Johnson v. Eastland Plaza Partnership et al

Filing 12

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 1/28/15: Discovery due by 2/17/2015. Dispositive Motions filed by 8/3/2015. 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 12/8/2015 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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SCOTT JOHNSON,
Plaintiff,

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CIV. NO. 2:14-02344 WBS EFB

v.
EASTLAND PLAZA PARTNERSHIP;
KONG Q. HUANG; LILIAN NGUYEN;
JOSE VARGAS; and Does 1-10,

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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 February 2, 2015, 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 defendant Lilian Nguyen has

SERVICE OF PROCESS

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not yet appeared.

No proof of service for Lilian Nguyen has been

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filed with the court.

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is permitted without leave of court, good cause having been shown

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under Federal Rule of Civil Procedure 16(b).

After February 9, 2015, no further service

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II.

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No further joinder of parties or amendments to

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JOINDER OF PARTIES/AMENDMENTS

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).

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

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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’s asserts a

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cause of action pursuant to the Americans with Disabilities Act

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of 1990, 42 U.S.C. § 12101, et seq.

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jurisdiction pursuant to 28 U.S.C. § 1367(a) over all state-law

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claims.

The court has supplemental

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 February 17, 2015.

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The parties agree to increase the default number of

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written interrogatories under Federal Rule of Civil Procedure

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33(a)(1) to forty-five for both parties.

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The parties shall disclose experts and produce reports
in accordance with Federal Rule of Civil Procedure 26(a)(2) by no
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later than April 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 May 11, 2015.

With regard to expert testimony

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All discovery, including depositions for preservation

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

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conducted as to be completed by June 15, 2015.

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

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that all depositions have been taken and any disputes relevant to

The word

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discovery shall have been resolved by appropriate order if

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

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

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

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any resulting orders obeyed) not later than June 15, 2015.

All motions to compel discovery must be noticed on

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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 August 3, 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 October 13,

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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

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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 December 8, 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

seven 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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March 2, 2015, by phone or email to schedule an early settlement
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The parties shall contact

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conference.

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Judge is available at www.caed.uscourts.gov under the “Judges”

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tab.

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Contact information for the assigned Magistrate

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

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confidential Settlement Conference Statement to the settlement

No later than seven days before the date of the

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judge.

Such statements shall not be filed, but shall be

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

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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:

January 28, 2015

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