Gonzales v. Jhaj and Jhaj, Inc. et al

Filing 18

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 7/10/2017. Pleading Amendment Deadline 10/9/2017. Discovery Deadlines: Initial Disclosures 7/17/2017; Non-Expert 7/27/2018; Expert 8/20/2018. Mid-Discovery Status Conference set f or 2/9/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 8/31/2018; Hearing by 9/28/2018. Dispositive Motion Deadlines: Filed by 10/12/2018; Hearing by 11/16/ 2018. Pretrial Conference set for 1/7/2019 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 2/25/2019 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 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SUZANNE GONZALES, 12 13 14 15 16 Plaintiff, v. JHAJ AND JHAJ, INC., et al. Defendants. ) ) ) ) ) ) ) ) ) 17 Case No.: 1:17-CV-0530- JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 10/9/2017 Discovery Deadlines: Initial Disclosures: 7/17/2017 Non-Expert: 7/27/2018 Expert: 8/20/2018 Mid-Discovery Status Conference: 2/9/2018 at 8:30 a.m. 18 Non-Dispositive Motion Deadlines: Filing: 8/31/2018 Hearing: 9/28/2018 19 20 21 Dispositive Motion Deadlines: Filing: 10/12/2018 Hearing: 11/16/2018 22 23 Pre-Trial Conference: 1/7/2019 at 10:00 a.m. 510 19th Street, Bakersfield, CA 24 25 Trial: 2/25/2019 at 8:30 a.m. 510 19th Street, Bakersfield, CA Jury trial: 2-3 days 26 27 28 1 1 I. July 20, 2017. 2 3 Date of Scheduling Conference II. Appearances of Counsel 4 Raymond Ballister appeared on behalf of Plaintiff. 5 Cris Vaughan 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 9, 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. 13 14 15 Discovery Plan and Cut-Off Date The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) on or before July 17, 2017. All discovery except for initial disclosures, the site inspection (including providing the expert’s 16 report from the site inspection) and defendant providing information about the corrections of barriers 17 already completed, is STAYED until September 8, 2017. During this period, the site inspection will 18 occur and counsel will engage in discussions to determine whether the matter can be resolved. 19 20 The parties are ordered to complete all discovery pertaining to non-experts on or before July 27, 2018, and all discovery pertaining to experts on or before August 20, 2018. 21 The parties are directed to disclose all expert witnesses, in writing, on or July 6, 2018, and to 22 disclose all rebuttal experts on or before July 25, 2018. The written designation of retained and non- 23 retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) and shall 24 include all information required thereunder. Failure to designate experts in compliance with this 25 order may result in the Court excluding the testimony or other evidence offered through such experts 26 that are not disclosed pursuant to this order. 27 28 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 2 1 included in the designation. Failure to comply will result in the imposition of sanctions, which may 2 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 3 4 disclosures and responses to discovery requests will be strictly enforced. A mid-discovery status conference is scheduled for February 9, 2018 at 8:30 a.m. before the 5 6 Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, 7 California. Counsel SHALL file a joint mid-discovery status conference report one week before the 8 conference. Counsel also SHALL lodge the status report via e-mail to JLTorders@caed.uscourts.gov. 9 The joint statement SHALL outline the discovery counsel have completed and that which needs to be 10 completed as well as any impediments to completing the discovery within the deadlines set forth in this 11 order. Counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 12 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written notice of the 13 intent to appear telephonically no later than five court days before the noticed hearing date. 14 VI. 15 Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 16 than August 31, 2018, and heard on or before September 28, 2018. The Court hears non-dispositive 17 motions at 9:00 a.m. at the United States District Courthouse in Bakersfield, California. 18 No motion to amend or stipulation to amend the case schedule will be entertained unless it 19 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 20 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 21 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 22 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 23 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the 24 obligation of the moving party to arrange and originate the conference call to the court. To schedule 25 this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at 26 (661) 326-6620 or via email at SHall@caed.uscourts.gov. Counsel must comply with Local Rule 251 27 with respect to discovery disputes or the motion will be denied without prejudice and dropped 28 from the Court’s calendar. 3 All dispositive pre-trial motions shall be filed no later than October 12, 2018, and heard no 1 2 later than November 16, 2018, before the Honorable Jennifer L. Thurston, United States Magistrate 3 Judge, at the United States District Courthouse in Bakersfield, California. In scheduling such motions, 4 counsel shall comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260. 5 VII. Motions for Summary Judgment or Summary Adjudication 6 At least 21 days before filing a motion for summary judgment or motion for summary 7 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 8 to be raised in the motion. 9 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 10 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 11 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 12 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 13 expense of briefing a motion; and 6) to develop a joint statement of undisputed facts. 14 The moving party SHALL initiate the meeting and SHALL provide a complete, proposed 15 statement of undisputed facts at least five days before the conference. The finalized joint statement of 16 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 17 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 18 statement of undisputed facts. 19 In the notice of motion the moving party SHALL certify that the parties have met and conferred 20 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to 21 comply may result in the motion being stricken. 22 VIII. Pre-Trial Conference 23 24 25 January 7, 2019, at 10:00 a.m., located at the United States District Courthouse in Bakersfield, 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). 26 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 27 directly to Judge Thurston's chambers, by email at JLTorders@caed.uscourts.gov. 28 Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 4 1 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 2 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 3 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 4 Court to explain the nature of the case to the jury during voir dire. 5 IX. February 25, 2019, at 8:30 a.m. at the United States District Courthouse in Bakersfield, 6 7 Trial Date California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge. 8 A. This is a jury trial. 9 B. Counsels' Estimate of Trial Time: 2-3 days. 10 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 11 California, Rule 285. 12 X. Settlement Conference 13 If the parties desire a conference with the Court, they may file a joint written request for a 14 settlement conference. Alternatively, the parties may file a joint written request for referral to the 15 Court’s Voluntary Dispute Resolution Program. 16 XI. 17 Trial Not applicable at this time. 18 19 20 21 22 Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten XII. Related Matters Pending There are no pending related matters. XIII. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 23 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 24 amendments thereto. The Court must insist upon compliance with these Rules to efficiently handle its 25 increasing case load, and sanctions will be imposed for failure to follow both the Federal Rules of Civil 26 Procedure and the Local Rules of Practice for the Eastern District of California. 27 XIV. Effect of this Order 28 The foregoing order represents the best estimate of the court and counsel as to the agenda most 5 1 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 2 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 3 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 4 subsequent status conference. 5 The dates set in this Order are considered to be firm and will not be modified absent a 6 showing of good cause even if the request to modify is made by stipulation. Stipulations 7 extending the deadlines contained herein will not be considered unless they are accompanied by 8 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 9 for granting the relief requested. 10 Failure to comply with this order may result in the imposition of sanctions. 11 12 13 14 IT IS SO ORDERED. Dated: July 10, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

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