Johnson v. PRB Management, LLC

Filing 11

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 12/17/14 ORDERING that the 12/22/14 Status (Pretrial Scheduling) Conference is VACATED. Any additional initial disclosures shall be exchanged by no later than 12/31/14. Designation of Expert Witnesses due by 3/2/2015, and rebuttal disclosures due on or before 4/1/2015. All discovery shall be completed by 5/1/2015. All motions to compel discovery may be heard not later than 5/1/2015. All motions, except motions for c ontinuances, temporary restraining orders, or other emergency applications, shall be filed on or before 7/6/2015. The Final Pretrial Conference is SET for 9/14/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Bench T rial is SET for 11/17/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall contact the assigned magistrate judge's courtroom deputy no later than 1/30/2015 to schedule an early settlement conference. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,
Plaintiff,

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CIV. NO. 2:14-1895 WBS CKD

v.
PRB MANAGEMENT, LLC, a
California Limited Liability
Company; Does 1-10,

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Defendants.

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----oo0oo----

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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 December 22, 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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The parties indicate that all defendants have been

SERVICE OF PROCESS

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served.

No further service is permitted without leave of court,

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good cause having been shown under Federal Rule of Civil

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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).

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

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(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 plaintiff asserts a cause

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of action pursuant to the Americans with Disabilities Act of

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1990, 42 U.S.C. § 12101, et seq.

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jurisdiction pursuant to 28 U.S.C. § 1367(a) over the claims

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brought under the Unruh Act, Cal. Civ. Code §§ 51-52, and the

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California Disabled Persons Act, Cal. Civ. Code §§ 54-54.8.

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Venue is undisputed and is hereby found to be proper.

The court has supplemental

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IV.

DISCOVERY

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The parties indicate that initial disclosures were

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exchanged on December 17, 2014.

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disclosures required by Federal Rule of Civil Procedure 26(a)(1)

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shall be exchanged by no later than December 31, 2014.

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Any additional initial

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 2, 2015.

With regard to expert testimony
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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 April 1, 2015.

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Plaintiff’s request that the number of interrogatories

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under Federal Rule of Civil Procedure 33(a)(1) be increased to 45

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is denied.

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expanding the default discovery limits.

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depositions for preservation of testimony, is left open, save and

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except that it shall be so conducted as to be completed by May 1,

Plaintiff has presented no reason or basis for
All discovery, including

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2015.

The word “completed” means that all discovery shall have

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been 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 May 1, 2015.

All motions to compel

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V.

MOTION HEARING SCHEDULE

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All motions, except motions for continuances, temporary

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restraining orders, or other emergency applications, shall be

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filed on or before July 6, 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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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for September 14,
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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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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.

Counsel shall file separate pretrial statements,

In addition to

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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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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 bench trial is set for November 17, 2015, at 9:00

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a.m.

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TRIAL SETTING

The parties estimate that the trial will take three to five

days.

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VIII. 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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January 30, 2015, 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.

No later than seven days before the date of the

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Settlement Conference, counsel for each party shall submit a

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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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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:

December 17, 2014

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