SP25 Final (2/2)

Question 1

Scheduling orders FRCP 16

Answer 1

(1) district judgment must issue scheduling order
(A) After receiving the parties’ resport under 26(f)
(B) after consulting with the parties’ attorneys and any unrepresented parties at a scheduling conference

(3) MUST limit time to join other parties, amend pleadings, complete discovery, and file motions
(4) schedule may only be modified for good cause and with the judge’s consent
(e) ct may hold final pretrial conference to formulate trial plan, may only modify order issued after to prevent manifest injustice
(f) sanctions if party fails to appear at scheduling/pre-trial conference, unprepared, does not participate in good faith

Question 2

JF Edwards Construction

Answer 2

Parties cannot agree on stipulated facts. Nothing in FRCP 16 empowers a ct to compel parties to stip to facts. Judges cannot force parties to settle, stip, or get rid of a claim just bc it would expedite trial.

can sanction parties if they don’t engage in litigation process

Question 3

Davey v Lockheed Martin Corp.

Answer 3

Pretrial order may be modified “only to prevent manifest injustice” FRCP (16)(e). In a challenge to a district ct’s denial of a motion to amend the pretrial order, ct considers:
(1) prejudice or surprise to party opposing issue,
(2) ability of that party to cure any prejudice,
(3) disruption by inclusion of the new issue and
(4) bad faith by the party seeking to modify the order.

Here, defending party trying to amend to assert new affirmative defense to claim that had been established two months prior. Court initially says no, but court of appeal reverses.

Question 4

Voluntary dismissal FRCP 41(a)(1)

Answer 4

(A) A p may dismiss an action without a ct order by filing:
(i) notice of dismissal before opposing paty serves an answer or MSJ
(InRe Bath–> ct granting leave to amend complaint does not prevent them from voluntary dismissing)
*Notice works automatically

(B) unless notice of stipulation states otherwise, dismissal is without prejudice. BUT second voluntary dismissal (whether fed or state action based on same claim) operates as an adjudication on the merits (w/prejudice)

(2) by ct order–except as provided above, an action may be dismissed at the Ps request only by ct order on terms that the ct considers proper
- discretion allows judge to consider plain legal prejudice or preparation prejudice
If D has pleaded a counterclaim, action may be dismissed over Ds objection only if counterclaim can remain for independent adjudication. Dismissal w/o prejudice.

Question 5

FRCP 41(b) involuntary dismissal

Answer 5

if P fails to prosecute or comply with these rules or a ct order, a D may move to dismiss the action or any claim against it. W/ prejudice

Question 6

MSJ 56(a)

Answer 6

(a) Party may move for summary judgment, identifying each claim or defense [or part] on which summary judgment is sought. Court shall grant if movant shows there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. Ct should state reasons for granting and denying on the record.
(b) time to file–30 days after close of all discovery
(c) record is admissible evidence

Question 7

genuine dispute of material facts

Answer 7

substantive law reveals what is material. Material facts are those facts which affect the outcome.

Slaven–> whether officers recognized decedent was wearing a belt is not material to whether they breached their duty as innkeepers because it did not show that officers knew or should have known he was a suicide risk

Tolan–> Court must consider all evidence presented in the light most favorable to the non-moving party and must draw all reasonable inferences in favor of the nonmovant. Whether Tolan’s mother was aggravated and whether Tolan was screaming was a genuine dispute of material fact.

Question 8

…Entitled to judgment as a matter of law

Answer 8

law says relief if these elements met–> undisputed facts show I have met these elements

Question 9

Burdens MSJ

Answer 9

Moving party has initial burden, shifts to opposing party to show specific material facts raising genuine dispute.

Question 10

3 flavors

Answer 10

proof of elements MSJ–> prove all elements of movant’s claim or defense
Disproof of element MSJ–> negate an element of non-movant’s claim
absence of evidence MSJ–> show no evidence to support an element of non-movant’s claim