Ruiz v. Wal-Mart Stores, Inc., et al.

Filing 10

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 8/16/2017. Consent/Decline due by 8/27/2017. Pleading Amendment Deadline 2/27/2018. Discovery Deadlines: Initial Disclosures 8/31/2017; Non-Expert 5/31/2018; Expert 8/18/2018. M id-Discovery Status Conference set for 1/10/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 8/24/2018; Hearing by 9/21/2018. Dispositive Motion Deadlines: Fi led by 10/2/2018; Hearing by 11/20/2018. Settlement Conference set for 1/11/2019 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 1/28/2019 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial set for 3/26/2019 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 KARINA RUIZ, Plaintiff, 11 12 13 14 15 v. WAL-MART STORES, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) 1: 17-CV-00812 - DAD - JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 2/27/2018 Discovery Deadlines: Initial Disclosures: 8/31/2017 Non-Expert: 5/31/2018 Expert: 8/18/2018 Mid-Discovery Status Conference: 1/10/2018 at 8:30 a.m. 16 17 Non-Dispositive Motion Deadlines: Filing: 8/24/2018 Hearing: 9/21/2018 18 19 Dispositive Motion Deadlines: Filing: 10/2/2018 Hearing: 11/20/2018 20 21 22 Settlement Conference: 1/11/2019 at 9:30 a.m. 510 19th Street, Bakersfield, CA 23 24 26 Pre-Trial Conference: 1/28/2019 at 1:30 p.m. Courtroom 5 27 Trial: 25 28 1 3/26/2019 at 8:30 a.m. Courtroom 5 Jury trial: 10 days 1 I. August 16, 2018. 2 3 Date of Scheduling Conference II. Appearances of Counsel 4 Michael Morrison appeared on behalf of Plaintiff. 5 Shanda Lowe appeared on behalf of Defendants. 6 III. Magistrate Judge Consent: 7 Notice of Congested Docket and Court Policy of Trailing 8 Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of 9 the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set 10 before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older 11 civil case set on the same date until a courtroom becomes available. The trial date will not be reset to a 12 continued date. The Magistrate Judges’ availability is far more realistic and accommodating to parties than that 13 14 of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize 15 criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge 16 may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of 17 Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States 18 Magistrate Judge is taken directly to the United States Court of Appeal for the Ninth Circuit. The Fresno Division of the Eastern District of California, whenever possible, is utilizing United 19 20 States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the 21 Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance 22 notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern 23 District of California. Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to 24 25 conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel 26 SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating 27 whether they will consent to the jurisdiction of the Magistrate Judge. 28 /// 2 1 IV. Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 2 3 motion to amend, no later than February 27, 2018. Any motion to amend the pleadings shall be heard 4 by the Honorable Dale A. Drozd, United States District Court Judge. 5 V. 6 7 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 August 31, 2017. 8 The parties agree that discovery should be limited to the period of time that plaintiff was 9 employed with the defendant except that “me too” evidence may be sought from up to five years before 10 that time. (Doc. 8 at 8) The parties disagree, so some extent, as to the type of “me too” evidence that 11 may be sought. Counsel SHALL meet and confer to attempt to resolve any discovery disputes on this 12 topic or any other as set forth below. In addition, the parties agree that discovery related to the 13 plaintiff’s damages and her mitigation efforts should not be limited in terms of time. Id. 14 Counsel SHALL meet and confer to develop a stipulated protective order (Doc. 8 at 9) that may 15 be presented for the Court’s consideration. They are advised that their failure timely do so will not be 16 grounds for refusing to respond substantively to discovery requests. 17 18 19 The parties are ordered to complete all discovery pertaining to non-experts on or before May 31, 2018 and all discovery pertaining to experts on or before August 18, 2018. The parties are directed to disclose all expert witnesses1, in writing, on or before June 15, 2018, 20 and to disclose all rebuttal experts on or before July 13, 2018. The written designation of retained and 21 non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) and 22 shall include all information required thereunder. Failure to designate experts in compliance with 23 this order may result in the Court excluding the testimony or other evidence offered through such 24 experts that are not disclosed pursuant to this order. 25 26 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 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 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 January 10, 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 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 (to 13 of the intent to appear telephonically no later than five court days before 14 the noticed hearing date. 15 VI. Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 16 17 than August 24, 2018, and heard on or before September 21, 2018. Discovery motions are heard 18 before the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States 19 Courthouse in Bakersfield, California. For these hearings, counsel may appear via teleconference by 20 dialing (888) 557-8511 and entering Access Code 1652736, provided the Magistrate Judge's Courtroom 21 Deputy Clerk receives a written notice of the intent to appear telephonically no later than five court 22 days before the noticed hearing date. All other non-dispositive hearings SHALL be set before Judge 23 Drozd. 24 No motion to amend or stipulation to amend the case schedule will be entertained unless it 25 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 26 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 27 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 28 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 4 1 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the 2 obligation of the moving party to arrange and originate the conference call to the court. To schedule 3 this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at 4 (661) 326-6620 or via email at Counsel must comply with Local Rule 251 5 with respect to discovery disputes or the motion will be denied without prejudice and dropped 6 from the Court’s calendar. All dispositive pre-trial motions shall be filed no later than October 2, 2018, and heard no later 7 8 than November 20, 2018, in Courtroom 5 before the Honorable Dale A. Drozd, United States District 9 Court Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 and Local 10 Rules 230 and 260. 11 VII. Motions for Summary Judgment or Summary Adjudication 12 At least 21 days before filing a motion for summary judgment or motion for summary 13 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 14 to be raised in the motion. 15 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 16 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 17 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 18 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 19 expense of briefing a motion; and 6) to develop a joint statement of undisputed facts. The moving party SHALL initiate the meeting and SHALL provide a complete, proposed 20 21 statement of undisputed facts at least five days before the conference. The finalized joint statement of 22 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 23 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 24 statement of undisputed facts. In the notice of motion the moving party SHALL certify that the parties have met and conferred 25 26 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to 27 comply may result in the motion being stricken. 28 /// 5 1 VIII. Pre-Trial Conference Date 2 January 28, 2019, at 1:30 p.m. in Courtroom 5 before Judge Drozd. 3 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). 4 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 5 directly to Judge Drozd's chambers, by email at Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 6 7 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 8 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 9 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 10 Court to explain the nature of the case to the jury during voir dire. 11 IX. March 26, 2019, at 8:30 a.m. in Courtroom 5 before the Honorable Dale A. Drozd, United 12 13 Trial Date States District Court Judge. 14 A. This is a jury trial. 15 B. Counsels' Estimate of Trial Time: 10 days. 16 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 17 California, Rule 285. 18 X. 19 Settlement Conference A settlement conference is scheduled January 11, 2019 at 9:30 a.m., located at 510 19th Street, 20 Bakersfield, California. Notwithstanding the provisions of Local Rule 270(b), the settlement 21 conference will be conducted by Magistrate Judge Thurston. The Court deems the deviation from the 22 Local Rule to be appropriate and in the interests of the parties and the interests of justice and sound 23 case management based upon the location of the parties. If any party prefers that the settlement 24 conference be conducted by a judicial officer not already assigned to this case, that party is 25 directed to notify the Court at least 60 days in advance of the scheduled settlement conference to 26 allow sufficient time for another judicial officer to be assigned to handle the conference. 27 28 Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall appear at the settlement conference with the parties and the person or persons having full authority 6 1 to negotiate and settle the case on any terms2 at the conference. Consideration of settlement is a 2 serious matter that requires preparation prior to the settlement conference. Set forth below are the 3 procedures the Court will employ, absent good cause, in conducting the conference. 4 At least 21 days before the settlement conference, Plaintiff SHALL submit to Defendant via 5 fax or e-mail, a written itemization of damages and a meaningful3 settlement demand which includes a 6 brief explanation of why such a settlement is appropriate. Thereafter, no later than 14 days before the 7 settlement conference, Defendant SHALL respond via fax or e-mail, with an acceptance of the offer or 8 with a meaningful counteroffer, which includes a brief explanation of why such a settlement is 9 appropriate. 10 If settlement is not achieved, each party SHALL attach copies of their settlement offers to their 11 Confidential Settlement Conference Statement, as described below. Copies of these documents shall 12 not be filed on the court docket. CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 13 14 At least five court days before the settlement conference, the parties shall submit, directly to 15 Judge Thurston's chambers by e-mail to, a Confidential Settlement 16 Conference Statement. The statement should not be filed with the Clerk of the Court nor served on 17 any other party, although the parties may file a Notice of Lodging of Settlement Conference 18 Statement. Each statement shall be clearly marked "confidential" with the date and time of the 19 settlement conference indicated prominently thereon. 20 The Confidential Settlement Conference Statement shall include the following: 21 A. A brief statement of the facts of the case. 22 B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which 23 the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on 24 25 26 27 28 2 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. 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 the settlement conference via stipulation. 7 the claims and defenses; and a description of the major issues in dispute. 1 2 C. A summary of the proceedings to date. 3 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 4 E. The relief sought. 5 F. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands. 6 7 XI. Request for Bifurcation, Appointment of Special Master, or other 8 Techniques to Shorten Trial 9 The defendant will seek to bifurcate the issue of whether the plaintiff is an “aggrieved 10 employee” from the issue of the rest of the merits of the PAGA claim. The plaintiff opposes this 11 position. The defendant may raise the issue of bifurcation via a pretrial motion set before Judge Drozd. 12 XII. 13 14 15 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 16 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 17 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 18 handle its increasing case load and sanctions will be imposed for failure to follow the Rules as provided 19 in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of 20 California. 21 XIV. Effect of this Order 22 The foregoing order represents the best estimate of the court and counsel as to the agenda most 23 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 24 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 25 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 26 subsequent status conference. 27 28 The dates set in this Order are considered to be firm and will not be modified absent a showing of good cause even if the request to modify is made by stipulation. Stipulations 8 1 extending the deadlines contained herein will not be considered unless they are accompanied by 2 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 3 for granting the relief requested. 4 Failure to comply with this order may result in the imposition of sanctions. 5 6 7 8 IT IS SO ORDERED. Dated: August 16, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9

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