Charles W. Cooley v. Indian River Transport Co.

Filing 59

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 7/31/2018 ORDERING The parties shall engage in private mediation within the next 60 days. All deadlines shall be postponed until after mediation is completed. If the partie s are unable to settle the case, they will return for a further Status Conference on 10/9/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Discovery and motion deadlines will be set date at that point, if necessary. (Washington, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo---CHARLES W. COOLEY, GRADY
1:18-cv-491 WBS BAM
ANDERSON, NICHOLAS MARONE, on
behalf of themselves and all
others similarly situated,

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Plaintiffs,
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v.
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INDIAN RIVER TRANSPORT CO.,
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Defendant.
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----oo0oo----

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STATUS (PRETRIAL SCHEDULING) ORDER

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The court makes the following findings and orders after
hearing from the parties at the July 30, 2018 Status (Pretrial
Scheduling) Conference.
I.

SERVICE OF PROCESS
All defendants have been served, and no further service

is permitted without leave of court, good cause having been shown
under Federal Rule of Civil Procedure 16(b).

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II.

JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendments to

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pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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(9th Cir. 1992).

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III. JURISDICTION/VENUE

See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604

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Jurisdiction is predicated upon diversity jurisdiction,
28 U.S.C. § 1332, because the parties are of diverse citizenship

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and the amount in controversy exceeds $75,000.00.

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undisputed and hereby found to be proper.

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IV. MEDIATION

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Venue is

The parties shall engage in private mediation within

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the next 60 days.

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mediation is completed.

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case, they will return on October 9, 2018 at 1:30 pm in Courtroom

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5 for a further Status Conference.

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deadlines will be set date at that point, if necessary.

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V. MOTION SCHEDULE

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All deadlines shall be postponed until after
If the parties are unable to settle the

Discovery and motion

Defendant may file a separate motion for summary

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judgment on plaintiffs’ penalty claims, without prejudicing its

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ability to later move for summary judgment on other claims.

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Defendant’s motion may address statute of limitations and

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collateral estoppel concerns.

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V.

RELATED CASES

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This court related this case to Shook v. Indian River

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Transport, Inc., 236 F. Supp. 3d 1165 (E.D. Cal. 2017) on April

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20, 2018.

Shook plaintiffs sought to represent all current and
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former Indian River drivers who were residents of California, but

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they failed to move for class certification so the case was tried

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as a PAGA, Labor Code §§ 2699, et seq. (California Private

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Attorneys General Act), action before this court.

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awarded judgment for defendant, and the judgment was affirmed by

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the Ninth Circuit on March 27, 2018.

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Transport, Inc., 716 Fed. Appx. 589 (9th Cir. Mar. 15, 2018).

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Shook plaintiffs were represented by the same counsel currently

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representing plaintiffs in this action.

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IT IS SO ORDERED.
Dated:

July 30, 2018

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The court

See Shook v. Indian River