Fox v. Dollar General Corporation

Filing 6

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 7/5/2017. Consent/Decline due within 10 days. Attorney Admission 7/21/2017. Pleading Amendment Deadline 10/2/2017. Discovery Deadlines: Initial Disclosures 7/14/2017; Non-Expert 4/ 2/2018; Expert 4/12/2018. Mid-Discovery Status Conference set for 1/10/2018 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 4/26/2018; Hearing by 5/24/2018. Disp ositive Motion Deadlines: Filed by 5/31/2018; Hearing by 7/12/2018. Settlement Conference set for 1/12/2018 at 01:30 PM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 9/6/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. Jury Trial set for 11/2/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Hall, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

SONYA FOX,
Plaintiff,

11
12

v.

13

DOLLAR GENERAL CORPORATION,

14

Defendant.

15

)
)
)
)
)
)
)
)
)
)

1: 17-CV-00495 - LJO - JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 10/2/2017
Discovery Deadlines:
Initial Disclosures: 7/14/2017
Non-Expert: 4/2/2018
Expert: 4/12/2018
Mid-Discovery Status Conference:
1/10/2018 at 9:00 a.m.

16
17

Non-Dispositive Motion Deadlines:
Filing: 4/26/2018
Hearing: 5/24/2018

18
19

Dispositive Motion Deadlines:
Filing: 5/31/2018
Hearing: 7/12/2018

20
21
22

Settlement Conference: 1/12/2018, 1:30 p.m.
510 19th Street, Bakersfield, CA

23
24

Pre-Trial Conference:
9/6/2018 at 8:30 a.m.
Courtroom 4

25
26

Trial:

27
28
1

11/2/2018 at 8:30 a.m.
Courtroom 4
Jury trial: 7 days

1

I.

July 5, 2017.

2
3

Date of Scheduling Conference

II.

Appearances of Counsel
Johnna Hansen appeared on behalf of Plaintiff. The Court’s records do not indicate that Ms.

4
5

Hansen is a member of this Court and there is no association of counsel on file. She SHALL provide

6

proof of membership in this Court or apply for membership and the plaintiff SHALL file an association

7

of her as counsel of record in this case, no later than July 21, 2017.

8

Christopher Gaddini appeared on behalf of Defendant.

9

III.

Magistrate Judge Consent:

10

Notice of Congested Docket and Court Policy of Trailing

11

Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of

12

the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set

13

before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older

14

civil case set on the same date until a courtroom becomes available. The trial date will not be reset to a

15

continued date.

16

The Magistrate Judges’ availability is far more realistic and accommodating to parties than that

17

of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize

18

criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge

19

may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of

20

Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States

21

Magistrate Judge is taken directly to the United States Court of Appeal for the Ninth Circuit.

22

The Fresno Division of the Eastern District of California, whenever possible, is utilizing United

23

States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the

24

Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance

25

notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern

26

District of California.

27
28

Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to
conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel
2

1

SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating

2

whether they will consent to the jurisdiction of the Magistrate Judge.

3

IV.

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

4
5

motion to amend, no later than October 2, 2017.

6

V.

7

Discovery Plan and Cut-Off Date
The Court GRANTS in PART and DENIES in PART the request to amend the discovery

8

limits. Unless there is agreement of counsel, depositions of parties SHALL NOT exceed the limits set

9

forth in Fed. R. Civ. P. 30(d)(1). Depositions of non-parties SHALL NOT exceed the limits set forth in

10

Fed. R. Civ. P. 30(d)(1) unless authorized in advance by the Court. Each side may propound 35 special

11

interrogatories; each discreet subpart, unrelated to the same topic, is counted as one interrogatory.

12
13
14
15
16

The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1)
on or before July 14, 2017.
The parties are ordered to complete all discovery pertaining to non-experts on or before April 2,
2018, and all discovery pertaining to experts on or before April 12, 2018.
The parties are directed to disclose all expert witnesses1, in writing, on or before February 15,

17

2018, and to disclose all rebuttal experts on or before March 15, 2018. The written designation of

18

retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B),

19

and (C) and shall include all information required thereunder. Failure to designate experts in

20

compliance with this order may result in the Court excluding the testimony or other evidence offered

21

through such experts that are not disclosed pursuant to this order.

22

The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts

23

and their opinions. Experts must be fully prepared to be examined on all subjects and opinions

24

included in the designation. Failure to comply will result in the imposition of sanctions, which may

25

include striking the expert designation and preclusion of expert testimony.

26

The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement

27
28

1

In the event an expert will offer opinions related to an independent medical or mental health evaluation, the
examination SHALL occur sufficiently in advance of the disclosure deadline so the expert’s report fully details the expert’s
opinions in this regard.

3

1

disclosures and responses to discovery requests will be strictly enforced.
A mid-discovery status conference is scheduled for January 10, 2018 at 9:00 a.m. before the

2
3

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

4

California. Counsel SHALL file a joint mid-discovery status conference report one week before the

5

conference. Counsel also SHALL lodge the status report via e-mail to [e-mail].

6

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

7

completed as well as any impediments to completing the discovery within the deadlines set forth in this

8

order. Counsel may appear via teleconference by dialing [phone] and entering Access Code

9

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

10

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

11

VI.

12

Pre-Trial Motion Schedule
All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later

13

than April 26, 2018, and heard on or before May 24, 2018. Non-dispositive motions are heard before

14

the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States Courthouse in

15

Bakersfield, California.

16

No motion to amend or stipulation to amend the case schedule will be entertained unless it

17

is filed at least one week before the first deadline the parties wish to extend. Likewise, no written

18

discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party

19

with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by

20

agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly

21

shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the

22

obligation of the moving party to arrange and originate the conference call to the court. To schedule

23

this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at

24

[phone] or via email at [e-mail]. Counsel must comply with Local Rule 251

25

with respect to discovery disputes or the motion will be denied without prejudice and dropped

26

from the Court’s calendar.

27
28

Counsel may appear and argue non-dispositive motions via teleconference by dialing (888) 5578511 and entering Access Code 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk
4

1

receives a written notice of the intent to appear telephonically no later than five court days before the

2

noticed hearing date.
All dispositive pre-trial motions shall be filed no later than May 31, 2018 and heard no later

3
4

than July 12, 2018, in Courtroom 4 at 8:30 a.m. before the Honorable Lawrence J. O'Neill, United

5

States District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56

6

and Local Rules 230 and 260.

7

VII.

Motions for Summary Judgment or Summary Adjudication

8

At least 21 days before filing a motion for summary judgment or motion for summary

9

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

10

to be raised in the motion.

11

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

12

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

13

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

14

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

15

expense of briefing a motion; and 6) to develop a joint statement of undisputed facts.

16

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

17

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

18

undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be

19

deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint

20

statement of undisputed facts.

21

In the notice of motion the moving party SHALL certify that the parties have met and conferred

22

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

23

comply may result in the motion being stricken.

24

VIII. Pre-Trial Conference Date

25

September 6, 2018 at 8:30 a.m. in Courtroom 4 before Judge O'Neill.

26

The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2).

27

The parties are further directed to submit a digital copy of their pretrial statement in Word format,

28

directly to Judge O'Neill's chambers, by email at [e-mail].
5

Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the

1
2

Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference.

3

The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the

4

Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the

5

Court to explain the nature of the case to the jury during voir dire.

6

IX.

November 2, 2018 at 8:30 a.m. in Courtroom 4 before the Honorable Lawrence J. O'Neill,

7
8

Trial Date

United States District Court Judge.

9

A.

This is a jury trial.

10

B.

Counsels' Estimate of Trial Time: 7 days.

11

C.

Counsels' attention is directed to Local Rules of Practice for the Eastern District of

12

California, Rule 285.

13

X.

14

Settlement Conference
A Settlement Conference is scheduled at 1:30 p.m. on January 12, 2018 at 510 19th Street,

15

Bakersfield, California. Notwithstanding the provisions of Local Rule 270(b), the settlement

16

conference will be conducted by Magistrate Judge Thurston. The Court deems the deviation from the

17

Local Rule to be appropriate and in the interests of the parties and justice and sound case management

18

based upon the location of the parties. If any party prefers that the settlement conference is

19

conducted by a judicial officer not already assigned to this case, that party is directed to notify

20

the Court at least 60 days in advance of the scheduled settlement conference to allow sufficient

21

time for another judicial officer to be assigned to handle the conference.

22

Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall

23

appear at the Settlement Conference with the parties and the person or persons having full authority

24

to negotiate and settle the case on any terms2 at the conference. Consideration of settlement is a

25

serious matter that requires preparation prior to the settlement conference. Set forth below are the

26
2

27
28

Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements are
subject to approval by legislative bodies, executive committees, boards of directors or the like shall be represented by a
person or persons who occupy high executive positions in the party organization and who will be directly involved in the
process of approval of any settlement offers or agreements. To the extent possible the representative shall have the
authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent
demand.

6

1
2

procedures the Court will employ, absent good cause, in conducting the conference.
At least 21 days before the settlement conference, Plaintiff SHALL submit to Defendant via

3

fax or e-mail, a written itemization of damages and a meaningful3 settlement demand, which includes a

4

brief explanation of why such a settlement is appropriate. No later than 14 days before the settlement

5

conference, Defendant SHALL respond, via fax or e-mail, with an acceptance of the offer or with a

6

meaningful counteroffer and which includes a brief explanation of why such a settlement is appropriate.

7

If settlement is not achieved, each party SHALL attach copies of their settlement offers to their

8

Confidential Settlement Conference Statement, as described below. Copies of these documents shall

9

not be filed on the court docket.
CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT

10
11

At least five court days prior to the Settlement Conference, the parties shall submit, directly to

12

Judge Thurston's chambers by e-mail to [e-mail], a Confidential Settlement

13

Conference Statement. The statement should not be filed with the Clerk of the Court nor served on

14

any other party, although the parties may file a Notice of Lodging of Settlement Conference

15

Statement. Each statement shall be clearly marked "confidential" with the date and time of the

16

Settlement Conference indicated prominently thereon.

17

The Confidential Settlement Conference Statement shall include the following:

18

A.

A brief statement of the facts of the case.

19

B.

A brief statement of the claims and defenses, i.e., statutory or other grounds upon which

20

the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on

21

the claims and defenses; and a description of the major issues in dispute.

22

C.

A summary of the proceedings to date.

23

D.

An estimate of the cost and time to be expended for further discovery, pretrial and trial.

24

E.

The relief sought.

25

F.

The party's position on settlement, including present demands and offers and a history of

26
27
28

3

“Meaningful” means that the offer is reasonably calculated to settle the case on terms acceptable to the offering
party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party. If,
however, the offering party is only willing to offer a settlement which it knows the other party will not accept, this should
trigger a recognition the case is not in a settlement posture and the parties should confer about continuing or vacating the
settlement conference via stipulation.

7

past settlement discussions, offers and demands.

1
2

XI.

Request for Bifurcation, Appointment of Special Master, or other

3

Techniques to Shorten Trial

4

Not applicable at this time.

5

XII.

There are no pending related matters.

6
7

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

8
9

Related Matters Pending

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

10

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

11

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

12

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

13

California.

14

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

15
16

suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the

17

parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered

18

to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by

19

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

20
21

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

22

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

23

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

24

for granting the relief requested.

25

///

26

///

27

///

28

///
8

1

Failure to comply with this order may result in the imposition of sanctions.

2
3
4
5

IT IS SO ORDERED.
Dated:

July 5, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9