Estrada et al v. iYogi, Inc.

Filing 42

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 3/18/14 ORDERING that the 3/31/2014 Status (Pretrial Scheduling) Conference is VACATED. The parties shall serve the initial disclosures by no later than 4/4/2014. All non- expert discovery shall be completed by 8/1/2014. All motions to compel discovery must be noticed on the magistrate judge's calendar not later than 8/1/2014. Plaintiffs shall disclose experts and produce reports relating to class certification by no later than 9/2/2014, and Defendants are due by no later than 10/1/2014. All expert discovery relating to class certification shall be completed by 11/3/2014. Defendants shall disclose experts and produce reports relating to merits issues by no later than 4/10/2015. All expert discovery relating to merits issues shall be completed by 5/1/2015. Plaintiffs shall file motion for class certification on or before 12/2/2014, defendant's opposition due on or before 1/7/2015, and plainti fs' reply is due on or before 1/28/2015. The court shall hear the motion for class certification on 2/9/2015. All other motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 5/22/2015. The Final Pretrial Conference is SET for 7/20/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial is SET for 9/22/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties estimate that a jury trial will take approximately five court days. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VICKI ESTRADA; PATRICIA
GOODMAN; and KIM-WILLIAMS
BRITT, individually and
behalf of all others
similarly situated,
Plaintiffs,

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CIV. NO. 2:13-1989 WBS CKD

v.
IYOGI, INC., a New York
Corporation
Defendant.

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STATUS (PRETRIAL SCHEDULING) ORDER

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After reviewing the parties’ Joint Status Report, the

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court hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for March 31, 2014, and makes the following findings

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and orders without needing to consult with the parties any

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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.

JOINDER OF PARTIES/AMENDMENTS

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After May 9, 2014, no further joinder of parties or

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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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See Johnson v. Mammoth Recreations, Inc., 975

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

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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 plaintiffs’ claims arise

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under the Telephone Consumer Protection Act, 47 U.S.C. § 227.

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Venue is undisputed and is hereby found to be proper.

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IV.

DISCOVERY

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The parties shall serve the initial disclosures

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

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than April 4, 2014.

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All non-expert discovery shall be so conducted as to be

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completed by August 1, 2014.

The word “completed” means that all

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discovery shall have been conducted so that all depositions have

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been taken and any disputes relevant to discovery shall have been

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resolved by appropriate order if necessary and, where discovery

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has been ordered, the order has been obeyed.

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compel discovery must be noticed on the magistrate judge’s

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calendar in accordance with the local rules of this court and so

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that such motions may be heard (and any resulting orders obeyed)
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All motions to

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not later than August 1, 2014.

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Plaintiffs shall disclose experts and produce reports

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relating to class certification in accordance with Federal Rule

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of Civil Procedure 26(a)(2) by no later than September 2, 2014.

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Defendants shall disclose experts and produce reports relating to

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class certification in accordance with Federal Rule of Civil

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Procedure 26(a)(2) by no later than October 1, 2014.

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discovery relating to class certification shall be so conducted

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as to be completed, as that term is used above, by November 3,

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All expert

2014.

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The parties request that the court refrain from setting

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a cut-off date for expert discovery on merits issues prior to the

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resolution of the class certification motion that plaintiffs

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anticipate filing.

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all pending cases be fully scheduled.

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experts and produce reports relating to merits issues in

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

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later than March 13, 2015.

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produce reports relating to merits issues in accordance with

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Federal Rule of Civil Procedure 26(a)(2) by no later than April

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10, 2015.

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be so conducted as to be completed, as that term is used above,

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by May 1, 2015.

However, good case management requires that
Plaintiffs shall disclose

Defendants shall disclose experts and

All expert discovery relating to merits issues shall

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V.

MOTION HEARING SCHEDULE

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Plaintiffs indicate that they plan to file a motion for

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class certification, and shall file that motion on or before

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December 2, 2014.

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before January 7, 2015, and plaintiffs shall file their reply on

Defendant shall file its opposition on or

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or before January 28, 2015.

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class certification on February 9, 2015, or as soon thereafter as

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the motion can be heard.

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The court shall hear the motion for

All other motions, except motions for continuances,

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temporary restraining orders, or other emergency applications,

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shall be filed on or before May 22, 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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All motions shall be
Counsel are

scheduled law and motion calendar.

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for July 20, 2015,

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

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The conference shall be

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

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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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Counsel shall file separate pretrial statements,

In addition to

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 jury trial is set for September 22, 2015, at 9:00

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a.m.

TRIAL SETTING

The parties estimate that a jury trial will take

approximately five court days.

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VIII. SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the

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Pretrial Conference.

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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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All parties should be prepared to advise

Counsel are instructed to have a principal with full

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settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms.

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seven calendar days before the Settlement Conference counsel for

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.

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judge is not the trial judge, the Settlement Conference

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

At least

If the settlement

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IX.

MODIFICATIONS TO SCHEDULING ORDER

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Any requests to modify the dates or terms of this

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Scheduling Order, except requests to change the date of the

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trial, may be heard and decided by the assigned Magistrate Judge.
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All requests to change the trial date shall be heard and decided

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only by the undersigned judge.

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Dated:

March 18, 2014

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