Hoang et al v. Vinh Phat Supermarket et al
Filing
38
STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 9/24/13: Discovery due by 10/30/2013. Dispositive Motions filed by 2/13/2015. Final Pretrial Conference set for 4/13/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 6/16/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JEANETTE HOANG, YUN WU, GUANG
GU XIANG, MENGTING FANNY KUO,
GIA NHAM THANH, EDMOND CAU
VAN, GAO ZHI WEI, DANNY HUNG
LEUNG, YE-GUI BU, and COOC
MAN COONG,
NO. CIV 2:13-00724 WBS EFB
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Plaintiffs,
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v.
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VINH PHAT SUPERMARKET, INC.,
a California Corporation; SAU
V. VONG, as an individual;
CAM LY, as an individual;
SUYING PLASKETT, as an
individual, and DOES 1 to
100, inclusive
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Defendants,
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AND RELATED COUNTERCLAIMS AND
THIRD-PARTY COMPLAINT.
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STATUS (PRETRIAL SCHEDULING) ORDER
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After reviewing the parties’ Joint Status Report, and having
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received no input from the third-party defendant, the court
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hereby vacates the Status (Pretrial Scheduling) Conference
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scheduled for September 30, 2013, and makes the following
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findings and orders without needing to consult with the parties
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any further.
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I.
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All remaining defendants have been served, and no
SERVICE OF PROCESS
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further service is permitted without leave of court, good cause
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having been shown under Federal Rule of Civil Procedure 16(b).
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II.
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After October 30, 2013, no further joinder of parties
JOINDER OF PARTIES/AMENDMENTS
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or amendments to pleadings will be permitted except with leave of
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court, good cause having been shown under Federal Rule of Civil
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Procedure 16(b).
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F.2d 604 (9th Cir. 1992).
See Johnson v. Mammoth Recreations, Inc., 975
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III. JURISDICTION/VENUE
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Jurisdiction is predicated upon federal question
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jurisdiction, 28 U.S.C. § 1331, because plaintiff’s claims arise
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under the Fair Labor Standards Act, 29 U.S.C. §§ 206-207.
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Supplemental jurisdiction is predicated upon 28 U.S.C. § 1367.
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Venue is undisputed and is hereby found to be proper.
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IV.
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The parties shall serve the initial disclosures
DISCOVERY
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required by Federal Rule of Civil Procedure 26(a)(1) by no later
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than October 30, 2013.
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The parties shall disclose experts and produce reports
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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no
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later than September 12, 2014.
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intended solely for rebuttal, those experts shall be disclosed
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and reports produced in accordance with Federal Rule of Civil
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Procedure 26(a)(2) on or before October 14, 2014.
With regard to expert testimony
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All discovery, including depositions for preservation
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of testimony, is left open, save and except that it shall be so
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conducted as to be completed by December 15, 2014.
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“completed” means that all discovery shall have been conducted so
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that all depositions have been taken and any disputes relevant to
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discovery shall have been resolved by appropriate order if
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necessary and, where discovery has been ordered, the order has
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been obeyed.
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the magistrate judge’s calendar in accordance with the local
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rules of this court and so that such motions may be heard (and
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any resulting orders obeyed) not later than December 15, 2014.
The word
All motions to compel discovery must be noticed on
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V.
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All motions, except motions for continuances, temporary
MOTION HEARING SCHEDULE
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restraining orders, or other emergency applications, shall be
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filed on or before February 13, 2015.
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noticed for the next available hearing date.
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cautioned to refer to the local rules regarding the requirements
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for noticing and opposing such motions on the court’s regularly
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scheduled law and motion calendar.
All motions shall be
Counsel are
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VI.
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The Final Pretrial Conference is set for April 13,
FINAL PRETRIAL CONFERENCE
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2015, at 2:00 p.m. in Courtroom No. 5.
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attended by at least one of the attorneys who will conduct the
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The conference shall be
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trial for each of the parties and by any unrepresented parties.
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Counsel for all parties are to be fully prepared for
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trial at the time of the Pretrial Conference, with no matters
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remaining to be accomplished except production of witnesses for
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oral testimony.
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and are referred to Local Rules 281 and 282 relating to the
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contents of and time for filing those statements.
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those subjects listed in Local Rule 281(b), the parties are to
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provide the court with: (1) a plain, concise statement which
Counsel shall file separate pretrial statements,
In addition to
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identifies every non-discovery motion which has been made to the
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court, and its resolution; (2) a list of the remaining claims as
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against each defendant; and (3) the estimated number of trial
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days.
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In providing the plain, concise statements of
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undisputed facts and disputed factual issues contemplated by
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Local Rule 281(b)(3)-(4), the parties shall emphasize the claims
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that remain at issue, and any remaining affirmatively pled
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defenses thereto.
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parties shall also prepare a succinct statement of the case,
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which is appropriate for the court to read to the jury.
If the case is to be tried to a jury, the
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VII.
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The trial is set for June 16, 2015, at 9:00 a.m.
TRIAL SETTING
The
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court notes that a jury trial has been demanded and that the
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parties have estimated that the trial will last between twenty
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and thirty trial days.
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the court’s heavy caseload, and the priority which other types of
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actions must take over civil cases of this nature, it is highly
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unlikely that the court will be able to allocate twenty to thirty
Counsel should take note that because of
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da
ays to th trial of this case.
he
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VIII. SE
ETTLEMENT CONFERE
T
ENCE
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A Settle
ement Con
nference will be set at the time of the
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Pr
retrial Conferenc
C
ce.
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th court whether they wil stipul
he
ll
late to t
the trial judge acting
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as settlem
s
ment judg and wa
ge
aive disq
qualifica
ation by virtue thereof.
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All parties should b prepared to advise
be
Counsel are inst
tructed t have a principal with full
to
h
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se
ettlement authori
t
ity prese
ent at th Settle
he
ement Conference or to
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be fully authorize to set
e
a
ed
ttle the matter o any terms.
on
A least
At
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se
even cale
endar day before the Set
ys
e
ttlement Conference counsel for
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ea
ach party shall submit a confiden
y
s
ntial Set
ttlement Conference
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St
tatement for revi
iew by th settle
he
ement jud
dge.
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ju
udge is not the trial jud
n
t
dge, the Settleme
ent Conference
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St
tatements shall not be fi
s
n
iled and will not otherwise be d
t
disclosed
d
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to the tri
o
ial judge
e.
If the settlement
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IX.
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Any requ
uests to modify t
the dates or terms of th
s
his
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Sc
cheduling Order, except requests to chang the date of the
g
r
ge
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tr
rial, may be hear and de
y
rd
ecided by the ass
y
signed M
Magistrate Judge.
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Al reques
ll
sts to ch
hange the trial d
e
date shal be heard and decided
ll
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on
nly by th unders
he
signed ju
udge.
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Da
ated:
MOD
DIFICATIO
ONS TO SC
CHEDULING ORDER
G
Se
eptember 24, 2013
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