Baldino-Miller v. Courtyard Management Corporation et al

Filing 40

AMENDED PRELIMINARY SCHEDULING ORDER signed by Magistrate Judge Barbara A. McAuliffe on 1/8/2025. Mid-Discovery Status Conference set for 2/4/2025 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Class Certificat ion Written Discovery Cutoff: April 18, 2025. Class Certification Motion Filing Deadline: June 6, 2025. Class Certification Opposition Deadline: August 8, 2025. Class Certification Reply Deadline: October 3, 2025. Motion Hearing set for 10/23/2025 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Deputy Clerk CLA)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMANDA BALDINO-MILLER, on
behalf of herself and all similarly
aggrieved employees,

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Plaintiff,

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v.
COURTYARD MANAGEMENT
CORPORATION, et al.,

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Defendants.

Case No. 1:23-cv-01613-KES-BAM
AMENDED
PRELIMINARY SCHEDULING ORDER
Mid-Discovery
Status Conference:

February 4, 2025, 9:00 a.m.
Courtroom 8 (BAM)

Class Certification
Written Discovery Cutoff:

April 18, 2025

Class Certification
Motion Filing Deadline:

June 6, 2025

Class Certification
Opposition Deadline:

August 8, 2025

Class Certification
Reply Deadline:

October 3, 2025

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Class Certification
Motion Hearing

October 23, 2025, 9:00 a.m.
Courtroom 8 (BAM)

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On January 8, 2025, the Court held a status conference with the parties. Counsel Patricia

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Stambelos appeared by video on behalf of Plaintiff Amanda Baldino-Miller. Counsel Kristi Thomas

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appeared by video on behalf of Defendants Courtyard Management Corporation (now known as

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Courtyard Management, LLC) and Marriott International, Inc. During the conference, the Court noted
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a typographical error in the class certification briefing scheduling set forth in the Preliminary

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Scheduling Order issued on September 10, 2024. (Doc. 28.) The Preliminary Scheduling Conference

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Order is therefore amended to correct the error.

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A.

Consent To Magistrate Judge

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Pursuant to 28 U.S.C. § 636(c), the parties have not consented to conduct all further

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proceedings in this case, including trial, before the Honorable Barbara A. McAuliffe, United States

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Magistrate Judge.

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B.

Initial disclosures have been completed.

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Fed. R. Civ. P. 26(a)(1) Initial Disclosures

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Preliminary Class Certification Dates

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After discussion with counsel, the Court SETS the following dates for class certification:

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Class Certification Written Discovery Cutoff:

April 18, 2025

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2.

Class Certification Motion Filing Deadline:

June 6, 2025

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3.

Class Certification Opposition Deadline:

August 8, 2025

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4.

Class Certification Reply Deadline:

October 3, 2025

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5.

Class Certification Motion Hearing

October 23, 2025
Time: 9:00 AM
Dept: 8 (BAM)

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As discussed at the conference, the parties will conduct class certification discovery in two

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phases. First, the parties will conduct written discovery concerning class certification issues. While

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the motion for class certification is pending, the parties may conduct depositions of any expert

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witnesses or declarants disclosed in the parties’ briefings on class certification. Defendants may take

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depositions after the motion is filed, and Plaintiff may take depositions after the opposition is filed.

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The parties are reminded of the deposition limitations set forth in the Federal Rules of Civil Procedure.

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Compliance with the discovery deadlines requires motions to compel be filed and heard sufficiently in

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advance of the respective discovery cutoff dates so that the court may grant effective relief within the

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allotted discovery time. A party’s failure to have a discovery dispute heard sufficiently in advance of

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the discovery cutoff may result in denial of the motion as untimely.

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D.

Preliminary Discovery – Individual Claims
As agreed by the parties, discovery related to Plaintiff’s individual claims shall proceed

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simultaneously with discovery on class certification issues. However, all discovery on Plaintiff’s

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individual claims shall be held in abeyance from April 18, 2025, through October 3, 2025, during class

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certification briefing.

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E.

Mid-Discovery Status Conference

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The Court sets a mid-discovery status conference for February 4, 2025, at 9:00 a.m. in

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Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties shall file a Joint

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Status Report at least one full week prior to the conference. The parties shall appear at the conference

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remotely with each party connecting either via Zoom video conference or Zoom telephone number.

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The parties will be provided with the Zoom ID and password by the Courtroom Deputy prior to the

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conference. The Zoom ID number and password are confidential and are not to be shared.

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Appropriate court attire required.

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F.

Law and Motion

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Non-dispositive motions are heard on Fridays at 9:00 a.m. in Courtroom 8 before the

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Honorable Barbara A. McAuliffe, United States Magistrate Judge. Before scheduling such motions,

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the parties shall comply with Local Rule 230 or Local Rule 251.

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Counsel must comply with Local Rule 251 with respect to discovery disputes or the motion

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will be denied without prejudice and dropped from calendar. In addition to filing a joint statement

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electronically, a copy of the joint statement shall also be sent Judge McAuliffe’s chambers by email to

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[e-mail]. Counsel for the parties are additionally required to conduct at least one

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telephonic or in person conference as part of their obligations to meet and confer in good faith to

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resolve their discovery dispute prior to seeking judicial intervention. The parties are further cautioned

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that boilerplate objections to written discovery will be summarily denied.

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Upon stipulation of the parties, Judge McAuliffe will resolve discovery disputes by informal

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telephonic conference outside the formal procedures of the Local Rules and Federal Rules of Civil

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Procedure governing noticed motions to compel. The procedures for requesting an informal

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telephonic conference are set forth in Judge McAuliffe’s Case Management Procedures located on the
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Court’s website, http://www.caed.uscourts.gov. If the parties stipulate to an informal ruling on a

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discovery dispute that arises during a deposition, they may request an informal ruling during the

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deposition by contacting Judge McAuliffe’s Courtroom Deputy, Esther Valdez, by telephone at (559)

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499-5788.

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The parties are advised that unless prior leave of the Court is obtained, all moving and

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opposition briefs or legal memorandum in matters before Judge McAuliffe shall not exceed twenty-

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five (25) pages. Reply briefs by the moving party shall not exceed ten (10) pages. These page

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limitations do not include exhibits. Briefs that exceed this page limitation, or are sought to be filed

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without leave, may not be considered by the Court.

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Counsel or pro se parties may appear and argue motions before Judge McAuliffe by telephone

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by dialing the Court’s teleconference line at [phone] and entering access code 3219139, or by

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zoom video conference, provided they indicate their intent to appear telephonically or by video

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conference on their pleadings or by email to [e-mail] at least one week prior to the

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hearing. If the parties request video conference, the parties shall be provided with the Zoom ID and

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password by the Courtroom Deputy prior to the conference. The Zoom ID number and password are

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confidential and are not to be shared. Appropriate court attire required.

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Motions for Summary Judgment or Summary Adjudication

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Prior to filing a motion for summary judgment or motion for summary adjudication the parties

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are ORDERED to meet, in person or by telephone, and confer to discuss the issues to be raised in the

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motion.
The purpose of 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 summary judgment motion; and 6) to arrive at a joint statement of undisputed

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facts.

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The moving party shall initiate the meeting and provide a draft of the joint statement of

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undisputed facts. In addition to the requirements of Local Rule 260, the moving party shall file a 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 and set forth a statement of good cause for the failure to meet and confer.

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Young Attorneys and Motions before Judge McAuliffe

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Hearings on Motions before Judge McAuliffe are often vacated and submitted upon the record

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and briefs. See L.R. 230(g). However, the Court recognizes the value and importance of training

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young attorneys, and the Court encourages the parties to consider assigning the oral argument to an

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attorney with seven (7) years or less experience out of law school. If any party provides notification

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that a young attorney from at least one party will argue the motion, the Court will hold the hearing as

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scheduled. The parties shall so notify the Court by separately including a section after the conclusion

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of the motion, opposition, or reply briefing requesting the hearing remain on calendar. If no party

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provides such notice, the hearing may be vacated without further notice.

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G.

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Effect of This Order
This order represents the best estimate of the Court and counsel as to the agenda most suitable

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for this case. If the parties determine at any time that the schedule outlined in this order cannot be

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met, counsel are ordered to notify the Court immediately of that fact so that adjustments may be made,

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either by stipulation or by subsequent status conference. The dates set in this Order are considered

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to be firm and will not be modified absent a showing of good cause even if the request to modify

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is made by stipulation. Stipulations extending the deadlines contained herein will not be

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considered unless they are accompanied by affidavits or declarations, and where appropriate,

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attached exhibits, which establish good cause for granting the relief requested. The failure to

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comply with this order may result in the imposition of sanctions.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara A. McAuliffe

January 8, 2025

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UNITED STATES MAGISTRATE JUDGE

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