Salgado v. T-Mobile USA, Inc

Filing 23

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 8/28/2017. Pleading Amendment Deadline: 12/29/2017. Discovery Deadlines: Initial Disclosures 9/25/2017; Non-Expert/Expert (Plaintiff)(Class Issues) 1/28/2019; Non-Expert/Expert ( Defendant)(Class Issues) 12/17/2018. Mid-Discovery Status Conference set for 6/11/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Class Certification Motion Deadlines: Filed by 10/29/2018; Opposition by 12/17/2018; Reply by 1/28/2019; Hearing set for 2/25/2019 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EMMANUEL SALGADO, on behalf of
himself and all other similarly situated,

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Plaintiffs,
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v.
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T-MOBILE USA, INC.,
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Defendant.
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Case No.: 1:17-cv-00339-JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 12/29/2017
Discovery Deadlines:
Initial Disclosures: 9/25/2017
Non-Expert/Expert (Plaintiff) (Class Issues):
1/28/2019
Non-Expert/Expert (Defendant)
(Class Issues): 12/17/2018
Mid-Discovery Status Conference:
6/11/2018 at 8:30 a.m.

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Class Certification Motion Deadlines:
Filing: 10/29/2018
Opposition: 12/17/2018
Reply brief: 1/28/2019
Hearing: 2/25/2019 at 9:00 a.m.

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I.

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Date of Scheduling Conference
August 28, 2017.

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Appearances of Counsel

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Gregg Lander appeared on behalf of Plaintiff.

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Gregory Iskander appeared on behalf of Defendant.
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III.

Pleading Amendment Deadline
Any requested pleading amendments are ordered to be filed, either through a stipulation or

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motion to amend, no later than December 29, 2017.

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IV.

The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1)

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Discovery Plan and Cut-Off Date

on or before September 25, 2017.
Discovery is now open for discovery related to jurisdictional issues under CAFA and all non-

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expert discovery pertaining to the class certification motion. Plaintiff will complete all discovery need

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to file the motion for class certification no later than August 10, 2018. The defendant may also

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conduct discovery related to the contents of the class certification motion after it is filed and until the

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opposition is due on December 17, 2018, and the plaintiff may conduct discovery in response to the

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content of the opposition after it is filed and until the reply is filed on January 28, 2019.
A mid-discovery status conference is scheduled for June 11, 2018, at 8:30 a.m. before the

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Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield,

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California. Counsel SHALL file a Joint Mid-Discovery Status Conference Report one week prior to

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the conference, and shall also lodge it via e-mailed, in Word format, to [e-mail].

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The joint statement SHALL outline the discovery completed, that which needs to be completed, and

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any impediments to completing the discovery within the deadlines set forth in this order.
Counsel may appear via teleconference by dialing [phone] and entering Access Code

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1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written notice of the

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intent to appear telephonically no later than five court days before the noticed hearing date.

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V.

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Pre-Trial Motion Schedule
No written discovery motions shall be filed without the prior approval of the assigned

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Magistrate Judge. A party with a discovery dispute must first confer with the opposing party in a good

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faith effort to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the

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moving party promptly shall seek a telephonic hearing with all involved parties and the Magistrate

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Judge. It shall be the obligation of the moving party to arrange and originate the conference call to the

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court. To schedule this telephonic hearing, the parties are ordered to contact Courtroom Deputy Clerk,
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Susan Hall at [phone] or via email at [e-mail]. Counsel must comply with

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Local Rule 251 with respect to discovery disputes or the motion will be denied without prejudice

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and dropped from calendar.
In scheduling such motions, the Magistrate Judge may grant applications for an order shortening

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time pursuant to Local Rule 144(e). However, if counsel does not obtain an order shortening time, the

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notice of motion must comply with Local Rule 251. Counsel may appear and argue non-dispositive

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motions via CourtCall.

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VI.

Motions for Summary Judgment or Summary Adjudication
At least 21 days before filing any motion for summary judgment or motion for summary

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adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues

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to be raised in the motion.

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The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a

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question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole

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or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the

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issues for review by the court; 5) explore the possibility of settlement before the parties incur the

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expense of briefing a summary judgment motion; 6) to arrive at a joint statement of undisputed facts.

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The moving party shall initiate the meeting and SHALL provide a complete, proposed statement

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of undisputed facts at least five days before the conference. The finalized joint statement of undisputed

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facts SHALL include all facts that the parties agree, for purposes of the motion, may be deemed true.

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In addition to the requirements of Local Rule 260, the moving party shall file the joint statement of

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undisputed facts.
In the notice of motion the moving party shall certify that the parties have met and conferred as

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ordered above, or set forth a statement of good cause for the failure to meet and confer.

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VII.

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Motion for class certification
The motion for class certification SHALL be filed no later than October 29, 2018. Opposition

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to the motion SHALL be filed no later than December 17, 2018. Neither the motion nor the

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opposition SHALL exceed 30 pages, exclusive of evidence and evidentiary objections, unless leave is

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granted by the Court before the filing. Any reply SHALL be filed no later than January 28, 2019, and
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shall not exceed 15 pages, exclusive of evidentiary objections. Any objections to the evidence SHALL

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be filed at the same time as the opposition (for Defendant) and the reply (for Plaintiff).1 A hard-copy,

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courtesy copy of all filings related to the class motion SHALL be sent via overnight mail to the

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Chambers of Judge Thurston at the United States Courthouse, 510 19th Street Suite 200, Bakersfield,

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CA 93301, at the same time the filing is submitted. All of the pages of evidence in the hard copy

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SHALL be numbered, tabbed and indexed.
The hearing on the motion for class certification is set on February 25, 2019, at 9:00 a.m.

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VIII. Settlement Conference
If the parties believe the matter is in a settlement posture, the parties may submit a joint written

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request for a settlement conference, at which time a conference will be set with the Court.

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IX.

Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure

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and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any

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amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently

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handle its increasing case load, and sanctions will be imposed for failure to follow the Rules as

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provided in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern

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District of California.

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X.

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Effect of this Order
The foregoing order represents the best estimate of the court and counsel as to the agenda most

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suitable to dispose of this case. If the parties determine at any time that the schedule outlined in this

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order cannot be met, counsel are ordered to notify the court immediately of that fact so that adjustments

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may be made, either by stipulation or by subsequent status conference.

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The dates set in this Order are considered to be firm and will not be modified absent a

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showing of good cause even if the request to modify is made by stipulation. Stipulations

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extending the deadlines contained herein will not be considered unless they are accompanied by

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affidavits or declarations, and where appropriate attached exhibits, which establish good cause

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No motions to strike evidence will be entertained. If the Court sustains an objection to a piece of evidence, the
evidence will not be considered.

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for granting the relief requested.
Failure to comply with this order may result in the imposition of sanctions.

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IT IS SO ORDERED.
Dated:

August 28, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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