Watchers v. Basra et al

Filing 15

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge William B. Shubb on 5/24/12: Discovery due by 6/29/2012. Dispositive Motions filed by 3/4/2013. Final Pretrial Conference set for 5/13/2013 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb. Bench Trial set for 7/16/2013 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

----oo0oo---SARAH WATCHERS,
NO. CIV. 2:12-472 WBS GGH

13

Plaintiff,

14
15
16

v.
PHILLIP S. BASRA dba TACO BELL
#003560; RITA K. BASRA dba TACO
BELL #003560; PRB MANAGEMENT
LLC,

17
Defendants.
18

/

19

----oo0oo----

20

STATUS (PRETRIAL SCHEDULING) ORDER

21

After reviewing the parties’ Joint Status Report, the

22

court hereby vacates the Status (Pretrial Scheduling) Conference

23

scheduled for May 29, 2012.

24

I.

SERVICE OF PROCESS

25

The named defendants have been served and no further

26

service is permitted without leave of court, good cause having

27

been shown under Federal Rule of Civil Procedure 16(b).

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

§ 1367.

Supplemental jurisdiction is based on 28 U.S.C.

Venue is undisputed and is hereby found to be proper.

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 June 29, 2012.

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 October 31, 2012.

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 November 30, 2012.

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 15, 2013.

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 15, 2013.

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 4, 2013.

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 13, 2013,

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.

11

The trial is set for July 16, 2013, at 9:00 a.m.

12

TRIAL SETTING
The

parties estimate that a bench trial will last one to three days.

13

VIII. SETTLEMENT CONFERENCE

14

A Settlement Conference will be set at the time of the

15

Pretrial Conference.

16

the court whether they will stipulate to the trial judge acting

17

as settlement judge and waive disqualification by virtue thereof.

18

All parties should be prepared to advise

Counsel are instructed to have a principal with full

19

settlement authority present at the Settlement Conference or to

20

be fully authorized to settle the matter on any terms.

21

seven calendar days before the Settlement Conference counsel for

22

each party shall submit a confidential Settlement Conference

23

Statement for review by the settlement judge.

24

judge is not the trial judge, the Settlement Conference

25

Statements shall not be filed and will not otherwise be disclosed

26

to the trial judge.

At least

If the settlement

27

IX.

MODIFICATIONS TO SCHEDULING ORDER

28

Any requests to modify the dates or terms of this
4

1

Scheduling Order, except requests to change the date of the

2

trial, may be heard and decided by the assigned Magistrate Judge.

3

All requests to change the trial date shall be heard and decided

4

only by the undersigned judge.

5

DATED: May 24, 2012

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5