Goodwin v. Winn Management Group LLC

Filing 19

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 11/4/15: Discovery due by 8/5/2016. Dispositive Motions filed by 10/7/2016. Final Pretrial Conference set for 12/19/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 2/28/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ADAM GOODWIN, individually
and individually on behalf of
all others similarly
situated,
Plaintiffs,

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CIV. NO. 1:15-00606 WBS EPG

v.
WINN MANAGEMENT GROUP LLC, a
Massachusetts Limited
Liability Company, and Does 1
through 100, inclusive,

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Defendants.

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STATUS (PRETRIAL SCHEDULING) ORDER

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After reviewing the parties’ Joint Status Report, the

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court hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for November 9, 2015, and makes the following findings

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and orders without needing to consult with the parties any

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further.
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I.

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The named defendant has been served, and no further

SERVICE OF PROCESS

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service is permitted without leave of court, good cause having

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been shown under Federal Rule of Civil Procedure 16(b).

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II.

JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendments to

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pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604

(9th Cir. 1992).

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon federal question

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jurisdiction, 28 U.S.C. § 1331, because plaintiff’s claims arise

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under the Fair Labor Standards Act of 1938, 29 U.S.C. § 216(b).

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The court has supplemental jurisdiction over plaintiff’s state

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law claims, 28 U.S.C. § 1367(a).

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has diversity jurisdiction under the Class Action Fairness Act of

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2005, 28 U.S.C. § 1332(d).

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found to be proper.

In the alternative, the court

Venue is undisputed and is hereby

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IV.

DISCOVERY

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The parties did not submit a detailed discovery plan to

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the court but instead requested that the issue be deferred until

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after a ruling on class certification.

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of Civil Procedure 16(b), the court “must issue a scheduling

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order . . . after receiving the parties’ report under Rule 26(f)”

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and the report “must limit the time to join other parties, amend

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the pleadings, complete discovery, and file motions.”

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Civ. P. 16(b)(1), (3) (emphasis added).
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Pursuant to Federal Rule

Fed. R.

As a result, the court

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cannot defer issuing a discovery plan until a ruling on class

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certification.

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The parties shall serve the initial disclosures

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required by Federal Rule of Civil Procedure 26(a)(1) by no later

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than November 6, 2015.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than June 10, 2016.

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intended solely for rebuttal, those experts shall be disclosed

With regard to expert testimony

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and reports produced in accordance with Federal Rule of Civil

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Procedure 26(a)(2) on or before July 8, 2016.

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All discovery, including depositions for preservation

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of testimony, is left open, save and except that it shall be so

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conducted as to be completed by August 5, 2016.

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“completed” means that all discovery shall have been conducted so

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that all depositions have been taken and any disputes relevant to

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discovery shall have been resolved by appropriate order if

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necessary and, where discovery has been ordered, the order has

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

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rules of this court and so that such motions may be heard (and

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any resulting orders obeyed) not later than August 5, 2016.

The word

All motions to compel discovery must be noticed on

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V.

MOTION HEARING SCHEDULE

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All motions, except motions for continuances, temporary

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restraining orders, or other emergency applications, shall be

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filed on or before October 7, 2016.

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for the next available hearing date.

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refer to the local rules regarding the requirements for noticing
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All motions shall be noticed
Counsel are cautioned to

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and opposing such motions on the court’s regularly scheduled law

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and motion calendar.

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VII.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for December 19,

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2016, at 1:30 p.m. in Courtroom No. 5.

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attended by at least one of the attorneys who will conduct the

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trial for each of the parties and by any unrepresented parties.

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The conference shall be

Counsel for all parties are to be fully prepared for
trial at the time of the Pretrial Conference, with no matters

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remaining to be accomplished except production of witnesses for

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oral testimony.

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and are referred to Local Rules 281 and 282 relating to the

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contents of and time for filing those statements.

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those subjects listed in Local Rule 281(b), the parties are to

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provide the court with: (1) a plain, concise statement which

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identifies every non-discovery motion which has been made to the

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court, and its resolution; (2) a list of the remaining claims as

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against each defendant; and (3) the estimated number of trial

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days.

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Counsel shall file separate pretrial statements,

In addition to

In providing the plain, concise statements of

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undisputed facts and disputed factual issues contemplated by

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Local Rule 281(b)(3)-(4), the parties shall emphasize the claims

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that remain at issue, and any remaining affirmatively pled

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defenses thereto.

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parties shall also prepare a succinct statement of the case,

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which is appropriate for the court to read to the jury.

If the case is to be tried to a jury, the

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VIII.

TRIAL SETTING

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The jury trial is set for February 28, 2017 at 9:00
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a.m.

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IX.

SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the

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Pretrial Conference.

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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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All parties should be prepared to advise

Counsel are instructed to have a principal with full

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settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms.

At least

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seven calendar days before the Settlement Conference counsel for

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.

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judge is not the trial judge, the Settlement Conference

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

If the settlement

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X.

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Any requests to modify the dates or terms of this

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Scheduling Order, except requests to change the date of the

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trial, may be heard and decided by the assigned Magistrate Judge.

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All requests to change the trial date shall be heard and decided

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only by the undersigned judge.

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Dated:

MODIFICATIONS TO SCHEDULING ORDER

November 4, 2015

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