Capp v. Nordstrom, Inc.

Filing 30

SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr on 5/28/14: Discovery due by 10/1/2014. The last day to hear summary judgment motions as to individual claims shall be 12/4/14. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT CAPP, on behalf of himself
and all others simiilarly situated,
Plaintiff,

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v.

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No. 2:13-cv-00660-MCE-AC

SCHEDULING ORDER

NORDSTROM, INC., a Washington
corporation,

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Defendant.

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After reviewing the parties’ Joint Status Report, the Court makes the following

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Scheduling Order.

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I.

SERVICE OF PROCESS
All named Defendants have been served and no further service is permitted

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without leave of court, good cause having been shown.

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II.

ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS
No joinder of parties or amendments to pleadings is permitted without leave of

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court, good cause having been shown.

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III.

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JURISDICTION/VENUE
Jurisdiction is predicated upon 28 U.S.C. sections 1332(d) and 1441(a).

Jurisdiction and venue are not contested.
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IV.

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DISCOVERY
All discovery as to Plaintiff’s individual claim shall be completed by October 1,

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2014. In this context, “completed” means that all discovery shall have been conducted

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so that all depositions have been taken and any disputes relative to discovery shall have

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been resolved by appropriate order if necessary and, where discovery has been

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ordered, the order has been obeyed. All motions to compel discovery must be noticed

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on the magistrate judge’s calendar in accordance with the local rules of this Court.

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VI.

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MOTION HEARING SCHEDULE
The last day to hear summary judgment motions as to individual claims shall be

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December 4, 2014. All papers should be filed in conformity with the Local Rules.

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However, the parties shall comply with the following filing deadlines:
Motion for Summary
Judgment

filed at least 8 weeks prior to hearing

Opposition and any
cross-motion

filed at least 5 weeks prior to hearing

Reply and opposition to
cross-motion

filed at least 3 weeks prior to hearing

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Reply to cross-motion

filed at least 1 week prior to hearing

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Absent leave of the Court, all issues the parties wish to resolve on summary

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judgment must be raised together in one (1) motion or cross-motion. Should the parties

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wish to file additional motions for summary judgment, they must seek leave of the Court.

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The parties are directed to the Court’s website for available hearing dates.

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(www.caed.uscourts.gov → choose Judges → choose Judge England → choose

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Standard Information)
All purely legal issues are to be resolved by timely pretrial motions. Failure to

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comply with Local Rules 230 and 260, as modified by this Order, may be deemed

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consent to the motion and the Court may dispose of the motion summarily.

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Further, failure to timely oppose a summary judgment motion1 may result in the granting

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of that motion if the movant shifts the burden to the nonmovant to demonstrate that a

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genuine issue of material fact remains for trial.

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The Court places a page limit for points and authorities (exclusive of exhibits and

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other supporting documentation) of twenty (20) pages on all initial moving papers, twenty

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(20) pages on oppositions, and ten (10) pages for replies. All requests for page limit

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increases must be made in writing to the Court setting forth any and all reasons for any

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increase in page limit at least fourteen (14) days prior to the filing of the motion.

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For the Court’s convenience, citations to the Supreme Court Lexis database

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should include parallel citations to the Westlaw database.

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VII.

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OTHER
The parties shall file a Joint Status Report not later than thirty (30) days following

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the Court’s ruling as to the motions for summary judgment. All other necessary dates

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and deadlines pertaining to class certification proceedings, including dates for the Final

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Pretrial Conference and Trial, will be established thereafter.

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VIII.

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OBJECTIONS TO PRETRIAL SCHEDULING ORDER
This Pretrial Scheduling Order will become final without further order of the Court

unless objections are filed within seven (7) court days of service of this Order.
IT IS SO ORDERED.
Dated: May 28, 2014

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The Court urges any party that contemplates bringing a motion for summary judgment or who
must oppose a motion for summary judgment to review Local Rule 260.

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