Baptiste et al v. KS Industries, LP

Filing 19

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 4/2/2018. Consent/Decline due within 10 days. Pleading Amendment Deadline 5/11/2018. Discovery Deadlines: Non-Expert 11/16/2018; Expert 1/28/2019. Mid-Discovery Status Conferenc e set for 8/16/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 2/15/2019; Hearing by 3/15/2019. Dispositive Motion Deadlines: Filed by 4/5/2019; Hearing by 6/3/2019. Pretrial Conference set for 8/22/2019 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 10/22/2019 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Hall, S)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

AARON BAPTISTE, et al.,

11

Plaintiff,

12
13

v.
KS INDUSTRIES, LP,

14

Defendant.

15

)
)
)
)
)
)
)
)
)

Case No.: 1:18-cv-0016 AWI JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 5/11/2018
Discovery Deadlines:
Non-Expert: 11/16/2018
Expert: 1/28/2019
Mid-Discovery Status Conference:
8/16/2018 at 8:30 a.m.

16
17

Non-Dispositive Motion Deadlines:
Filing: 2/15/2019
Hearing: 3/15/2019

18
19

Dispositive Motion Deadlines:
Filing: 4/5/2019
Hearing: 6/3/2019

20
21

Pre-Trial Conference:
8/22/2019 at 10:00 a.m.
Courtroom 2

22
23
24

Trial: 10/22/2019 at 8:30 a.m.
Courtroom 2
Jury trial: 9-12 days

25
26
27
28

I.

Date of Scheduling Conference
April 2, 2019.
1

1

II.

Appearances of Counsel

2

Jay Ellwanger appeared on behalf of Plaintiff.

3

John Egley appeared on behalf of Defendant.

4
5

III.

Information Concerning the Court’s Schedule
Out of fairness, the Court believes it is necessary to forewarn litigants that the Fresno Division

6

of the Eastern District of California now has the heaviest District Court Judge caseload in the entire

7

nation. While the Court will use its best efforts to resolve this case and all other civil cases in a timely

8

manner, the parties are admonished that not all of the parties’ needs and expectations may be met as

9

expeditiously as desired. As multiple trials are now being set to begin upon the same date, parties may

10

find their case trailing with little notice before the trial begins. The law requires that the Court give any

11

criminal trial priority over civil trials or any other matter. The Court must proceed with a criminal trial

12

even if a civil trial was filed earlier and set for trial first. Continuances of any civil trial under these

13

circumstances will no longer be entertained, absent a specific and stated finding of good cause. All

14

parties should be informed that any civil trial set to begin during the time a criminal trial is proceeding

15

will trail the completion of the criminal trial.

16

The parties are reminded of the availability of a United States Magistrate Judge to conduct all

17

proceedings in this action. A United States Magistrate Judge is available to conduct trials, including

18

entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, and Local

19

Rule 305. The same jury pool is used by both United States Magistrate Judges and United States

20

District Court Judges. Any appeal from a judgment entered by a United States Magistrate Judge is

21

taken directly to the United States Court of Appeal for the Ninth Circuit. The parties are informed that

22

no substantive rulings or decisions will be affected by whether a party chooses to consent.

23

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

24

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

25

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

26

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

27

District of California.

28

Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to
2

1

conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel

2

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

3

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

4

IV.

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

5
6

motion to amend, no later than May 11, 2018.

7

V.

Discovery Plan and Cut-Off Date

8

The parties have exchanged the initial disclosures required by Fed. R. Civ. P. 26(a)(1).

9

The parties are ordered to complete all discovery pertaining to non-experts on or before

10

November 16, 2018, and all discovery pertaining to experts on or before January 28, 2019.

11

The parties are directed to disclose all expert witnesses, in writing, on or before November 23,

12

2018, and to disclose all rebuttal experts on or before December 17, 2018. The written designation of

13

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

14

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

15

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

16

through such 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
23

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.
A mid-discovery status conference is scheduled for August 16, 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 [e-mail].

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 [phone] 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.

5

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

6

than February 15, 2019, and heard on or before March 15, 2019. Non-dispositive motions are heard

7

at 9:00 a.m., before the Honorable Jennifer L. Thurston, United States Magistrate Judge, at the United

8

States District Courthouse located at 510 19th Street, Bakersfield, California.

9

No written discovery motions shall be filed without the prior approval of the assigned

10

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

11

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

12

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

13

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

14

court. To schedule this telephonic hearing, the parties are ordered to contact Courtroom Deputy Clerk,

15

Susan Hall at [phone] or via email at [e-mail]. Counsel must comply with

16

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

17

and dropped from calendar.

18

In scheduling such motions, the Magistrate Judge may grant applications for an order shortening

19

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

20

notice of motion must comply with Local Rule 251.

21

Counsel may appear and argue non-dispositive motions via teleconference by dialing (888) 557-

22

8511 and entering Access Code 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk

23

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

24

noticed hearing date.

25

All dispositive pre-trial motions shall be filed no later than April 5, 2019, and heard no later

26

than June 3, 2019, in Courtroom 2 at 8:30 a.m. before the Honorable Anthony W. Ishii, United States

27

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

28

Local Rules 230 and 260.
4

1

VII.

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

2
3

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

4

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

5
6

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

7

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

8

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

9

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

10
11

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

12

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

13

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

14

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

15
16

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

17

comply may result in the motion being stricken.

18

VIII. Pre-Trial Conference Date

19

August 22, 2019, at 10:00 a.m. in Courtroom 2 before Judge Ishii.

20

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

21

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

22

directly to Judge Ishii's chambers, by email at [e-mail].
Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the

23
24

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

25

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

26

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

27

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

28

///
5

1

IX.

October 22, 2019, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii, United

2
3

Trial Date

States District Court Judge.

4

A.

This is a jury trial.

5

B.

Counsels' Estimate of Trial Time: 9-12 days.

6

C.

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

7

California, Rule 285.

8

X.

Settlement Conference
If the parties believe the action is in a settlement posture and a conference with the Court would

9
10

be fruitful, they may file a joint written request for a settlement conference, including proposed dates.

11

Notwithstanding the requirements of Local Rule 270(b), the settlement conference will be conducted by

12

Magistrate Judge Thurston. The Court deems the deviation from the Local Rule to be appropriate and in

13

the interests of the parties and justice and sound case management based upon the location of the parties.

14

If any party prefers that the settlement conference be conducted by a different judicial officer, that

15

party is directed to notify the Court no later than 60 days in advance of the scheduled settlement

16

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

17

XI.

Requests for Bifurcation, Appointment of Special Master, or other

18

Techniques to Shorten Trial

19

Not applicable at this time.

20

XII.

There are no pending related matters.

21
22

Related Matters Pending

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

23
24

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

25

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

26

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

27

Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California.

28

///
6

1
2

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

3

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

4

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

5

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

6

subsequent status conference.

7

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

8

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

9

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

10

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

11

for granting the relief requested.

12

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

13
14
15
16

IT IS SO ORDERED.
Dated:

April 2, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
7