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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 MICHELLE RIZVANOVIC, individually, and ) on behalf of all others similarly situated, ) ) Plaintiff, ) ) v. ) UNITED PARCEL SERVICE, INC., an Ohio ) ) Corporation, ) ) Defendant. ) ) 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. 17 18 19 20 I. Discovery Plan and Cut-Off Date Discovery is now open for all non-expert discovery pertaining to the class certification motion 21 and to the merits, to the extent it overlaps with the class issues. All non-expert discovery related to the 22 motion for class certification SHALL be completed no later than June 30, 2023. Both sides may 23 conduct discovery as to the evidence relied upon in support of the motion and in opposition to the 24 motion for class certification. 25 26 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 27 28 1 The Court will set a further scheduling conference after the motion for class certification is determined. 1 1 Report one week prior to the conference, and shall also lodge it via e-mail, in Word format, to 2 JLTorders@caed.uscourts.gov. The joint statement SHALL outline the status of the matter, 3 including all discovery that has been completed as well as any impediments to completing the 4 discovery within the deadlines set forth in this order. Counsel SHALL discuss settlement and 5 certify that they have done so. Counsel may appear via teleconference by dialing (888) 557-8511 6 and entering Access Code 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk 7 receives a written notice of the intent to appear telephonically no later than five court days before the 8 noticed hearing date. 9 II. 10 Pre-Trial Motion Schedule Non-dispositive motions are heard before the Honorable Jennifer L. Thurston, United States 11 Magistrate Judge, at the United States Courthouse in Bakersfield, California. For these hearings, 12 counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 13 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written notice of the 14 intent to appear telephonically no later than five court days before the noticed hearing date. 15 No motion to amend or stipulation to amend the case schedule will be entertained unless 16 it is filed at least one week before the first deadline the parties wish to extend. Likewise, no 17 written discovery motions shall be filed without the prior approval of the assigned Magistrate 18 Judge. A party with a discovery dispute must first confer with the opposing party in a good faith 19 effort to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the 20 moving party promptly shall seek a telephonic hearing with all involved parties and the Magistrate 21 Judge. It shall be the obligation of the moving party to arrange and originate the conference call to 22 the court. To schedule this telephonic hearing, the parties are ordered to contact the Courtroom 23 Deputy Clerk, Susan Hall, at (661) 326-6620 or via email at SHall@caed.uscourts.gov. At least three 24 days before the conference, counsel SHALL file informal letter briefs detailing their positions. The 25 briefs may not exceed 7 pages, excluding exhibits. Counsel must comply with Local Rule 251 with 26 respect to discovery disputes or the motion will be denied without prejudice and dropped from 27 the Court’s calendar. 28 In scheduling such motions, the Magistrate Judge may grant applications for an order 2 1 shortening time pursuant to Local Rule 144(e). However, if counsel does not obtain an order 2 shortening time, the notice of motion must comply with Local Rule 251. 3 III. Motions for Summary Judgment or Summary Adjudication 4 At least 21 days before filing a motion for summary judgment or motion for summary 5 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 6 to be raised in the motion. 7 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 8 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 9 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 10 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 11 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 12 13 statement of undisputed facts at least five days before the conference. The finalized joint statement of 14 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 15 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 16 statement of undisputed facts. In the notice of motion the moving party SHALL certify that the parties have met and conferred 17 18 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to 19 comply may result in the motion being stricken. 20 IV. Motion for class certification 21 The motion for class certification SHALL be filed no later than August 17, 2022. Opposition 22 to the motion SHALL be filed no later than October 17, 2022. During the interval between the filing 23 of the motion and the deadline for the opposition, the Defendant may conduct discovery as to the 24 evidence relied upon by Plaintiff for the motion for class certification. 25 Neither the motion nor the opposition SHALL exceed 30 pages, exclusive of evidence and 26 evidentiary objections, unless leave is granted by the Court prior to the filing. Any reply SHALL be 27 filed no later than November 17, 2022, and shall not exceed 15 pages, exclusive of evidentiary 28 objections. During the interval between the filing of the opposition and the deadline for the reply, the 3 1 Plaintiff may conduct discovery as to the evidence relied upon by Defendant for the opposition to the 2 motion for class certification. Any objections to the evidence SHALL be filed at the same time as the opposition (for 3 4 Defendant) and the reply (for Plaintiff).2 A hard-copy, courtesy copy of all filings related to the 5 class motion SHALL be sent via overnight mail to the Chambers of Judge Thurston at the same 6 time the filing is submitted. All of the pages of evidence in the hard copy SHALL be numbered, 7 tabbed and indexed. The hearing on the motion for class certification is set for January 23, 2023 at 10:00 a.m. 8 9 V. Settlement Conference If the parties believe the matter is in a settlement posture, the parties may submit a joint written 10 11 request for a settlement conference, at which time a conference will be set with the Court. 12 VI. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 13 14 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 15 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 16 handle its increasing case load and sanctions will be imposed for failure to follow both the Federal 17 Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California. 18 VII. 19 Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda most 20 suitable to dispose of this case. If the parties determine at any time that the schedule outlined in this 21 order cannot be met, counsel are ordered to notify the court immediately of that fact so that adjustments 22 may be made, either by stipulation or by subsequent status conference. 23 The dates set in this order are firm and will not be modified absent a showing of good 24 cause even if the request to modify is made by stipulation. Stipulations extending the deadlines 25 contained herein will not be considered unless they are accompanied by affidavits or 26 declarations, and where appropriate attached exhibits, which establish good cause for granting 27 28 2 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. 4 1 2 the relief requested. Failure to comply with this order may result in the imposition of sanctions. 3 4 5 6 IT IS SO ORDERED. Dated: November 17, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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