Smith v. Calstate Land Investment Inc. et al

Filing 13

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 8/20/14: Discovery due by 9/5/2014. Dispositive Motions filed by 3/27/2015. Final Pretrial Conference set for 5/11/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 6/30/2015 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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ANNA SMITH,
Plaintiff,

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CIV. NO. 2:14-1098 WBS CMK

v.
CALSTATE LAND INVESTMENT
INC., a California
Corporation; MARC V. MORETTI;
and DOES 1-10,
Defendants.

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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 September 8, 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.

SERVICE OF PROCESS

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All remaining defendants have been served, and no
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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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No further joinder of parties or amendments to

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pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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(9th Cir. 1992).

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See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604

III. JURISDICTION/VENUE

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Jurisdiction is predicated upon federal question

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jurisdiction, 28 U.S.C. §§ 1331, 1343, because plaintiff’s claims

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arise under the Americans with Disabilities Act, 42 U.S.C. §

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12101 et seq.

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U.S.C. § 1367.

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proper.

Supplemental jurisdiction is predicated upon 28
Venue is undisputed and is hereby found to be

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IV. SETTLEMENT CONFERENCE

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The court has determined that this case is appropriate

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for an early settlement conference.

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the assigned magistrate judge’s courtroom deputy no later than

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September 5, 2014, by phone or email to schedule an early

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settlement conference.

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magistrate judge is available at www.caed.uscourts.gov under the

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“Judges” tab.

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The parties shall contact

Contact information for the assigned

At the settlement conference, each party is ordered to

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have a principal with full settlement authority present at the

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conference or be fully authorized to settle the matter on any

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terms.

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Settlement Conference, counsel for each party shall submit a

No later than seven days before the date of the

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confidential Settlement Conference Statement to the settlement

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judge.

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delivered to the chambers of the settlement judge, in hard copy.

Such statements shall not be filed, but shall be

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V.

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 September 5, 2014.

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All non-expert discovery, including depositions for
preservation of testimony, is left open, save and except that it

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shall be so conducted as to be completed by February 13, 2015.

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The word “completed” means that all discovery shall have been

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conducted so that all depositions have been taken and any

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disputes relevant to discovery shall have been resolved by

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appropriate order if necessary and, where discovery has been

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ordered, the order has been obeyed.

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discovery must be noticed on the magistrate judge’s calendar in

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accordance with the local rules of this court and so that such

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motions may be heard (and any resulting orders obeyed) not later

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than February 13, 2015.

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All motions to compel

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 March 13, 2015.

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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 March 27, 2015.

With regard to expert testimony

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VI.

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All motions, except motions for continuances, temporary

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MOTION HEARING SCHEDULE

restraining orders, or other emergency applications, shall be
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filed on or before March 27, 2015.

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for the next available hearing date.

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refer to the local rules regarding the requirements for noticing

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and opposing such motions on the court’s regularly scheduled law

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and motion calendar.

All motions shall be noticed
Counsel are cautioned to

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VII.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for May 11, 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,

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

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

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VIII.

TRIAL SETTING

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The jury trial is set for June 30, 2015, at 9:00 a.m.

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Defendants request a jury trial.

The parties estimate that a

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jury trial will take between three and five days.

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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:

August 20, 2014

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