Ashely v. Youngblood et al

Filing 55

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 8/23/2017. Pleading Amendment Deadline 10/20/2017. Notice and Opt-in Deadlines: Stipulated Notice 9/22/2017; Mailing 10/6/2017; Opt-in 12/20/2017. Discovery Deadlines: Initial Disc losures 9/8/2017; Non-Expert 8/31/2018; Expert 10/26/2018. Mid-Discovery Status Conference set for 3/26/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 11/9/201 8; Hearing by 12/7/2018. Certification/Dispositive Motion Deadlines: Filed by 12/17/2018; Hearing by 1/28/2019. Pretrial Conference set for 3/11/2019 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 5/13/2019 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston.(Hall, S)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 MARK ASHELY, individually and on behalf of ) those similarly situated ) ) Plaintiffs, ) ) v. ) ) SHERIFF DONNY YOUNGBLOOD, ) ) Defendant. ) ) ) 17 18 19 20 Case No.: 1:16-CV-1638- JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 10/20/2017 Notice and Opt-in Deadlines: Stipulated Notice: 9/22/2017 Mailing: 10/6/2017 Opt-in Deadline: 12/20/2017 Discovery Deadlines: Initial Disclosures: 9/8/2017 Non-Expert: 8/31/2018 Expert: 10/26/2018 Mid-Discovery Status Conference: 3/26/2018 at 8:30 a.m. Non-Dispositive Motion Deadlines: Filing: 11/9/2018 Hearing: 12/7/2018 21 22 Certification/ Dispositive Motion Deadlines: Filing: 12/17/2018 Hearing: 1/28/2019 23 24 Pre-Trial Conference: 3/11/2019 at 10:00 a.m. 510 19th Street, Bakersfield, CA 25 26 Trial: 5/13/2019 at 8:30 a.m. 510 19th Street, Bakersfield, CA Jury trial: 20-30 days 27 28 1 1 I. August 23, 2017. 2 3 Date of Scheduling Conference II. Appearances of Counsel 4 Gregory Peterson appeared on behalf of Plaintiff. 5 Nathan Austin appeared on behalf of Defendant. 6 III. Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 7 8 motion to amend, no later than October 20, 2017. 9 IV. Fictitiously-Named Defendants All claims as to “Doe” Defendants, including any counterclaims and cross-claims, are hereby 10 11 DISMISSED. 12 V. Notice to Potential Opt-in Plaintiffs 13 The parties SHALL file a stipulated notice, with a consent form, no later than September 22, 14 2017. Following approval by the Court, the plaintiff SHALL give notice to the prospective members 15 of the collection no later than October 6, 2017. Any individuals seeking to opt-in to the action must 16 complete and file the consent form no later than December 20, 2017. 17 VI. 18 Discovery Plan and Cut-Off Date The parties disagree whether the plaintiff may proceed on a donning/doffing claim. Notably, 19 the First Amended Complaint does not specifically state a claim for donning/doffing. To the extent that 20 he is raising donning/doffing, the motion to dismiss was granted without leave to amend on this topic. 21 Thus, the Court agrees with the defendant that a donning/doffing claim is no longer at issue. 22 Nevertheless, the Court does not preclude the plaintiff from proceeding on claims he was required to 23 engage in other off-the-clock activities as set forth in the First Amended Complaint. 24 25 26 27 28 The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) on or before September 8, 2018. The parties are ordered to complete all discovery pertaining to non-experts on or before August 31, 2018, and all discovery pertaining to experts on or before October 26, 2018. The parties are directed to disclose all expert witnesses, in writing, on or September 14, 2018, 2 1 and to disclose all rebuttal experts on or before October 5, 2018. The written designation of retained 2 and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) 3 and shall include all information required thereunder. Failure to designate experts in compliance 4 with this order may result in the Court excluding the testimony or other evidence offered through such 5 experts that are not disclosed pursuant to this order. The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 6 7 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 8 included in the designation. Failure to comply will result in the imposition of sanctions, which may 9 include striking the expert designation and preclusion of expert testimony. The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement 10 11 disclosures and responses to discovery requests will be strictly enforced. A mid-discovery status conference is scheduled for March 26, 2018 at 8:30 a.m. before the 12 13 Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, 14 California. Counsel SHALL file a joint mid-discovery status conference report one week before the 15 conference. Counsel also SHALL lodge the status report via e-mail to 16 The joint statement SHALL outline the discovery counsel have completed and that which needs to be 17 completed as well as any impediments to completing the discovery within the deadlines set forth in this 18 order. Counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 19 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written notice of the 20 intent to appear telephonically no later than five court days before the noticed hearing date. 21 VII. 22 Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 23 than November 9, 2018, and heard on or before December 7, 2018. The Court hears non-dispositive 24 motions at 9:00 a.m. at the United States District Courthouse in Bakersfield, California. 25 No motion to amend or stipulation to amend the case schedule will be entertained unless it 26 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 27 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 28 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 3 1 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 2 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the 3 obligation of the moving party to arrange and originate the conference call to the court. To schedule 4 this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at 5 (661) 326-6620 or via email at Counsel must comply with Local Rule 251 6 with respect to discovery disputes or the motion will be denied without prejudice and dropped 7 from the Court’s calendar. 8 9 The motion to certify the collective action shall be filed no later than December 17, 2018, and heard no later than January 28, 2019, before the Honorable Jennifer L. Thurston, United States 10 Magistrate Judge, at the United States District Courthouse in Bakersfield, California. Likewise, all 11 dispositive pre-trial motions shall be filed no later than December 17, 2018, and heard no later than 12 January 28, 2019, before the Honorable Jennifer L. Thurston, United States Magistrate Judge, at the 13 United States District Courthouse in Bakersfield, California. In scheduling such motions, counsel shall 14 comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260. 15 VIII. Motions for Summary Judgment or Summary Adjudication 16 At least 21 days before filing a motion for summary judgment or motion for summary 17 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 18 to be raised in the motion. 19 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 20 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 21 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 22 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 23 expense of briefing a motion; and 6) to develop a joint statement of undisputed facts. 24 The moving party SHALL initiate the meeting and SHALL provide a complete, proposed 25 statement of undisputed facts at least five days before the conference. The finalized joint statement of 26 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 27 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 28 statement of undisputed facts. 4 In the notice of motion the moving party SHALL certify that the parties have met and conferred 1 2 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to 3 comply may result in the motion being stricken. 4 IX. March 11, 2019, at 10:00 a.m., located at the United States District Courthouse in Bakersfield, 5 6 Pre-Trial Conference California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge. The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). 7 8 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 9 directly to Judge Thurston's chambers, by email at Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 10 11 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 12 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 13 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 14 Court to explain the nature of the case to the jury during voir dire. 15 X. May 13, 2019, at 8:30 a.m. at the United States District Courthouse in Bakersfield, California, 16 17 Trial Date before the Honorable Jennifer L. Thurston, United States Magistrate Judge. 18 A. This is a jury trial. 19 B. Counsels' Estimate of Trial Time: 20-30 days. 20 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 21 California, Rule 285. 22 XI. Settlement Conference 23 If the parties desire a conference with the Court, they may file a joint written request for a 24 settlement conference. Alternatively, the parties may file a joint written request for referral to the 25 Court’s Voluntary Dispute Resolution Program. 26 XII. 27 Trial 28 Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten Not applicable at this time. 5 1 XIII. Related Matters Pending This action is related to Wonderly v. County of Kern, Case No. 1:16-cv-1621-JLT. 2 3 XIV. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 4 5 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 6 amendments thereto. The Court must insist upon compliance with these Rules to efficiently handle its 7 increasing case load, and sanctions will be imposed for failure to follow both the Federal Rules of Civil 8 Procedure and the Local Rules of Practice for the Eastern District of California. 9 XV. 10 Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda most 11 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 12 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 13 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 14 subsequent status conference. 15 The dates set in this Order are considered to be firm and will not be modified absent a 16 showing of good cause even if the request to modify is made by stipulation. Stipulations 17 extending the deadlines contained herein will not be considered unless they are accompanied by 18 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 19 for granting the relief requested. 20 Failure to comply with this order may result in the imposition of sanctions. 21 22 23 24 IT IS SO ORDERED. Dated: August 23, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 25 26 27 28 6

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