and Motions in Limine. The parties are strongly encouraged to review the Local Rules and the Courts Standing Order with respect to its trial and pre-trial procedures. The Firefighters are directed to file a copy of this Order with the bankruptcy court. If the parties later decide to stipulate to the bankruptcy court conducting the trial, they shall submit a stipulation and proposed order to this Court for its review. (lc). Modified on 11/10/2015 (lc).
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