Michelle Rizvanovic v. United Parcel Service, Inc.

Filing 13

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 11/17/2021. Discovery Deadlines: Non-Expert (Class Issues) 6/30/2023. Mid-Discovery Status Conference set for 4/27/2022 at 08:30 AM in Bakersfield, 510 19th Street before Magist rate Judge Jennifer L. Thurston. Class Certification Motion Deadlines: Filed by 8/17/2022; Opposition by 10/17/2022; Reply by 11/17/2022; Hearing set for 1/23/2023 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHELLE RIZVANOVIC, individually, and )
on behalf of all others similarly situated,
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Plaintiff,
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v.
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UNITED PARCEL SERVICE, INC., an Ohio )
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Corporation,
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Defendant.
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Case No.: 1:21-cv-01278-JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Discovery Deadlines:
Non-Expert (Class Issues): 6/30/2023
Mid-Discovery Status Conference:
4/27/2022 at 8:30 a.m.
Class Certification Motion Deadlines1:
Filing: 8/17/2022
Opposition: 10/17/2022
Reply brief: 11/17/2022
Hearing: 1/23/2023 at 10:00 a.m.

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I.

Discovery Plan and Cut-Off Date
Discovery is now open for all non-expert discovery pertaining to the class certification motion

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and to the merits, to the extent it overlaps with the class issues. All non-expert discovery related to the

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motion for class certification SHALL be completed no later than June 30, 2023. Both sides may

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conduct discovery as to the evidence relied upon in support of the motion and in opposition to the

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motion for class certification.

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The Court sets a mid-discovery status conference on April 27, 2022, at 8:30 a.m. at 510 19th
Street, Bakersfield, California. Counsel SHALL file a Joint Mid-Discovery Status Conference

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The Court will set a further scheduling conference after the motion for class certification is determined.

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Report one week prior to the conference, and shall also lodge it via e-mail, in Word format, to

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[e-mail]. The joint statement SHALL outline the status of the matter,

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including all discovery that has been completed as well as any impediments to completing the

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discovery within the deadlines set forth in this order. Counsel SHALL discuss settlement and

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certify that they have done so. Counsel may appear via teleconference by dialing [phone]

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

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

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noticed hearing date.

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II.

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Pre-Trial Motion Schedule
Non-dispositive motions are heard before the Honorable Jennifer L. Thurston, United States

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Magistrate Judge, at the United States Courthouse in Bakersfield, California. For these hearings,

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counsel may appear via teleconference by dialing [phone] and entering Access Code

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1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written notice of the

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intent to appear telephonically no later than five court days before the noticed hearing date.

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No motion to amend or stipulation to amend the case schedule will be entertained unless

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it is filed at least one week before the first deadline the parties wish to extend. Likewise, no

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written discovery motions shall be filed without the prior approval of the assigned Magistrate

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

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

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

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

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

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Deputy Clerk, Susan Hall, at [phone] or via email at [e-mail]. At least three

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days before the conference, counsel SHALL file informal letter briefs detailing their positions. The

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briefs may not exceed 7 pages, excluding exhibits. Counsel must comply with Local Rule 251 with

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respect to discovery disputes or the motion will be denied without prejudice and dropped from

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the Court’s calendar.

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In scheduling such motions, the Magistrate Judge may grant applications for an order
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shortening time pursuant to Local Rule 144(e). However, if counsel does not obtain an order

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shortening time, the notice of motion must comply with Local Rule 251.

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III.

Motions for Summary Judgment or Summary Adjudication

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At least 21 days before filing a motion for summary judgment or motion for summary

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

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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 where a

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

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

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

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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

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

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

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

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

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

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comply may result in the motion being stricken.

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IV.

Motion for class certification

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The motion for class certification SHALL be filed no later than August 17, 2022. Opposition

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to the motion SHALL be filed no later than October 17, 2022. During the interval between the filing

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of the motion and the deadline for the opposition, the Defendant may conduct discovery as to the

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evidence relied upon by Plaintiff for the motion for class certification.

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Neither the motion nor the opposition SHALL exceed 30 pages, exclusive of evidence and

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evidentiary objections, unless leave is granted by the Court prior to the filing. Any reply SHALL be

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filed no later than November 17, 2022, and shall not exceed 15 pages, exclusive of evidentiary

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objections. During the interval between the filing of the opposition and the deadline for the reply, the
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Plaintiff may conduct discovery as to the evidence relied upon by Defendant for the opposition to the

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motion for class certification.
Any objections to the evidence SHALL be filed at the same time as the opposition (for

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Defendant) and the reply (for Plaintiff).2 A hard-copy, courtesy copy of all filings related to the

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class motion SHALL be sent via overnight mail to the Chambers of Judge Thurston at the same

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time the filing is submitted. All of the pages of evidence in the hard copy SHALL be numbered,

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tabbed and indexed.
The hearing on the motion for class certification is set for January 23, 2023 at 10:00 a.m.

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V.

Settlement Conference
If the parties believe the matter is in a settlement posture, the parties may submit a joint written

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request for a settlement conference, at which time a conference will be set with the Court.

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VI.

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

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

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

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

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

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VII.

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

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suitable to dispose of this case. If the parties determine at any time that the schedule outlined in this

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order cannot be met, counsel are ordered to notify the court immediately of that fact so that adjustments

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may be made, either by stipulation or by subsequent status conference.

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The dates set in this order are firm and will not be modified absent a showing of good

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cause even if the request to modify is made by stipulation. Stipulations extending the deadlines

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contained herein will not be considered unless they are accompanied by affidavits or

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declarations, and where appropriate attached exhibits, which establish good cause for granting

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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.

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

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IT IS SO ORDERED.
Dated:

November 17, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

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