Ahmed v. Beverly Health and Rehabilitation Services, Inc., et al.

Filing 17

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 11/30/16. The Final Pretrial Conference is SET for 1/16/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial is set for 3/13/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HENNA AHMED, an individual

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CIV. NO. 2:16-01747 WBS KJN

Plaintiff,

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v.

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BEVERLY HEALTH AND
REHABILITATION SERVICES,
INC.; GGNSC ADMINISTRATIVE
SERVICES, LLC; and Does 1100, inclusive,

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Defendants.

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----oo0oo----

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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 December 5, 2016, 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.

SERVICE OF PROCESS

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The named defendants have been served, and no further
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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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No further joinder of parties or amendments to

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pleadings will be permitted by any party 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).

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F.2d 604 (9th Cir. 1992).

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See Johnson v. Mammoth Recreations, Inc., 975

III. JURISDICTION/VENUE

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Jurisdiction is predicated upon diversity jurisdiction,

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28 U.S.C. § 1332.

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Venue is undisputed and is hereby found to be

proper.

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IV.

DISCOVERY

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The parties agree to 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 December 12, 2016.

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The parties agree to disclose class-certification

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experts and produce reports in accordance with Federal Rule of

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Civil Procedure 26(a)(2) by no later than May 19, 2017.

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parties agree that all class certification-related discovery

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shall be so conducted as to be completed by June 30, 2017.

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The

With the exception of class certification-related

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discovery, 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 July 21, 2017.

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discovery, including depositions for preservation of testimony,

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is left open, save and except that it shall be so conducted as to

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be completed by September 15, 2017.

All non-class certification-related

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The word “completed” means

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that all discovery shall have been conducted so that all

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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

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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 September 15, 2017.

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All motions to compel discovery must be noticed on

The parties agree to a modification of the standard

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discovery procedures and request to serve up to 50

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interrogatories each.

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modification, the court grants the modification at this time.

As the parties have agreed to such a

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V.

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The parties agree that plaintiff shall move for class

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MOTION HEARING SCHEDULE

certification on or before July 27, 2017.
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 November 6, 2017.

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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 be
Counsel are

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for January 16,

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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

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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

Counsel shall file separate pretrial statements,

In addition to

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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.

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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.

TRIAL SETTING

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The jury trial is set for March 13, 2018, at 9:00 a.m.

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The parties are unable to estimate a length of trial at this

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time.

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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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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

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IX.

At least

If the settlement

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:

November 30, 2016

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