Jefferson et al v. MEC Development, LLC

Filing 17

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 1/12/2018. Pleading Amendment Deadline 4/30/2018. Class Discovery Deadlines: Initial Disclosures 1/22/2018; Non-Expert 11/30/2018; Expert 11/30/2018. Mid-Discovery Status Conferen ce set for 6/4/2018 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Class Certification Motion Deadlines: Filed by 8/10/2018; Opposition by 10/12/2018; Reply by 11/30/2018; Hearing set for 1/7/2019 at 09:30 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 10 11 12 13 14 15 16 EASTERN DISTRICT OF CALIFORNIA ANTONIO JEFFERSON, WAYNE LEWIS, ) and GREGORY BROWN, individually and on ) behalf of all others similarly situated, ) ) Plaintiffs, ) v. ) ) MEC DEVELOPMENT, LLC, ) ) Defendant. ) ) 17 18 1: 17-CV-1394 - AWI - JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 4/30/2018 Class Discovery Deadlines: Initial Disclosures: 1/22/2018 Non-Expert: 11/30/2018 Expert: 11/30/2018 Mid-Discovery Status Conference: 6/4/2018 at 9:00 a.m. Class Certification Motion Deadlines: Filing: 8/10/2018 Opposition: 10/12/2018 Reply brief: 11/30/2018 Hearing: 1/7/2019 at 9:30 a.m. 19 20 21 22 I. January 12, 2018. 23 24 Date of Scheduling Conference: II. Appearances of Counsel 25 Christopher Rowlett appeared on behalf of Plaintiff. 26 Ian Wieland, Matthew Feinberg, and Timothy Valley appeared on behalf of Defendant. 27 28 III. Information Concerning the Court’s Schedule Out of fairness, the Court believes it is necessary to forewarn litigants that the Fresno Division 1 1 of the Eastern District of California now has the heaviest District Court Judge caseload in the entire 2 nation. While the Court will use its best efforts to resolve this case and all other civil cases in a timely 3 manner, the parties are admonished that not all of the parties’ needs and expectations may be met as 4 expeditiously as desired. As multiple trials are now being set to begin upon the same date, parties may 5 find their case trailing with little notice before the trial begins. The law requires that the Court give any 6 criminal trial priority over civil trials or any other matter. The Court must proceed with a criminal trial 7 even if a civil trial was filed earlier and set for trial first. Continuances of any civil trial under these 8 circumstances will no longer be entertained, absent a specific and stated finding of good cause. All 9 parties should be informed that any civil trial set to begin during the time a criminal trial is proceeding 10 will trail the completion of the criminal trial. 11 The parties are reminded of the availability of a United States Magistrate Judge to conduct all 12 proceedings in this action. A United States Magistrate Judge is available to conduct trials, including 13 entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, and Local 14 Rule 305. The same jury pool is used by both United States Magistrate Judges and United States 15 District Court Judges. Any appeal from a judgment entered by a United States Magistrate Judge is 16 taken directly to the United States Court of Appeal for the Ninth Circuit. The parties are informed that 17 no substantive rulings or decisions will be affected by whether a party chooses to consent. 18 Finally, the Fresno Division of the Eastern District of California, whenever possible, is utilizing 19 United States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant 20 to the Local Rules, Appendix A, reassignments will be random, and the parties will receive no advance 21 notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern 22 District of California. Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to 23 24 conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel 25 SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating 26 whether they will consent to the jurisdiction of the Magistrate Judge. 27 IV. 28 Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 2 1 motion to amend, no later than April 30, 2018. 2 V. 3 4 5 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 January 22, 2018. Discovery is now open for all non-expert discovery pertaining to the class certification motion 6 and to the merits, to the extent it overlaps with the class issues. All non-expert discovery related to 7 the motion for class certification SHALL be completed later than November 30, 2018. Both sides 8 may conduct discovery as to the evidence relied upon in support of the motion and in opposition to 9 the motion for class certification. 10 All discovery pertaining to experts SHALL be completed on or before November 30, 2018. 11 The parties are directed to disclose all expert witnesses, in writing, on or before May 25, 2018, and to 12 disclose all rebuttal experts on or before June 22, 2018. The written designation of retained and non- 13 retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) and 14 shall include all information required thereunder. Failure to designate experts in compliance with 15 this order may result in the Court excluding the testimony or other evidence offered through such 16 experts that are not disclosed pursuant to this order. 17 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 18 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 19 included in the designation. Failure to comply will result in the imposition of sanctions, which may 20 include striking the expert designation and preclusion of expert testimony. 21 22 The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement disclosures and responses to discovery requests will be strictly enforced. 23 A mid-discovery status conference is scheduled for June 4, 2018 at 8:30 a.m. before the 24 Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, 25 California. Counsel SHALL file a joint mid-discovery status conference report one week before the 26 conference. Counsel also SHALL lodge the status report via e-mail to 27 The joint statement SHALL outline the discovery counsel have completed and that which needs to be 28 completed as well as any impediments to completing the discovery within the deadlines set forth in this 3 1 order. Counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 2 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written notice of the 3 intent to appear telephonically no later than five court days before the noticed hearing date. 4 VI. All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 5 6 Pre-Trial Motion Schedule than December 17, 2018, and heard on or before January 14, 2019. Non-dispositive motions are heard before the Honorable Jennifer L. Thurston, United States 7 8 Magistrate Judge, at the United States Courthouse in Bakersfield, California. No motion to amend or 9 stipulation to amend the case schedule will be entertained unless it is filed at least one week 10 before the first deadline the parties wish to extend. Likewise, no written discovery motions shall be 11 filed without the prior approval of the assigned Magistrate Judge. A party with a discovery dispute must first confer with the opposing party in a good faith effort 12 13 to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party 14 promptly shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be 15 the obligation of the moving party to arrange and originate the conference call to the court. To 16 schedule this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan 17 Hall, at (661) 326-6620 or via email at Counsel must comply with Local 18 Rule 251 with respect to discovery disputes or the motion will be denied without prejudice and 19 dropped from the Court’s calendar. Counsel may appear and argue non-dispositive motions via teleconference by dialing (888) 557- 20 21 8511 and entering Access Code 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk 22 receives a written notice of the intent to appear telephonically no later than five court days before the 23 noticed hearing date. 24 VII. 25 Motions for Summary Judgment or Summary Adjudication All dispositive pre-trial motions shall be heard by the Honorable Lawrence J. O'Neill, United 26 States District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 27 and Local Rules 230 and 260. 28 At least 21 days before filing a motion for summary judgment or motion for summary 4 1 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 2 to be raised in the motion. 3 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 4 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 5 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 6 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 7 expense of briefing a motion; and 6) to develop a joint statement of undisputed facts. 8 9 The moving party SHALL initiate the meeting and SHALL provide a complete, proposed statement of undisputed facts at least five days before the conference. The finalized joint statement of 10 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 11 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 12 statement of undisputed facts. 13 In the notice of motion the moving party SHALL certify that the parties have met and conferred 14 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to 15 comply may result in the motion being stricken. 16 VIII. Motion for Class Certification 17 The motion for class certification SHALL be filed no later than August 10, 2018. Opposition to 18 the motion SHALL be filed no later than October 12, 2018. During the interval between the filing of 19 the motion and the deadline for the opposition, the defendant may conduct discovery as to the evidence 20 relied upon by the plaintiff for the motion for class certification. 21 Neither the motion nor the opposition SHALL exceed 30 pages, exclusive of evidence and 22 evidentiary objections, unless leave is granted by the Court prior to the filing. Any reply SHALL be 23 filed no later than November 30, 2018, and shall not exceed 15 pages, exclusive of evidentiary 24 objections. During the interval between the filing of the opposition and the deadline for the reply, the 25 plaintiff may conduct discovery as to the evidence relied upon by defendant for the opposition to the 26 motion for class certification. 27 Any objections to the evidence SHALL be filed at the same time as the opposition (for 28 5 1 Defendant) and the reply (for Plaintiff).1 A hard-copy, courtesy copy of all filings related to the class 2 motion SHALL be sent via overnight mail to the Chambers of Judge Thurston at the same time the 3 filing is submitted. All of the pages of evidence in the hard copy SHALL be numbered, tabbed and 4 indexed. The hearing on the motion for class certification is set on January 7, 2019, at 9:30 a.m. 5 6 before Judge Thurston at the United States Courthouse, located at 510 19th Street, Bakersfield, CA. 7 IX. The parties may file a joint written request for a settlement conference if they believe the action 8 9 10 Settlement Conference is in a settlement posture and a conference with the Court would be fruitful. The parties shall include proposed dates for the conference in the request. Notwithstanding the requirements of Local Rule 270(b), the settlement conference will be 11 12 conducted by Magistrate Judge Thurston. The Court deems the deviation from the Local Rule to be 13 appropriate and in the interests of the parties and justice and sound case management based upon the 14 location of the parties. If any party prefers that the settlement conference be conducted by a 15 judicial officer who is not assigned to this case, the joint request SHALL indicate this preference. 16 X. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 17 18 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 19 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 20 handle its increasing case load, and sanctions will be imposed for failure to follow the Rules as 21 provided in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern 22 District of California. 23 XI. 24 Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda 25 most suitable to dispose of this case. If the parties determine at any time that the schedule outlined in 26 this order cannot be met, counsel are ordered to notify the court immediately of that fact so that 27 adjustments may be made, either by stipulation or by subsequent status conference. 28 1 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. 6 1 The dates set in this Order are considered to be firm and will not be modified absent a 2 showing of good cause even if the request to modify is made by stipulation. Stipulations 3 extending the deadlines contained herein will not be considered unless they are accompanied by 4 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 5 for granting the relief requested. 6 Failure to comply with this order may result in the imposition of sanctions. 7 8 9 10 IT IS SO ORDERED. Dated: January 12, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7

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