Syed v. M-I, LLC et al

Filing 66

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 11/25/14: Discovery due by 12/1/2014. Dispositive Motions filed by 8/27/2015. Final Pretrial Conference set for 11/9/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Trial set for 1/12/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 13 SARMAD SYED, an individual, on behalf of himself and all others similarly situated, Plaintiffs, 14 15 16 17 CIV. NO. 1:14-742 WBS BAM v. PRECHECK, INC., a Texas Corporation; and DOES 1-10, Defendants. 18 19 20 ----oo0oo---- 21 STATUS (PRETRIAL SCHEDULING) ORDER 22 Status Conference was held in this matter on November 23 24 24, 2014. Peter Dion-Kindem appeared for plaintiff Sarmad Syed. 25 Raymond Muro appeared for defendant Precheck, Inc. 26 I. 27 No further service is permitted without leave of court, 28 SERVICE OF PROCESS good cause having been shown under Federal Rule of Civil 1 1 Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). 7 (9th Cir. 1992). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 8 III. JURISDICTION/VENUE 9 Jurisdiction is predicated upon federal question 10 jurisdiction, 28 U.S.C. § 1331, because plaintiff’s asserts a 11 cause of action pursuant to 15 U.S.C. § 1681n(a) and alleges a 12 violation of the Fair Credit Reporting Act, 15 U.S.C. 13 § 1681(b)(1). 14 proper. Venue is undisputed and is hereby found to be 15 IV. DISCOVERY 16 The parties indicate that they made initial disclosures 17 required by Federal Rule of Civil Procedure 26(a)(1) on November 18 17, 2014. 19 shall be made by no later than December 1, 2014. 20 Any remaining disclosures required by Rule 26(a)(1) The parties shall disclose experts and produce reports 21 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 22 later than April 1, 2015. 23 intended solely for rebuttal, those experts shall be disclosed 24 and reports produced in accordance with Federal Rule of Civil 25 Procedure 26(a)(2) on or before May 1, 2015. With regard to expert testimony 26 All discovery, including depositions for preservation 27 of testimony, is left open, save and except that it shall be so 28 conducted as to be completed by June 30, 2015. 2 The word 1 “completed” means that all discovery shall have been conducted so 2 that all depositions have been taken and any disputes relevant to 3 discovery shall have been resolved by appropriate order if 4 necessary and, where discovery has been ordered, the order has 5 been obeyed. 6 the magistrate judge’s calendar in accordance with the local 7 rules of this court and so that such motions may be heard (and 8 any resulting orders obeyed) not later than June 30, 2015. 9 10 V. All motions to compel discovery must be noticed on MOTION HEARING SCHEDULE All motions, except motions for continuances, temporary 11 restraining orders, or other emergency applications, shall be 12 filed on or before August 27, 2015. 13 for the next available hearing date. 14 refer to the local rules regarding the requirements for noticing 15 and opposing such motions on the court’s regularly scheduled law 16 and motion calendar. All motions shall be noticed Counsel are cautioned to 17 VI. FINAL PRETRIAL CONFERENCE 18 The Final Pretrial Conference is set for November 9, 19 2015, at 2:00 p.m. in Courtroom No. 5. 20 attended by at least one of the attorneys who will conduct the 21 trial for each of the parties and by any unrepresented parties. 22 The conference shall be Counsel for all parties are to be fully prepared for 23 trial at the time of the Pretrial Conference, with no matters 24 remaining to be accomplished except production of witnesses for 25 oral testimony. 26 and are referred to Local Rules 281 and 282 relating to the 27 contents of and time for filing those statements. 28 those subjects listed in Local Rule 281(b), the parties are to Counsel shall file separate pretrial statements, 3 In addition to 1 provide the court with: (1) a plain, concise statement which 2 identifies every non-discovery motion which has been made to the 3 court, and its resolution; (2) a list of the remaining claims as 4 against each defendant; and (3) the estimated number of trial 5 days. 6 In providing the plain, concise statements of 7 undisputed facts and disputed factual issues contemplated by 8 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 9 that remain at issue, and any remaining affirmatively pled 10 defenses thereto. If the case is to be tried to a jury, the 11 parties shall also prepare a succinct statement of the case, 12 which is appropriate for the court to read to the jury. 13 VII. TRIAL SETTING 14 The trial is set for January 12, 2016, at 9:00 a.m. 15 VIII. SETTLEMENT CONFERENCE 16 A Settlement Conference will be set at the time of the 17 Pretrial Conference. 18 the court whether they will stipulate to the trial judge acting 19 as settlement judge and waive disqualification by virtue thereof. 20 All parties should be prepared to advise Counsel are instructed to have a principal with full 21 settlement authority present at the Settlement Conference or to 22 be fully authorized to settle the matter on any terms. 23 seven calendar days before the Settlement Conference counsel for 24 each party shall submit a confidential Settlement Conference 25 Statement for review by the settlement judge. 26 judge is not the trial judge, the Settlement Conference 27 Statements shall not be filed and will not otherwise be disclosed 28 to the trial judge. 4 At least If the settlement 1 IX. 2 Any requests to modify the dates or terms of this 3 Scheduling Order, except requests to change the date of the 4 trial, may be heard and decided by the assigned Magistrate Judge. 5 All requests to change the trial date shall be heard and decided 6 only by the undersigned judge. 7 Dated: MODIFICATIONS TO SCHEDULING ORDER November 25, 2014 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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