Johnson v. LKQ Foster Auto Parts, Inc.

Filing 50

AMENDED STATUS (PRETRIAL SCHEDULING) ORDER signed by District Judge Kimberly J. Mueller on 5/12/17 ORDERING that Plaintiff shall file an Amended Complaint not later than 5/15/2017, and defendants' response is due not later than 6/15/2017. All di scovery shall be completed by 12/15/2017. Designation of Expert Witnesses due by 12/15/2017, and expert rebuttal disclosures due by 1/5/2018. All expert discovery shall be completed by 1/19/2018. All dispositive motions, except motions for continuanc es, temporary restraining orders or other emergency applications, shall be heard no later than 11/17/2017. The Final Pretrial Conference is SET for 3/23/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller with a joint pretrial conference statement to be filed by 3/2/2018. The Jury Trial is SET for 5/7/2018 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller with trial briefs due by 4/23/2018. (Kastilahn, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHLANDA JOHNSON, 12 Plaintiff, 13 14 No. 2:15-CV-2413 KJM AC v. AMENDED STATUS (PRETRIAL SCHEDULING) ORDER LKQ FOSTER AUTO PARTS, INC., 15 Defendant. 16 17 On May 10, 2017, the court granted the parties’ stipulation to amend dates in the 18 19 operative pretrial scheduling order. (ECF No. 49) Good cause appearing, the court sets the 20 following amended schedule: 21 I. SERVICE OF PROCESS All named defendants have been served and no further service is permitted without 22 23 leave of court, good cause having been shown. 24 II. 25 ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS Plaintiff shall file an Amended Complaint not later than May 15, 2017, and 26 defendants’ response is due not later than June 15, 2017. No further joinder of parties or 27 amendments to pleadings is permitted without leave of court, good cause having been shown. See 28 Fed. R. Civ. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). 1 1 III. JURISDICTION/VENUE 2 Jurisdiction is predicated upon 18 U.S.C. § 1332. Jurisdiction and venue are not 3 disputed. 4 IV. 5 DISCOVERY Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall have 6 been completed. All discovery shall be completed by December 15, 2017. In this context, 7 “completed” means that all discovery shall have been conducted so that all depositions have been 8 taken and any disputes relative to discovery shall have been resolved by appropriate order if 9 necessary and, where discovery has been ordered, the order has been obeyed. All motions to 10 compel discovery must be noticed on the magistrate judge’s calendar in accordance with the local 11 rules of this court. While the assigned magistrate judge reviews proposed discovery phase 12 protective orders, requests to seal or redact are decided by Judge Mueller as discussed in more 13 detail below. In addition, while the assigned magistrate judge handles discovery motions, the 14 magistrate judge cannot change the schedule set in this order, even in connection with a discovery 15 matter. 16 V. 17 DISCLOSURE OF EXPERT WITNESSES All counsel are to designate in writing, file with the court, and serve upon all other 18 parties the name, address, and area of expertise of each expert that they propose to tender at trial 19 not later than December 15, 2017. The designation shall be accompanied by a written report 20 prepared and signed by the witness. The report shall comply with Fed. R. Civ. P. 26(a)(2)(B). 21 By January 5, 2018, any party who previously disclosed expert witnesses may submit a 22 supplemental list of expert witnesses who will express an opinion on a subject covered by an 23 expert designated by an adverse party, if the party supplementing an expert witness designation 24 has not previously retained an expert to testify on that subject. The supplemental designation 25 shall be accompanied by a written report, which shall also comply with the conditions stated 26 above. 27 Failure of a party to comply with the disclosure schedule as set forth above in all 28 likelihood will preclude that party from calling the expert witness at the time of trial. An expert 2 1 witness not appearing on the designation will not be permitted to testify unless the party offering 2 the witness demonstrates: (a) that the necessity for the witness could not have been reasonably 3 anticipated at the time the list was proffered; (b) that the court and opposing counsel were 4 promptly notified upon discovery of the witness; and (c) that the witness was promptly made 5 available for deposition. 6 For purposes of this scheduling order, an “expert” is any person who may be used 7 at trial to present evidence under Rules 702, 703 and 705 of the Federal Rules of Evidence, which 8 include both “percipient experts” (persons who, because of their expertise, have rendered expert 9 opinions in the normal course of their work duties or observations pertinent to the issues in the 10 case) and “retained experts” (persons specifically designated by a party to be a testifying expert 11 for the purposes of litigation). A party shall identify whether a disclosed expert is percipient, 12 retained, or both. It will be assumed that a party designating a retained expert has acquired the 13 express permission of the witness to be so listed. Parties designating percipient experts must state 14 in the designation who is responsible for arranging the deposition of such persons. 15 All experts designated are to be fully prepared at the time of designation to render 16 an informed opinion, and give the bases for their opinion, so that they will be able to give full and 17 complete testimony at any deposition taken by the opposing party. Experts will not be permitted 18 to testify at trial as to any information gathered or evaluated, or opinion formed, after deposition 19 taken subsequent to designation. All expert discovery shall be completed by January 19, 2018. 20 VI. MOTION HEARING SCHEDULE 21 All dispositive motions, except motions for continuances, temporary restraining 22 orders or other emergency applications, shall be heard no later than November 17, 2017.1 The 23 parties may obtain available hearing dates by checking Judge Mueller’s page on the court’s 24 website. 25 26 All purely legal issues are to be resolved by timely pretrial motions. Local Rule 230 governs the calendaring and procedures of civil motions; the following provisions also apply: 27 28 1 Note that this date may not correspond to a law and motion calendar date. 3 1 (a) The opposition and reply must be filed by 4:00 p.m. on the day due; and 2 (b) When the last day for filing an opposition brief falls on a legal holiday, the 3 opposition brief shall be filed on the last court day immediately preceding the legal holiday. 4 Failure to comply with Local Rule 230(c), as modified by this order, may be deemed consent to 5 the motion and the court may dispose of the motion summarily. Brydges v. Lewis, 18 F.3d 651, 6 652-53 (9th Cir. 1994). 7 The court values the importance of training young attorneys. The parties are 8 encouraged to consider assigning oral argument to a young attorney. If a written request for oral 9 argument is filed before a hearing, stating an attorney of four or fewer years out of law school 10 will argue the oral argument, then the court will ordinarily hold the hearing, although the court’s 11 schedule and calendar may require the hearing to be reset. Otherwise, the court may find it 12 appropriate in some actions to submit a motion without oral argument. 13 The court places a page limit of twenty (20) pages on all moving papers, twenty 14 (20) pages on oppositions, and ten (10) pages for replies. All requests for page limit increases 15 must be made in writing at least fourteen (14) days prior to the filing of the motion. 16 Prior to filing a motion in a case in which the parties are represented by counsel, 17 counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the 18 contemplated motion and any potential resolution. Plaintiff’s counsel should carefully evaluate 19 the defendant’s contentions as to deficiencies in the complaint and in many instances the party 20 considering a motion should agree to any amendment that would cure a curable defect. Counsel 21 should discuss the issues sufficiently so that if a motion of any kind is filed, including for 22 summary judgment, the briefing is directed only to those substantive issues requiring resolution 23 by the court. Counsel should resolve minor procedural or other non-substantive matters during 24 the meet and confer. A notice of motion shall contain a certification by counsel filing the 25 motion that meet and confer efforts have been exhausted, with a brief summary of meet and 26 confer efforts. 27 ///// 28 ///// 4 1 The parties are cautioned that failure to raise a dispositive legal issue that could 2 have been tendered to the court by proper pretrial motion prior to the dispositive motion cut-off 3 date may constitute waiver of such issue. 4 VII. 5 SEALING No document will be sealed, nor shall a redacted document be filed, without the 6 prior approval of the court. If a document for which sealing or redaction is sought relates to the 7 record on a motion to be decided by Judge Mueller, the request to seal or redact should be 8 directed to her and not the assigned Magistrate Judge. All requests to seal or redact shall be 9 governed by Local Rules 141 (sealing) and 140 (redaction); protective orders covering the 10 discovery phase of litigation shall not govern the filing of sealed or redacted documents on the 11 public docket. The court will only consider requests to seal or redact filed by the proponent of 12 sealing or redaction. If a party plans to make a filing that includes material an opposing party has 13 identified as confidential and potentially subject to sealing, the filing party shall provide the 14 opposing party with sufficient notice in advance of filing to allow for the seeking of an order of 15 sealing or redaction from the court. 16 VIII. 17 FINAL PRETRIAL CONFERENCE The Final Pretrial Conference is set for March 23, 2018, at 10:00 a.m. At least 18 one of the attorneys who will conduct the trial for each of the parties shall attend the Final Pretrial 19 Conference. If by reason of illness or other unavoidable circumstance a trial attorney is unable to 20 attend, the attorney who attends in place of the trial attorney shall have equal familiarity with the 21 case and equal authorization to make commitments on behalf of the client. 22 Counsel for all parties are to be fully prepared for trial at the time of the Final 23 Pretrial Conference, with no matters remaining to be accomplished except production of 24 witnesses for oral testimony. The parties shall confer and file a joint pretrial conference 25 statement by March 2, 2018. The provisions of Local Rule 281 shall apply with respect to the 26 matters to be included in the joint pretrial statement. In addition to those subjects listed in Local 27 Rule 281(b), the parties are to provide the court with the following: 28 ///// 5 1 2 3 - A plain, concise statement that identifies every non-discovery motion previously tendered to the court and its resolution. - A concise, joint list of undisputed core facts that are relevant to each claim. 4 Disputed core facts should then be identified in the same manner. The parties are reminded not to 5 identify every fact in dispute but only those disputed facts that are essential to the formulation of 6 each claim. Each disputed fact and undisputed fact should be separately numbered or lettered. 7 Where the parties are unable to agree on the core disputed facts, they should nevertheless list core 8 disputed facts in the above manner. 9 - Concise lists of disputed evidentiary issues that will be the subject of a party’s 10 motion in limine, and whether the parties believe resolution of any of these motions will be 11 necessary before the first day of trial. 12 - Each party’s points of law, which concisely describe the legal basis or theory 13 underlying their claims and defenses. Points of law should reflect issues derived from the core 14 undisputed and disputed facts. Parties shall not include argument with any point of law; the 15 parties may include concise arguments in their trial briefs. 16 - A joint statement of the case in plain concise language, which will be read to the 17 jury during voir dire and at the beginning of the trial. The purpose of the joint statement is to 18 inform the jury what the case is about. 19 - The parties’ position on the number of jurors to be impaneled to try the case. 20 Discovery documents to be listed in the pretrial statement shall not include 21 22 documents to be used only for impeachment and in rebuttal. The parties are reminded that pursuant to Local Rule 281 they are required to 23 attach to the Final Pretrial Conference Statement an exhibit listing witnesses and exhibits they 24 propose to offer at trial. After the name of each witness, each party shall provide a brief 25 statement of the nature of the testimony to be proffered. The parties may file a joint list or each 26 party may file separate lists. These list(s) shall not be contained in the body of the Final Pretrial 27 Conference Statement itself, but shall be attached as separate documents to be used as addenda to 28 the Final Pretrial Order. 6 1 Plaintiff’s exhibits shall be listed numerically. Defendant’s exhibits shall be listed 2 alphabetically. The parties shall use the standard exhibit stickers provided by the court: pink for 3 plaintiff and blue for defendant. In the event that the alphabet is exhausted, the exhibits shall be 4 marked “AA-ZZ”. However, if the amount of defendant exhibits exceeds “ZZ” exhibits shall be 5 then listed as AAA, BBB, CCC etc. All multi-page exhibits shall be stapled or otherwise fastened 6 together and each page within the exhibit shall be numbered. The list of exhibits shall not include 7 excerpts of depositions to be used only for impeachment. In the event that plaintiff(s) and 8 defendant(s) offer the same exhibit during trial, that exhibit shall be referred to by the designation 9 the exhibit is first identified. The court cautions the parties to pay attention to this detail so that 10 all concerned, including the jury, will not be confused by one exhibit being identified with both a 11 number and a letter. The parties are encouraged to consult concerning exhibits and, to the extent 12 possible, provide joint exhibits, which shall be designated as JX and listed numerically, e.g., JX- 13 1, JX-2. 14 The Final Pretrial Order will contain a stringent standard for the offering at trial of 15 witnesses and exhibits not listed in the Final Pretrial Order, and the parties are cautioned that the 16 standard will be strictly applied. On the other hand, the listing of exhibits or witnesses that a 17 party does not intend to offer will be viewed as an abuse of the court’s processes. 18 19 Counsel shall produce all trial exhibits to Casey Schultz, the Courtroom Deputy, no later than 3:00 p.m. on the Friday before trial. 20 21 22 Failure to comply with Local Rule 281, as modified by this order, may be grounds for sanctions. The parties also are reminded that pursuant to Rule 16 of the Federal Rules of 23 Civil Procedure it will be their duty at the Final Pretrial Conference to aid the court in: (a) the 24 formulation and simplification of issues and the elimination of frivolous claims or defenses; (b) 25 the settling of facts that should properly be admitted; and (c) the avoidance of unnecessary proof 26 and cumulative evidence. Counsel must cooperatively prepare the joint Final Pretrial Conference 27 28 7 1 Statement and participate in good faith at the Final Pretrial Conference with these aims in mind.2 2 A failure to do so may result in the imposition of sanctions which may include monetary 3 sanctions, orders precluding proof, elimination of claims or defenses, or such other sanctions as 4 the court deems appropriate. 5 Concurrently with the filing of the Joint Final Pretrial Conference Statement, 6 counsel shall submit to chambers the word processable version of the Statement, in its entirety 7 (including the witness and exhibit lists) to: 8 IX. MOTIONS IN LIMINE 9 All motions in limine must be filed in conjunction with the joint pretrial statement. 10 In most cases, motions in limine are addressed and resolved on the morning of the first day of 11 trial. As noted above, the parties may alert the court at the final pretrial conference and in their 12 final pretrial statement that a particular motion or motions should be resolved earlier. At the final 13 pretrial conference, the court will then set a briefing and hearing schedule on these motions in 14 limine as necessary. 15 The parties are reminded that a motion in limine is a pretrial procedural device 16 designed to address the admissibility of evidence. The court looks with disfavor upon 17 dispositional motions presented at the Final Pretrial Conference or at trial in the guise of motions 18 in limine. 19 X. 20 TRIAL SETTING The jury trial is set for May 7, 2018 at 9:00 a.m. The parties estimate a trial length 21 of approximately four (4) to ten (10) days. Trial briefs are due by April 23, 2018. 22 XI. 23 SETTLEMENT CONFERENCE No settlement conference is currently scheduled. A settlement conference may be 24 set at the time of the Final Pretrial Conference or at an earlier time at the parties’ request. In the 25 event that an earlier court settlement conference date or referral to the Voluntary Dispute 26 2 27 28 “If the pretrial conference discloses that no material facts are in dispute and that the undisputed facts entitle one of the parties to judgment as a matter of law,” the court may summarily dispose of the case or claims. Portsmouth Square v. Shareholders Protective Comm., 770 F.2d 866, 86869 (9th Cir. 1985). 8 1 Resolution Program (VDRP) is requested, the parties shall file said request jointly, in writing. 2 Because the case will be tried to a jury, all parties should be prepared to advise the court whether 3 they will stipulate to the trial judge acting as settlement judge and waive disqualification by virtue 4 thereof. 5 Counsel are instructed to have a principal with full settlement authority present at 6 any Settlement Conference or to be fully authorized to settle the matter on any terms. Each judge 7 has different requirements for the submission of settlement conference statements; the appropriate 8 instructions will be sent to you after the settlement judge is assigned. 9 XII. MODIFICATION OF STATUS (PRETRIAL SCHEDULING) ORDER 10 The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil 11 Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court 12 upon a showing of good cause. Agreement by the parties pursuant to stipulation alone does not 13 constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or 14 counsel does not constitute good cause. 15 The assigned magistrate judge is authorized to modify only the discovery dates 16 shown above to the extent any such modification does not impact the balance of the schedule of 17 the case. 18 XIII. 19 20 21 22 OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER This Status Order will become final without further order of the court unless objections are filed within fourteen (14) calendar days of service of this Order. IT IS SO ORDERED. DATED: May 12, 2017 23 24 UNITED STATES DISTRICT JUDGE 25 26 27 28 9

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?