Freeman et al v. Wilshire Commercial Capital L.L.C.

Filing 38

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 9/22/16 ORDERING that the Status (Pretrial Scheduling) Conference scheduled for 9/26/2016 is VACATED. Plaintiff may file an amended complaint by 10/11/2016. Discovery s hall be completed by 9/11/2017. Designation of Expert Witnesses due by 1/3/2017, and supplemental expert disclosures due on or before 2/3/2017. Final Pretrial Conference SET for 1/29/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial SET for 3/27/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (See order for further details on various due dates/motion filings.) (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VERINA FREEMAN and VALECEA
DIGGS, individually and on
behalf of all others
similarly situated,

CIV. NO. 2:15-1428 WBS AC

Plaintiffs,
v.
WILSHIRE COMMERCIAL CAPITAL
LLC d/b/a “Wilshire Consumer
Credit,” a California limited
liability company,
Defendant.

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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 September 26, 2016, and makes the following

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findings and orders without needing to consult with the parties

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any further.
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I.

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The named defendant has been served, and no further

SERVICE OF PROCESS

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service is permitted without leave of court, good cause having

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been shown under Federal Rule of Civil Procedure 16(b).

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II.

JOINDER OF PARTIES/AMENDMENTS

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Plaintiff may file an amended complaint by October 11,

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2016.

After that date, no further joinder of parties or

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amendments to pleadings will be permitted except with leave of

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court, good cause having been shown under Federal Rule of Civil

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Procedure 16(b).

See Johnson v. Mammoth Recreations, Inc., 975

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F.2d 604 (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 plaintiffs’ claim arises

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under the Telephone Consumer Protection Act, 47 U.S.C. § 227.

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Venue is undisputed and 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 November 7, 2016.

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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 January 3, 2017.

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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 February 3, 2017.

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With regard to expert testimony

Discovery concerning plaintiffs’ Article III standing
in this case shall be so conducted as to be completed by November
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30, 2016.

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defendant’s Automatic Telephone Dialing System to make autodialed

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calls to plaintiffs and proposed class members shall be so

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conducted as to be completed by February 6, 2017.

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Discovery concerning the alleged capacity of

All other discovery, including depositions for

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preservation of testimony, is left open, save and except that it

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shall be so conducted as to be completed by September 11, 2017.

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The word “completed” means that all discovery shall have been

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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 September 11, 2017.

All motions to compel

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V.

MOTION HEARING SCHEDULE

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Any hearing for a motion regarding plaintiffs’ Article

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III standing in this case shall take place on February 6, 2017 at

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1:30 p.m.

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in this case shall be filed by January 9, 2017.

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to such motion shall be filed by January 23, 2017.

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such opposition shall be filed by January 30, 2017.

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Any motion regarding plaintiffs’ Article III standing
Any opposition
Any reply to

Any hearing for a motion regarding the alleged capacity

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of defendant’s Automatic Telephone Dialing System to make

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autodialed calls to plaintiffs and proposed class members shall

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take place on April 3, 2017 at 1:30 p.m.

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the alleged capacity of defendant’s Automatic Telephone Dialing
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Any motion regarding

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System to make autodialed calls to plaintiffs and proposed class

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members shall be filed by March 6, 2017.

Any opposition to such

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motion shall be filed by March 20, 2017.

Any reply to such

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opposition shall be filed by March 27, 2017.

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Any hearing for a motion for class certification shall

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take place on July 10, 2017 at 1:30 p.m.

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certification shall be filed by June 12, 2017.

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such motion shall be filed by June 26, 2017.

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opposition shall be filed by July 3, 2017.

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Any motion for class
Any opposition to
Any reply to such

All other motions, except motions for continuances,

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temporary restraining orders, or other emergency applications,

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shall be filed on or before November 13, 2017.

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be noticed for the next available hearing date.

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cautioned to refer to the local rules regarding the requirements

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for noticing and opposing such motions on the court’s regularly

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scheduled law and motion calendar.

All motions shall
Counsel are

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for January 29,

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2018, at 1:30 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.

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those subjects listed in Local Rule 281(b), the parties are to

Counsel shall file separate pretrial statements,

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In addition 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.

If the case is to be tried to a jury, the

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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.

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VII.

TRIAL SETTING

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The jury trial is set for March 27, 2018 at 9:00 a.m.

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The parties estimate that a jury trial will last seven to ten

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days.

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VIII.

SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the

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Pretrial Conference.

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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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All parties should be prepared to advise

Counsel are instructed to have a principal with full

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settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms.

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seven calendar days before the Settlement Conference counsel for

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.

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judge is not the trial judge, the Settlement Conference
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At least

If the settlement

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

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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:

September 22, 2016

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