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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
----oo0oo---11
12
13
14

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

15
Plaintiffs,
16
v.
17
18
19
20

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

21
Defendants,
22
23
24

AND RELATED COUNTERCLAIMS AND
THIRD-PARTY COMPLAINT.

25
26
27

----oo0oo----

28
1

1

STATUS (PRETRIAL SCHEDULING) ORDER

2

After reviewing the parties’ Joint Status Report, and having

3

received no input from the third-party defendant, the court

4

hereby vacates the Status (Pretrial Scheduling) Conference

5

scheduled for September 30, 2013, and makes the following

6

findings and orders without needing to consult with the parties

7

any further.

8

I.

9

All remaining defendants have been served, and no

SERVICE OF PROCESS

10

further service is permitted without leave of court, good cause

11

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

12

II.

13

After October 30, 2013, no further joinder of parties

JOINDER OF PARTIES/AMENDMENTS

14

or amendments to pleadings will be permitted except with leave of

15

court, good cause having been shown under Federal Rule of Civil

16

Procedure 16(b).

17

F.2d 604 (9th Cir. 1992).

See Johnson v. Mammoth Recreations, Inc., 975

18

III. JURISDICTION/VENUE

19

Jurisdiction is predicated upon federal question

20

jurisdiction, 28 U.S.C. § 1331, because plaintiff’s claims arise

21

under the Fair Labor Standards Act, 29 U.S.C. §§ 206-207.

22

Supplemental jurisdiction is predicated upon 28 U.S.C. § 1367.

23

Venue is undisputed and is hereby found to be proper.

24

IV.

25

The parties shall serve the initial disclosures

DISCOVERY

26

required by Federal Rule of Civil Procedure 26(a)(1) by no later

27

than October 30, 2013.

28

The parties shall disclose experts and produce reports
2

1

in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

2

later than September 12, 2014.

3

intended solely for rebuttal, those experts shall be disclosed

4

and reports produced in accordance with Federal Rule of Civil

5

Procedure 26(a)(2) on or before October 14, 2014.

With regard to expert testimony

6

All discovery, including depositions for preservation

7

of testimony, is left open, save and except that it shall be so

8

conducted as to be completed by December 15, 2014.

9

“completed” means that all discovery shall have been conducted so

10

that all depositions have been taken and any disputes relevant to

11

discovery shall have been resolved by appropriate order if

12

necessary and, where discovery has been ordered, the order has

13

been obeyed.

14

the magistrate judge’s calendar in accordance with the local

15

rules of this court and so that such motions may be heard (and

16

any resulting orders obeyed) not later than December 15, 2014.

The word

All motions to compel discovery must be noticed on

17

V.

18

All motions, except motions for continuances, temporary

MOTION HEARING SCHEDULE

19

restraining orders, or other emergency applications, shall be

20

filed on or before February 13, 2015.

21

noticed for the next available hearing date.

22

cautioned to refer to the local rules regarding the requirements

23

for noticing and opposing such motions on the court’s regularly

24

scheduled law and motion calendar.

All motions shall be
Counsel are

25

VI.

26

The Final Pretrial Conference is set for April 13,

FINAL PRETRIAL CONFERENCE

27

2015, at 2:00 p.m. in Courtroom No. 5.

28

attended by at least one of the attorneys who will conduct the
3

The conference shall be

1

trial for each of the parties and by any unrepresented parties.

2

Counsel for all parties are to be fully prepared for

3

trial at the time of the Pretrial Conference, with no matters

4

remaining to be accomplished except production of witnesses for

5

oral testimony.

6

and are referred to Local Rules 281 and 282 relating to the

7

contents of and time for filing those statements.

8

those subjects listed in Local Rule 281(b), the parties are to

9

provide the court with: (1) a plain, concise statement which

Counsel shall file separate pretrial statements,

In addition to

10

identifies every non-discovery motion which has been made to the

11

court, and its resolution; (2) a list of the remaining claims as

12

against each defendant; and (3) the estimated number of trial

13

days.

14

In providing the plain, concise statements of

15

undisputed facts and disputed factual issues contemplated by

16

Local Rule 281(b)(3)-(4), the parties shall emphasize the claims

17

that remain at issue, and any remaining affirmatively pled

18

defenses thereto.

19

parties shall also prepare a succinct statement of the case,

20

which is appropriate for the court to read to the jury.

If the case is to be tried to a jury, the

21

VII.

22

The trial is set for June 16, 2015, at 9:00 a.m.

TRIAL SETTING
The

23

court notes that a jury trial has been demanded and that the

24

parties have estimated that the trial will last between twenty

25

and thirty trial days.

26

the court’s heavy caseload, and the priority which other types of

27

actions must take over civil cases of this nature, it is highly

28

unlikely that the court will be able to allocate twenty to thirty

Counsel should take note that because of

4

1

da
ays to th trial of this case.
he

2

VIII. SE
ETTLEMENT CONFERE
T
ENCE

3

A Settle
ement Con
nference will be set at the time of the

4

Pr
retrial Conferenc
C
ce.

5

th court whether they wil stipul
he
ll
late to t
the trial judge acting

6

as settlem
s
ment judg and wa
ge
aive disq
qualifica
ation by virtue thereof.

7

All parties should b prepared to advise
be

Counsel are inst
tructed t have a principal with full
to
h

8

se
ettlement authori
t
ity prese
ent at th Settle
he
ement Conference or to

9

be fully authorize to set
e
a
ed
ttle the matter o any terms.
on

A least
At

10

se
even cale
endar day before the Set
ys
e
ttlement Conference counsel for

11

ea
ach party shall submit a confiden
y
s
ntial Set
ttlement Conference

12

St
tatement for revi
iew by th settle
he
ement jud
dge.

13

ju
udge is not the trial jud
n
t
dge, the Settleme
ent Conference

14

St
tatements shall not be fi
s
n
iled and will not otherwise be d
t
disclosed
d

15

to the tri
o
ial judge
e.

If the settlement

16

IX.

17

Any requ
uests to modify t
the dates or terms of th
s
his

18

Sc
cheduling Order, except requests to chang the date of the
g
r
ge

19

tr
rial, may be hear and de
y
rd
ecided by the ass
y
signed M
Magistrate Judge.

20

Al reques
ll
sts to ch
hange the trial d
e
date shal be heard and decided
ll

21

on
nly by th unders
he
signed ju
udge.

22

Da
ated:

MOD
DIFICATIO
ONS TO SC
CHEDULING ORDER
G

Se
eptember 24, 2013
3

23
24
25
26
27
28
5