Johnson v. Chan et al

Filing 9

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge William B. Shubb on 9/15/11 ORDERING that the 9/19/2011 Status (Pretrial Scheduling) Conference is hereby VACATED. All Discovery shall be completed by 1/23/2012. Designation of Expert Witnesses is due by 11/28/2011, and any expert rebuttal is due by 12/22/2011. All motions except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 3/5/2012. The Final Pretrial Conference is set for 5/29/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. The Jury Trial is set for 7/24/2012 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. The trial is estimated to last three days. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 SCOTT N. JOHNSON, NO. CIV. 2:11-1370 WBS JFM 13 Plaintiff, 14 15 v. JIMMY CHAN; PI-LANG CHAN; LEE J. CHEN; CHAO CHEN, 16 Defendants. 17 / 18 ----oo0oo---- 19 STATUS (PRETRIAL SCHEDULING) ORDER 20 After reviewing the parties’ Joint Status Report, the 21 court hereby vacates the Status (Pretrial Scheduling) Conference 22 scheduled for September 19, 2011. 23 I. SERVICE OF PROCESS 24 The named defendants have been served and no further 25 service is permitted without leave of court, good cause having 26 been shown under Federal Rule of Civil Procedure 16(b). 27 /// 28 /// 1 1 II. JOINDER OF PARTIES/AMENDMENTS 2 No further joinder of parties or amendments to 3 pleadings will be permitted except with leave of court, good 4 cause having been shown under Federal Rule of Civil Procedure 5 16(b). 6 (9th Cir. 1992). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 7 III. JURISDICTION/VENUE 8 Jurisdiction is predicated upon federal question 9 jurisdiction, 28 U.S.C. § 1331, because plaintiff has brought 10 claims under the Americans with Disabilities Act, 42 U.S.C. §§ 11 12101-12183. 12 proper. Venue is undisputed and is hereby found to be 13 IV. DISCOVERY 14 The parties shall serve the initial disclosures 15 required by Federal Rule of Civil Procedure 26(a)(1) by no later 16 than October 11, 2011. 17 The parties shall disclose experts and produce reports 18 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 19 later than November 28, 2011. 20 intended solely for rebuttal, those experts shall be disclosed 21 and reports produced in accordance with Federal Rule of Civil 22 Procedure 26(a)(2) on or before December 22, 2011. With regard to expert testimony 23 All discovery, including depositions for preservation 24 of testimony, is left open, save and except that it shall be so 25 conducted as to be completed by January 23, 2012. 26 “completed” means that all discovery shall have been conducted so 27 that all depositions have been taken and any disputes relevant to 28 discovery shall have been resolved by appropriate order if 2 The word 1 necessary and, where discovery has been ordered, the order has 2 been obeyed. 3 the magistrate judge’s calendar in accordance with the local 4 rules of this court and so that such motions may be heard (and 5 any resulting orders obeyed) not later than January 23, 2012. All motions to compel discovery must be noticed on 6 V. MOTION HEARING SCHEDULE 7 All motions, except motions for continuances, temporary 8 restraining orders, or other emergency applications, shall be 9 filed on or before March 5, 2012. All motions shall be noticed 10 for the next available hearing date. Counsel are cautioned to 11 refer to the local rules regarding the requirements for noticing 12 and opposing such motions on the court’s regularly scheduled law 13 and motion calendar. 14 VI. FINAL PRETRIAL CONFERENCE 15 The Final Pretrial Conference is set for May 29, 2012, 16 at 2:00 p.m. in Courtroom No. 5. 17 attended by at least one of the attorneys who will conduct the 18 trial for each of the parties and by any unrepresented parties. 19 The conference shall be Counsel for all parties are to be fully prepared for 20 trial at the time of the Pretrial Conference, with no matters 21 remaining to be accomplished except production of witnesses for 22 oral testimony. 23 and are referred to Local Rules 281 and 282 relating to the 24 contents of and time for filing those statements. 25 those subjects listed in Local Rule 281(b), the parties are to 26 provide the court with: (1) a plain, concise statement which 27 identifies every non-discovery motion which has been made to the 28 court, and its resolution; (2) a list of the remaining claims as Counsel shall file separate pretrial statements, 3 In addition to 1 against each defendant; and (3) the estimated number of trial 2 days. 3 In providing the plain, concise statements of 4 undisputed facts and disputed factual issues contemplated by 5 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 6 that remain at issue, and any remaining affirmatively pled 7 defenses thereto. 8 parties shall also prepare a succinct statement of the case, 9 which is appropriate for the court to read to the jury. If the case is to be tried to a jury, the 10 VII. TRIAL SETTING 11 The jury trial is set for July 24, 2012, at 9:00 a.m. 12 The parties estimate the a bench trial will last three days and a 13 jury trial will last four days. 14 VIII. SETTLEMENT CONFERENCE & VDRP 15 Plaintiff has expressed an interest in pursuing the 16 Voluntary Dispute Resolution Program, which he may pursue 17 pursuant to Eastern District Local Rule 271(c)(3). 18 A Settlement Conference will be set at the time of the 19 Pretrial Conference. 20 the court whether they will stipulate to the trial judge acting 21 as settlement judge and waive disqualification by virtue thereof. 22 All parties should be prepared to advise Counsel are instructed to have a principal with full 23 settlement authority present at the Settlement Conference or to 24 be fully authorized to settle the matter on any terms. 25 seven calendar days before the Settlement Conference counsel for 26 each party shall submit a confidential Settlement Conference 27 Statement for review by the settlement judge. 28 judge is not the trial judge, the Settlement Conference 4 At least If the settlement 1 Statements shall not be filed and will not otherwise be disclosed 2 to the trial judge. 3 IX. MODIFICATIONS TO SCHEDULING ORDER 4 Any requests to modify the dates or terms of this 5 Scheduling Order, except requests to change the date of the 6 trial, may be heard and decided by the assigned Magistrate Judge. 7 All requests to change the trial date shall be heard and decided 8 only by the undersigned judge. 9 DATED: September 15, 2011 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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