Johnson v. Gross

Filing 9

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 1/14/15: Discovery due by 2/20/2015. Dispositive Motions filed by 7/24/2015. Final Pretrial Conference set for 10/13/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 12/15/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 SCOTT JOHNSON, Plaintiff, 13 14 15 16 NO. CIV. 2:14-2242 WBS KJN v. BRIAN KENNETH GROSS; and Does 1-10, Defendants. 17 18 19 ----oo0oo---- 20 STATUS (PRETRIAL SCHEDULING) ORDER 21 After reviewing the parties’ Joint Status Report, the 22 23 court hereby vacates the Status (Pretrial Scheduling) Conference 24 scheduled for January 20, 2015, and makes the following findings 25 and orders without needing to consult with the parties any 26 further. 27 I. SERVICE OF PROCESS 28 All named defendants have been served, and no further 1 1 service is permitted without leave of court, good cause having 2 been shown under Federal Rule of Civil Procedure 16(b). 3 II. JOINDER OF PARTIES/AMENDMENTS 4 No further joinder of parties or amendments to 5 pleadings will be permitted except with leave of court, good 6 cause having been shown under Federal Rule of Civil Procedure 7 16(b). 8 (9th Cir. 1992). 9 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 III. JURISDICTION/VENUE 10 Jurisdiction is predicated upon federal question 11 jurisdiction, 28 U.S.C. §§ 1331, 1343, because plaintiff’s claims 12 arise under the Americans with Disabilities Act, 42 U.S.C. § 13 12101 et seq. 14 U.S.C. § 1367. 15 proper. Supplemental jurisdiction is predicated upon 28 Venue is undisputed and is hereby found to be 16 IV. SETTLEMENT CONFERENCE 17 The court has determined that this case is appropriate 18 for an early settlement conference. 19 the assigned magistrate judge’s courtroom deputy no later than 20 February 24, 2015, by phone or email to schedule an early 21 settlement conference. 22 magistrate judge is available at under the 23 “Judges” tab. 24 The parties shall contact Contact information for the assigned At the settlement conference, each party is ordered to 25 have a principal with full settlement authority present at the 26 conference or be fully authorized to settle the matter on any 27 terms. 28 Settlement Conference, counsel for each party shall submit a No later than seven days before the date of the 2 1 confidential Settlement Conference Statement to the settlement 2 judge. 3 delivered to the chambers of the settlement judge, in hard copy. Such statements shall not be filed, but shall be 4 V. DISCOVERY 5 The parties indicate that they have served the initial 6 disclosures required by Federal Rule of Civil Procedure 26(a)(1). 7 Any initial disclosures that were not served shall be served no 8 later than February 20, 2015. 9 Plaintiff requests that the number of interrogatories 10 under Federal Rule of Civil Procedure 33(a)(1) be increased to 11 forty-five for both parties. 12 this request, the court will approve the additional twenty 13 interrogatories for both parties. 14 Because defendant does not oppose The parties shall disclose experts and produce reports 15 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 16 later than April 3, 2015. 17 intended solely for rebuttal, those experts shall be disclosed 18 and reports produced in accordance with Federal Rule of Civil 19 Procedure 26(a)(2) on or before May 1, 2015. With regard to expert testimony 20 All discovery, including depositions for preservation 21 of testimony, is left open, save and except that it shall be so 22 conducted as to be completed by May 29, 2015. 23 “completed” means that all discovery shall have been conducted so 24 that all depositions have been taken and any disputes relevant to 25 discovery shall have been resolved by appropriate order if 26 necessary and, where discovery has been ordered, the order has 27 been obeyed. 28 the magistrate judge’s calendar in accordance with the local The word All motions to compel discovery must be noticed on 3 1 rules of this court and so that such motions may be heard (and 2 any resulting orders obeyed) not later than May 29, 2015. 3 VI. MOTION HEARING SCHEDULE 4 All motions, except motions for continuances, temporary 5 restraining orders, or other emergency applications, shall be 6 filed on or before July 24, 2015. 7 for the next available hearing date. 8 refer to the local rules regarding the requirements for noticing 9 and opposing such motions on the court’s regularly scheduled law 10 All motions shall be noticed Counsel are cautioned to and motion calendar. 11 VII. FINAL PRETRIAL CONFERENCE 12 The Final Pretrial Conference is set for October 13, 13 2015, at 2:00 p.m. in Courtroom No. 5. 14 attended by at least one of the attorneys who will conduct the 15 trial for each of the parties and by any unrepresented parties. 16 The conference shall be Counsel for all parties are to be fully prepared for 17 trial at the time of the Pretrial Conference, with no matters 18 remaining to be accomplished except production of witnesses for 19 oral testimony. 20 and are referred to Local Rules 281 and 282 relating to the 21 contents of and time for filing those statements. 22 those subjects listed in Local Rule 281(b), the parties are to 23 provide the court with: (1) a plain, concise statement which 24 identifies every non-discovery motion which has been made to the 25 court, and its resolution; (2) a list of the remaining claims as 26 against each defendant; and (3) the estimated number of trial 27 days. 28 Counsel shall file separate pretrial statements, In addition to In providing the plain, concise statements of 4 1 undisputed facts and disputed factual issues contemplated by 2 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 3 that remain at issue, and any remaining affirmatively pled 4 defenses thereto. 5 parties shall also prepare a succinct statement of the case, 6 which is appropriate for the court to read to the jury. If the case is to be tried to a jury, the 7 VIII. 8 The jury trial is set for December 15, 2015, at 9:00 9 10 a.m. TRIAL SETTING The parties estimate that a jury trial will last three to five days. 11 IX. MODIFICATIONS TO SCHEDULING ORDER 12 Any requests to modify the dates or terms of this 13 Scheduling Order, except requests to change the date of the 14 trial, may be heard and decided by the assigned Magistrate Judge. 15 All requests to change the trial date shall be heard and decided 16 only by the undersigned judge. 17 Dated: January 14, 2015 18 19 20 21 22 23 24 25 26 27 28 5

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