Rodriguez v. Ford Motor Company

Filing 13

SCHEDULING ORDER, signed by Magistrate Judge Christopher D. Baker on 1/17/2023. The parties are directed to closely review the finalized dates in the Scheduling Order as several of those dates have been changed since dates were discussed during the scheduling conference. Discovery Deadlines: Non-Expert 9/11/2023; Expert 10/18/2023. Non-Dispositive Motions filed by 9/28/2023. Dispositive Motions filed by 10/31/2023. Mid-Discovery Status Conference set for 7/18/2023 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Christopher D. Baker. Pretrial Conference set for 4/8/2024 at 01:30 PM in Courtroom 1 (ADA) before District Judge Ana de Alba. Jury Trial set for 6/11/2024 at 08:30 AM in Courtroom 1 (ADA) before District Judge Ana de Alba. (Hall, S)

Case 1:22-cv-01251-ADA-CDB Document 13 Filed 01/18/23 Page 1 of 7

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

GLORIA RODRIGUEZ,

Case No. 1:22-cv-01251-ADA-CDB

10
Plaintiff,

SCHEDULING ORDER (Fed. R. Civ. P. 16)

11
v.
12
FORD MOTOR COMPANY,
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Defendant.

Discovery Deadlines:
-Initial Disclosures: February 7, 2023
-Expert Disclosures: September 25, 2023
-Fact Discovery Cut-Off: September 11, 2023
-Expert Discovery Cut-Off: October 18, 2023
-Mid-Discovery Status Conference: July 18, 2023,
at 9:00 a.m., in Bakersfield Federal Courthouse
510 19th Street, Bakersfield, CA 93301
Non-Dispositive Motion Deadlines:
-Filing: September 28, 2023
-Hearing: On or before November 2, 2023, at 10:30
a.m., in Bakersfield Federal Courthouse
Dispositive Motion Deadlines:
-Filing: October 31, 2023
-Hearing: December 5, 2023, at 1:30 p.m, in
Robert E. Coyle Federal Courthouse, Fresno,
Courtroom 1, 8th Floor
Pre-Trial Conference: April 8, 2024, at 1:30
p.m., in Fresno Federal Courthouse, Courtroom 1,
8th Floor
Trial: June 11, 2024, at 8:30 a.m, in Fresno Federal
Courthouse, Courtroom 1, 8th Floor

27
28
1

Case 1:22-cv-01251-ADA-CDB Document 13 Filed 01/18/23 Page 2 of 7

In this action filed July 26, 2022 and removed to the Eastern District of California on

1
2

September 30, 2022, Plaintiff Gloria Rodriguez (“Plaintiff”) asserts claims against Ford Motor

3

Company (“Defendant”) for: (1) Violation of the Song-Beverly Act-Breach of Express Warranty; (2)

4

Violation of the Song-Beverly Act-Breach of Implied Warranty; (3) Violation of the Song-Beverly

5

Act Section 1793.2(b).

6

I.

January 17, 2023, before Magistrate Judge Christopher D. Baker.

7
8

II.

Appearances of Counsel
Aaron Cohen appeared on behalf of Plaintiff.

9

Matthew Proudfoot appeared on behalf of Defendant.

10
11

Date of Scheduling Conference

III.

Magistrate Judge Consent:

12

Consent / Decline of U.S. Magistrate Judge Jurisdiction forms not filed at this time.

13

Notice of Congested Docket and Court Policy of Trailing

14

Due to the District Judges’ heavy caseload, the adopted policy of the Fresno Division of the

15

Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set before a

16

District Judge, the parties will trail indefinitely behind any higher priority criminal or older civil case

17

set on the same date until a courtroom becomes available. The trial date will not be reset.

18

The Magistrate Judges’ availability is far more realistic and accommodating to parties than that

19

of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize

20

criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge

21

may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of

22

Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States

23

Magistrate Judge is taken directly to the United States Court of Appeal for the Ninth Circuit.

24

The Fresno Division of the Eastern District of California, whenever possible, is utilizing United

25

States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the

26

Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance

27

notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern

28

District of California.
2

Case 1:22-cv-01251-ADA-CDB Document 13 Filed 01/18/23 Page 3 of 7

Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to

1
2

conduct all further proceedings, including trial, and to file a consent/decline form (provided by the

3

Court at the inception of this case) indicating whether they will consent to the jurisdiction of the

4

Magistrate Judge.

5

IV.

Pleading Amendment Deadline
Any requested pleading amendments are ordered to be filed, either through a stipulation or

6
7

motion to amend. The parties are advised that filing motions and/or stipulations requesting leave to

8

amend the pleadings does not reflect on the propriety of the amendment or imply good cause to modify

9

the existing schedule, if necessary. All proposed amendments must (A) be supported by good cause

10

pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any modification to the existing schedule,

11

see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish, under

12

Fed. R. Civ. P. 15(a), that such an amendment is not (1) prejudicial to the opposing party, (2) the

13

product of undue delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis, 371 U.S. 178, 182

14

(1962).

15

III.

16
17
18
19
20

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 7, 2023.
The parties are ordered to complete all discovery pertaining to non-experts on or before
September 11, 2023, and all discovery pertaining to experts on or before October 18, 2023.
The parties are directed to disclose all expert witnesses1, in writing, on or before September 25,

21

2023, and to disclose all rebuttal experts on or before October 13, 2023. The written designation of

22

retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and

23

(C) and shall include all information required thereunder. Failure to designate experts in compliance

24

with this order may result in the Court excluding the testimony or other evidence offered through such

25

experts that are not disclosed pursuant to this order.

26
27
28

1

In the event an expert will offer opinions related to an independent medical or mental health
evaluation, the examination SHALL occur sufficiently in advance of the disclosure deadline so the expert’s
report fully details the expert’s opinions in this regard.

3

Case 1:22-cv-01251-ADA-CDB Document 13 Filed 01/18/23 Page 4 of 7

The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts

1
2

and their opinions. Experts must be fully prepared to be examined on all subjects and opinions

3

included in the designation. Failure to comply will result in the imposition of sanctions, which may

4

include striking the expert designation and preclusion of expert testimony.
The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement

5
6

disclosures and responses to discovery requests will be strictly enforced.

7

A mid-discovery status conference is scheduled for July 18, 2023, at 9:00 a.m. before

8

Magistrate Judge Christopher D. Baker. Counsel SHALL file a joint mid-discovery status conference

9

report no later than one week before the conference. Counsel also SHALL lodge the joint status report

10

via e-mail to [e-mail]. The joint status report SHALL outline the discovery

11

counsel have completed and that which needs to be completed as well as any impediments to

12

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

13

settlement and certify in the joint status report (1) that they have met/conferred regarding settlement,

14

and (2) proposed dates for convening a settlement conference before a U.S. magistrate judge.

15

IV.

16

Pre-Trial Motion Schedule
All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later

17

than September 28, 20232 and heard on or before November 2, 2023. Discovery motions shall be set

18

before Magistrate Judge Baker. For these hearings and at the direction of the Courtroom Deputy Clerk,

19

the Court may permit counsel to appear remotely (via Zoom) or via teleconference [[phone],

20

Access Code 6966236] provided the Courtroom Deputy Clerk receives a written notice of the intent to

21

appear telephonically no later than five court days before the noticed hearing date. All other non-

22

dispositive hearings SHALL be set before Judge de Alba.

23

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

24

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

25

discovery motions shall be filed without the prior approval Magistrate Judge Baker. A party with a

26
27
28

2

Non-dispositive motions related to non-expert discovery SHALL be filed within a reasonable time of
discovery of the dispute, but in no event later than 30 days after the expiration of the non-expert discovery
deadline.

4

Case 1:22-cv-01251-ADA-CDB Document 13 Filed 01/18/23 Page 5 of 7

1

discovery dispute must first confer with the opposing party in a good faith effort to resolve by

2

agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly

3

shall seek a telephonic hearing with all involved parties and Magistrate Judge Baker. To schedule this

4

telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at (661)

5

326-6620 or via email at [e-mail]. At least three days before the conference, counsel

6

SHALL file informal letter briefs detailing their positions. The briefs may not exceed 7 pages,

7

excluding exhibits. Counsel must comply with Local Rule 251 with respect to discovery disputes or

8

the motion will be denied without prejudice and dropped from the Court’s calendar.
All dispositive pre-trial motions shall be filed no later than October 31, 2023, and heard no

9
10

later than December 5, 2023, in Courtroom 1 at 1:30 p.m. before the Honorable Ana de Alba, United

11

States District Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 and

12

Local Rules 230 and 260.

13

V.

14

Motions for Summary Judgment or Summary Adjudication
At least 21 days before filing a motion for summary judgment or motion for summary

15

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

16

be raised in the motion.

17

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

18

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

19

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

20

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

21

expense of briefing a motion; and 6) to develop a joint statement of undisputed facts.

22

The moving party SHALL initiate the meeting and SHALL provide a complete, proposed

23

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

24

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

25

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

26

statement of undisputed facts.

27
28

In the notice of motion, the moving party SHALL certify that the parties have met and
conferred as ordered above or set forth a statement of good cause for the failure to meet and confer.
5

Case 1:22-cv-01251-ADA-CDB Document 13 Filed 01/18/23 Page 6 of 7

1

Failure to comply may result in the motion being stricken.

2

VI.

April 8, 2024, at 1:30 p.m. in Courtroom 1 before the Honorable Ana de Alba, United States

3
4

Pre-Trial Conference Date

District Judge.

5

The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). The

6

parties are further directed to submit a digital copy of their pretrial statement in Word format, directly

7

to Judge de Alba's chambers, by email at [e-mail].
Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the

8
9

Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference.

10

The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the

11

Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the

12

Court to explain the nature of the case to the jury during voir dire.

13

VII.

June 11, 2024, at 8:30 a.m. in Courtroom 1 before the Honorable Ana de Alba, United States

14
15

Trial Date

District Judge.

16

A.

This is a jury trial.

17

B.

Counsels' Estimate of Trial Time: 4 days

18

C.

Counsels' attention is directed to Local Rules of Practice for the Eastern District of

19

California, Rule 285.

20

VIII. Settlement Conference

21

The parties are advised that Judge de Alba requires that a mandatory settlement conference be

22

conducted prior to trial by a federal judge. Where the parties filed a summary judgment/adjudication

23

motion, a settlement conference shall be scheduled 30 days after the motion is fully briefed. In cases

24

where the parties do not file a summary judgment/adjudication motions, a settlement conference shall

25

be scheduled 30 days after the last day for the filing of dispositive motions. Unless otherwise requested

26

by the parties, the Settlement Conference will be set before Magistrate Judge Baker.

27

///

28
6

Case 1:22-cv-01251-ADA-CDB Document 13 Filed 01/18/23 Page 7 of 7

1

IX.

Request for Bifurcation, Appointment of Special Master, or other

2

Techniques to Shorten Trial

3

Not applicable at this time.

4

X.

Related Matters Pending
There are no pending related matters.

5
6

XI.

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

7
8

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

9

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

10

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

11

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

12

XII.

13

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

14

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

15

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

16

to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by

17

subsequent status conference.

18

The dates set in this Order are considered to be firm and will not be modified absent a showing

19

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

20

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

21

where appropriate attached exhibits, which establish good cause for granting the relief requested.

22
23
24
25

Failure to comply with this order may result in the imposition of sanctions.
IT IS SO ORDERED.
Dated:

January 17, 2023

___________________

_

UNITED STATES MAGISTRATE JUDGE

26
27
28
7