Sanderson v. Costco Wholesale Corporation

Filing 7

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 1/27/15: Discovery due by 2/15/2015. Dispositive Motions filed by 3/18/2016. Final Pretrial Conference set for 5/23/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 7/26/2016 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 13 14 15 16 CIV. NO. 2:14-2353 WBS AC MANDY SANDERSON, Plaintiff, v. COSTCO WHOLESALE CORPORATION, a Washington Corporation, Defendant. 17 18 ----oo0oo---- 19 STATUS (PRETRIAL SCHEDULING) ORDER 20 After reviewing the parties’ Joint Status Report, the 21 22 court hereby vacates the Status (Pretrial Scheduling) Conference 23 scheduled for February 2, 2015, and makes the following findings 24 and orders without needing to consult with the parties any 25 further. 26 I. 27 The named defendant has been served, and no further 28 SERVICE OF PROCESS service is permitted without leave of court, good cause having 1 1 been shown under Federal Rule of Civil Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). 7 (9th Cir. 1992). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 8 III. JURISDICTION/VENUE 9 Jurisdiction is predicated upon diversity of 10 citizenship, 28 U.S.C. § 1332. 11 Venue is undisputed and is hereby found to be proper. 12 IV. DISCOVERY 13 The parties indicated that they served the initial 14 disclosures required by Federal Rule of Civil Procedure 26(a)(1) 15 on December 10, 2014. 16 served by that date shall be served no later than February 15, 17 2015. Any initial disclosures that were not 18 The parties shall disclose experts and produce reports 19 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 20 later than October 16, 2015. 21 intended solely for rebuttal, those experts shall be disclosed 22 and reports produced in accordance with Federal Rule of Civil 23 Procedure 26(a)(2) on or before November 16, 2015. With regard to expert testimony 24 All discovery, including depositions for preservation 25 of testimony, is left open, save and except that it shall be so 26 conducted as to be completed by January 29, 2016. 27 “completed” means that all discovery shall have been conducted so 28 that all depositions have been taken and any disputes relevant to 2 The word 1 discovery shall have been resolved by appropriate order if 2 necessary and, where discovery has been ordered, the order has 3 been obeyed. 4 the magistrate judge’s calendar in accordance with the local 5 rules of this court and so that such motions may be heard (and 6 any resulting orders obeyed) not later than January 29, 2016. All motions to compel discovery must be noticed on 7 V. 8 All motions, except motions for continuances, temporary 9 MOTION HEARING SCHEDULE restraining orders, or other emergency applications, shall be 10 filed on or before March 18, 2016. All motions shall be noticed 11 for the next available hearing date. 12 refer to the local rules regarding the requirements for noticing 13 and opposing such motions on the court’s regularly scheduled law 14 and motion calendar. Counsel are cautioned to 15 VI. FINAL PRETRIAL CONFERENCE 16 The Final Pretrial Conference is set for May 23, 2016, 17 at 2:00 p.m. in Courtroom No. 5. 18 attended by at least one of the attorneys who will conduct the 19 trial for each of the parties and by any unrepresented parties. 20 The conference shall be Counsel for all parties are to be fully prepared for 21 trial at the time of the Pretrial Conference, with no matters 22 remaining to be accomplished except production of witnesses for 23 oral testimony. 24 and are referred to Local Rules 281 and 282 relating to the 25 contents of and time for filing those statements. 26 those subjects listed in Local Rule 281(b), the parties are to 27 provide the court with: (1) a plain, concise statement which 28 identifies every non-discovery motion which has been made to the Counsel shall file separate pretrial statements, 3 In addition to 1 court, and its resolution; (2) a list of the remaining claims as 2 against each defendant; and (3) the estimated number of trial 3 days. 4 In providing the plain, concise statements of 5 undisputed facts and disputed factual issues contemplated by 6 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 7 that remain at issue, and any remaining affirmatively pled 8 defenses thereto. 9 parties shall also prepare a succinct statement of the case, 10 If the case is to be tried to a jury, the which is appropriate for the court to read to the jury. 11 VII. 12 The jury trial is set for July 26, 2016, at 9:00 a.m. 13 TRIAL SETTING The parties estimate that a jury trial will last seven days. 14 VIII. SETTLEMENT CONFERENCE 15 A Settlement Conference will be set at the time of the 16 Pretrial Conference. 17 the court whether they will stipulate to the trial judge acting 18 as settlement judge and waive disqualification by virtue thereof. 19 All parties should be prepared to advise Counsel are instructed to have a principal with full 20 settlement authority present at the Settlement Conference or to 21 be fully authorized to settle the matter on any terms. 22 seven calendar days before the Settlement Conference counsel for 23 each party shall submit a confidential Settlement Conference 24 Statement for review by the settlement judge. 25 judge is not the trial judge, the Settlement Conference 26 Statements shall not be filed and will not otherwise be disclosed 27 to the trial judge. 28 /// 4 At least If the settlement 1 IX. 2 Any requests to modify the dates or terms of this 3 Scheduling Order, except requests to change the date of the 4 trial, may be heard and decided by the assigned Magistrate Judge. 5 All requests to change the trial date shall be heard and decided 6 only by the undersigned judge. 7 Dated: MODIFICATIONS TO SCHEDULING ORDER January 27, 2015 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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