Johnson v. Tran

Filing 14

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 2/11/15 ORDERING that the 2/17/15 Status (Pretrial Scheduling) Conference is VACATED. Initial disclosures are due by 2/23/2015. Designation of Expert Witnesses due by 4/27/2015 and any rebuttal disclosures due by 5/26/2015. All Discovery shall be completed by 6/29/2015. All motions to compel discovery must be heard by the magistrate judge not later than 6/29/2015. All Motions except motions for continuances, t emporary restraining orders, or other emergency applications, shall be filed by 8/17/2015. The Final Pretrial Conference is SET for 10/26/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Bench Trial is SET for 12/8/2015 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 3/23/2015, 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. 2:14-02437 WBS EFB

v.
HUNG THANH TRAN; and Does 110,
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 17, 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 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’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 23, 2015.

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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 April 27, 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 26, 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 29, 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

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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

The word

All motions to compel discovery must be noticed on

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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 29, 2015.

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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 17, 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 26,

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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.

Counsel shall file separate pretrial statements,
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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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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 bench 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 23, 2015, by phone or email to schedule an early settlement

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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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The parties shall contact

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

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judge.

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

No later than seven days before the date of the

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:

February 11, 2015

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