Rodriguez ,et al. v. M. J. Brothers, Inc., et al.

Filing 15

SCHEDULING ORDER RE CONDITIONAL CERTIFICATION DEADLINE: Motion filing deadline 12/21/2018, Opposition deadline 1/25/2019, Reply deadline 2/8/2019. Signed by Magistrate Judge Stanley A. Boone on 10/1/2018. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VICTOR RODRIGUEZ, et al.,

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Plaintiffs,

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SCHEDULING ORDER (Fed. R. Civ. P 16)
Conditional Certification Deadline:
Motion Filing: December 21, 2018
Opposition: January 25, 2019
Reply: February 8, 2019

v.

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Case No. 1: 18-cv-00252-LJO-SAB

M.J. BROTHERS, INC., et al.,
Defendants.

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I.

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The Scheduling Conference was held on October 1, 2018.

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II.

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Enrique Martinez telephonically appeared on behalf of Plaintiffs.

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Patrick Moody telephonically appeared on behalf of Defendants.

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III.

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Plaintiffs have consented to proceed before the magistrate judge. Defendants have not

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filed a consent or decline form. Pursuant to 28 U.S.C. § 636(c), to the parties who have not

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consented to conduct all further proceedings in this case, including trial, before United States

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Magistrate Judge Stanley A. Boone, you should be informed that because of the pressing

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workload of United States district judges and the priority of criminal cases under the United

Date of Scheduling Conference

Appearances of Counsel

Consent to Magistrate Judge

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States Constitution, you are encouraged to consent to magistrate judge jurisdiction in an effort to

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have your case adjudicated in a timely and cost effective manner. Presently, when a civil trial is

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set before Judge O'Neill, any criminal trial set which conflicts with the civil trial will take

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priority, even if the civil trial was set first. Continuances of civil trials under these circumstances

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may no longer be entertained, absent a specific and stated finding of good cause, but the civil trial

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may instead trail from day to day or week to week until the completion of either the criminal case

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or the older civil case. The parties are advised that they are free to withhold consent or decline

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magistrate jurisdiction without adverse substantive consequences.

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IV.

Conditional Certification

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The parties have agreed to a phased approach to this action. This first phase shall relate to

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conditional certification of an FLSA class. Any motions for conditional certification shall be

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filed on or before December 21, 2018. Opposition to the motion for conditional certification

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shall be filed on or before January 25, 2019. A reply, if any, shall be filed on or before

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February 8, 2019. Hearing on the motion shall be set pursuant to the Local Rules of the Eastern

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District of California before United States Magistrate Judge Stanley A. Boone.

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V.

Pre-Trial Motion Schedule

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Unless prior leave of Court is obtained at least seven (7) days before the filing date, all

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moving and opposition briefs or legal memorandum in civil cases shall not exceed twenty-five

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(25) pages. Reply briefs filed by moving parties shall not exceed ten (10) pages. Before

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scheduling any motion, the parties must comply with all requirements set forth in Local Rule 230

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and 251.

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A.

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Non-dispositive motions are heard on Wednesdays at 10:00 a.m., before United States

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Magistrate Judge Stanley A. Boone in Courtroom 9. In scheduling any non-dispositive motion,

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the Magistrate Judge may grant Applications for an Order Shortening Time pursuant to Local

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Rule 144(e). However, if counsel does not obtain an Order Shortening Time, the Notice of

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Motion must comply with Local Rule 251.

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Non-Dispositive Pre-Trial Motions

Counsel may appear and argue non-dispositive motions by telephone, providing a written
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request to so appear is made to the Magistrate Judge’s Courtroom Clerk no later than three (3)

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court days before the noticed hearing date. In the event that more than one attorney requests to

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appear by telephone, then it shall be the obligation of the moving party(ies) to arrange and

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originate a conference call to the court.

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Discovery Disputes: If a motion is brought under Fed. R. Civ. P. 37, the parties must

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prepare and file a Joint Statement re Discovery Disagreement (“Joint Statement”) as required by

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Local Rule 251. The Joint Statement must be filed seven (7) calendar days before the scheduled

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hearing date. Courtesy copies of all motion-related documents, declarations, and exhibits must be

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delivered to the Clerk’s Office by 10:00 a.m. on the fourth court day prior to the scheduled

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hearing date. Motions will be removed from the court’s hearing calendar if the Joint Statement is

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not timely filed or if courtesy copies are not timely delivered. In order to satisfy the meet and

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confer requirement set forth in Local Rule 251(b), the parties must confer and talk to each other

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in person, over the telephone or via video conferencing before the hearing about the discovery

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dispute. The Court may issue sanctions against the moving party or the opposing party if either

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party fails to meet and confer in good faith.

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B.

Dispositive Pre-Trial Motions

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Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for

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summary judgment or motion for summary adjudication, the parties are ORDERED to meet, in

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person or by telephone, and confer to discuss the issues to be raised in the motion.

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

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where a question of fact exists; 2) determine whether the respondent agrees that the motion has

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merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of

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briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement

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before the parties incur the expense of briefing a summary judgment motion; and 6) to arrive at a

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Joint Statement of Undisputed Facts.

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The moving party shall initiate the meeting and provide a draft of the Joint Statement of

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Undisputed Facts. In addition to the requirements of Local Rule 260, the moving party shall

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file a Joint Statement of Undisputed Facts.
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In the Notice of Motion, the moving party shall certify that the parties have met and

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conferred as ordered above or set forth a statement of good cause for the failure to meet and

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confer.

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VI.

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All counsel are expected to familiarize themselves with the Federal Rules of Civil

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

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amendments thereto.

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efficiently handle its increasing case load and sanctions will be imposed for failure to follow the

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Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules for the

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Compliance with Federal Procedure

The Court must insist upon compliance with these Rules if it is to

Eastern District of California.

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Additional requirements and more detailed procedures for courtroom practice before

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United States Magistrate Judge Stanley A. Boone can be found at the United States District Court

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for the Eastern District of California’s website (www.caed.uscourts.gov) under Judges; United

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States Magistrate Judge Stanley A. Boone (SAB).

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Procedures,” there is a link to “Standard Information.” All parties and counsel shall comply with

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the guidelines set forth therein.

In the area entitled “Case Management

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VII.

Effect of this Order

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The foregoing order represents the best estimate of the court and counsel as to the agenda

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

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

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are ordered to notify the court immediately of that fact so that adjustments may be made, either

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by stipulation or by subsequent status conference.

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Stipulations extending the deadlines contained herein will not be considered unless

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they are accompanied by affidavits or declarations, and where appropriate attached

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exhibits, which establish good cause for granting the relief requested. The parties are

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advised that due to the impacted nature of civil cases on the district judges in the Eastern

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District of California, Fresno Division, that stipulations to continue set dates are disfavored

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and will not be granted absent good cause.
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Lastly, should counsel or a party appearing pro se fail to comply with the directions

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as set forth above, an ex parte hearing may be held and contempt sanctions, including

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monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed

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and/or ordered.

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IT IS SO ORDERED.
Dated:

October 1, 2018
UNITED STATES MAGISTRATE JUDGE

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