Roux v. North Bakersfield Nissan, Inc.

Filing 19

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 1/22/2019. Pleading Amendment Deadline 4/22/2019. Discovery Deadlines: Initial Disclosures 2/5/2019; Non-Expert 10/11/2019; Expert 12/13/2019. Mid-Discovery Status Conference set for 6/13/2019 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 12/20/2019; Hearing by 1/17/2020. Dispositive Motion Deadlines: Filed by 2/7/2020; Hearing by 3/13 /2020. Pretrial Conference set for 4/24/2020 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 6/8/2020 at 08:30 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 EASTERN DISTRICT OF CALIFORNIA 10 11 MARGARET ROUX, 12 13 14 15 16 Plaintiff, v. NORTH BAKERSFIELD NISSAN, INC., Defendant. ) ) ) ) ) ) ) ) ) 17 18 Case No.: 1:18-CV-1087- JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 4/22/2019 Discovery Deadlines: Initial Disclosures: 2/5/2019 Non-Expert: 10/11/2019 Expert: 12/13/2019 Mid-Discovery Status Conference: 6/13/2019 at 8:30 a.m. Non-Dispositive Motion Deadlines: Filing: 12/20/2019 Hearing: 1/17/2020 19 20 21 Dispositive Motion Deadlines: Filing: 2/7/2020 Hearing: 3/13/2020 22 23 Pre-Trial Conference: 4/24/2020 at 10:00 a.m. 510 19th Street, Bakersfield, CA 24 25 Trial: 6/8/2020 at 8:30 a.m. 510 19th Street, Bakersfield, CA Jury trial: 3-4 days 26 27 28 1 1 I. January 22, 2018. 2 3 Date of Scheduling Conference II. Appearances of Counsel 4 Elizabeth Wagner appeared on behalf of Plaintiff. 5 Nicholas Street appeared on behalf of Defendant. 6 III. Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 7 8 motion to amend, no later than April 22, 2019. 9 IV. 10 11 12 13 14 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 February 5, 2019. The parties are ordered to complete all discovery pertaining to non-experts on or before October 11, 2019, and all expert discovery on or before December 13, 2019. The parties are directed to disclose all expert witnesses, in writing, on or October 25, 2019, and 15 to disclose all rebuttal experts on or before November 15, 2019. The written designation of retained 16 and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) 17 and shall include all information required thereunder. Failure to designate experts in compliance 18 with this order may result in the Court excluding the testimony or other evidence offered through such 19 experts that are not disclosed pursuant to this order. 20 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 21 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 22 included in the designation. Failure to comply will result in the imposition of sanctions, which may 23 include striking the expert designation and preclusion of expert testimony. 24 25 26 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 June 13, 2019 at 8:30 a.m. before the 27 Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, 28 California. Counsel SHALL file a joint mid-discovery status conference report one week before the 2 1 conference. Counsel also SHALL lodge the status report via e-mail to JLTorders@caed.uscourts.gov. 2 The joint statement SHALL outline the discovery counsel have completed and that which needs to be 3 completed as well as any impediments to completing the discovery within the deadlines set forth in this 4 order. Counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 5 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written notice of the 6 intent to appear telephonically no later than five court days before the noticed hearing date. 7 V. All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 8 9 10 Pre-Trial Motion Schedule than December 20, 2019, and heard on or before January 17, 2020. The Court hears non-dispositive motions at 9:00 a.m. at the United States District Courthouse in Bakersfield, California. No motion to amend or stipulation to amend the case schedule will be entertained unless it 11 12 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 13 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 14 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 15 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 16 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the 17 obligation of the moving party to arrange and originate the conference call to the court. To schedule 18 this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at 19 (661) 326-6620 or via email at SHall@caed.uscourts.gov. Counsel must comply with Local Rule 251 20 with respect to discovery disputes or the motion will be denied without prejudice and dropped 21 from the Court’s calendar. All dispositive pre-trial motions shall be filed no later than February 7, 2020, and heard no 22 23 later than March 13, 2020, before the Honorable Jennifer L. Thurston, United States Magistrate Judge, 24 at the United States District Courthouse in Bakersfield, California. In scheduling such motions, 25 counsel shall comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260. 26 VI. Motions for Summary Judgment or Summary Adjudication 27 At least 21 days before filing a motion for summary judgment or motion for summary 28 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 3 1 to be raised in the motion. 2 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 3 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 4 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 5 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 6 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 7 8 statement of undisputed facts at least five days before the conference. The finalized joint statement of 9 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 10 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 11 statement of undisputed facts. In the notice of motion, the moving party SHALL certify that the parties have met and 12 13 conferred as ordered above, or set forth a statement of good cause for the failure to meet and confer. 14 Failure to comply may result in the motion being stricken. 15 VII. 16 17 18 Pre-Trial Conference April 24, 2020, at 10:00 a.m., located at the United States District Courthouse in Bakersfield, California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge. The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). 19 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 20 directly to Judge Thurston's chambers, by email at JLTorders@caed.uscourts.gov. 21 Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 22 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 23 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 24 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 25 Court to explain the nature of the case to the jury during voir dire. 26 VIII. Trial Date 27 28 June 8, 2020, at 8:30 a.m. at the United States District Courthouse in Bakersfield, California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge. 4 1 A. This is a jury trial. 2 B. Counsels' Estimate of Trial Time: 3-4 days. 3 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 4 California, Rule 285. 5 IX. Settlement Conference 6 If the parties desire a conference with the Court, they may file a joint written request for a 7 settlement conference, including proposed dates with approximately 60 days’ notice. Alternatively, the 8 parties may file a joint written request for referral to the Court’s Voluntary Dispute Resolution 9 Program. 10 X. 11 Trial Not applicable at this time. 12 13 XI. 16 Related Matters Pending There are no pending related matters. 14 15 Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten XII. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 17 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 18 amendments thereto. The Court must insist upon compliance with these Rules to efficiently handle its 19 increasing case load, and sanctions will be imposed for failure to follow both the Federal Rules of Civil 20 Procedure and the Local Rules of Practice for the Eastern District of California. 21 XIII. 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 firm and will not be modified absent a showing of good cause even if the request to modify is made by stipulation. Stipulations extending the deadlines 5 1 contained herein will not be considered unless they are accompanied by affidavits or declarations, 2 and where appropriate attached exhibits, which establish good cause for granting the relief 3 requested. 4 Failure to comply with this order may result in the imposition of sanctions. 5 6 7 8 IT IS SO ORDERED. Dated: January 22, 2019 /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 6

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