Leggett et al v. Cooperative Personnel Services

Filing 23

STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Senior Judge Lawrence K. Karlton on 8/12/09: The matter is referred to Magistrate Judge Kimberly J. Mueller to hold a discovery conference. Magistrate Judge Mueller will set a date and order such documents as she believes necessary, upon completion of the conference. The parties are to request a further status conference before this court. (Kaminski, H)

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ANTHONY LEGGETT, MICHAEL BORTON, LESANN DORFLER, 11 AIMEE UHLER, on behalf of themselves and others 12 similarly situated, NO. CIV. S-09-1253 LKK/KJM 13 Plaintiffs, 14 v. 15 COOPERATIVE PERSONNEL 16 SERVICES, d/b/a CPS HUMAN RESOURCE SERVICES, 17 Defendants. 18 / 19 STATUS (PRETRIAL SCHEDULING) CONFERENCE 20 READ THIS ORDER CAREFULLY. 21 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND 22 PARTIES MUST COMPLY. 23 ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER 24 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN 25 ORDER OF JUDGMENT. 26 1 A FAILURE TO COMPLY WITH THE TERMS OF THIS IT CONTAINS IMPORTANT DATES WHICH

1

Pursuant

to

court

order,

a

Status

(Pretrial

Scheduling)

2 Conference was held in chambers on August 10, 2009.

Adel A. Nadji

3 and Kelly Swanson appeared as counsel for plaintiffs; Howard B. 4 Golds and Robb D. McFadden appeared as counsel for defendants. 5 After hearing, the court makes the following findings and orders: 6 7 SERVICE OF PROCESS All parties defendant have been served and no further service

8 is permitted except with leave of court, good cause having been 9 shown. 10 11 JOINDER OF PARTIES/AMENDMENTS The plaintiffs may continue to join by filing a notice

12 thereof. 13 14 JURISDICTION/VENUE Jurisdiction is predicated upon 29 U.S.C. § 216(b) is

15 undisputed and is hereby found to be proper, as is venue. 16 17 MISCELLANEOUS PROVISIONS The matter is referred to Magistrate Judge Kimberly J. Mueller Magistrate Judge Mueller will set

18 to hold a discovery conference.

19 a date and order such documents as she believes necessary, upon 20 completion of the conference. The parties are to request a further 21 status conference before this court. 22 The parties are reminded that pursuant to Fed. R. Civ. P.

23 16(b), the Status (pretrial scheduling) Order shall not be modified 24 except by leave of court upon a showing of good cause. 25 cautioned that changes to any of the scheduled Counsel are dates will

26 necessarily result in changes to all other dates. Thus, even where 2

1 good cause has been shown, the court will not grant a request to 2 change the discovery cutoff date without modifying the pretrial and 3 trial dates. 4 Agreement by the parties pursuant to stipulation does not

5 constitute good cause. Nor does the unavailability of witnesses or 6 counsel, except in extraordinary circumstances, constitute good 7 cause. 8 The parties are reminded of their continuing obligation to

9 supplement their statements relative to the identification of 10 parent corporations and any publicly held company that owns 10% or 11 more of the party's stock within a reasonable time of any change in 12 the information. 13 The parties are admonished that they are not to cite or refer

14 to any of the quotations inscribed in the pavers on the front plaza 15 of the United States Courthouse in any written or oral presentation 16 to the court or a jury. 17 There appear to be no other matters presently pending before

18 the court that will aid the just and expeditious disposition of 19 this matter. 20 21 22 23 24 25 26 3 IT IS SO ORDERED. DATED: August 12, 2009.