Eason v. Wal-Mart Corporation

Filing 34

STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Gregory G. Hollows on 1/25/17: Designation of Expert Witnesses due by 12/18/2017. Discovery due by 2/5/2018. The last day for substantive pretrial motions (Motion for Summary Judgmen t) to be heard shall be 3/15/2018. Pretrial Conference set for 4/6/2018 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller . Bench Trial set for 5/7/2018 at 09:00 AM in Courtroom 3 (KJM ) before District Judge Kimberly J. Mueller . (Kaminski, H) Modified on 1/25/2017 (Kaminski, H).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMELL EASON,

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No. 2:16-cv-01876 KJMGGH PS

Plaintiff,

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v.

STATUS (PRETRIAL SCHEDULING)
ORDER

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WAL-MART STORES, INC.

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Defendant.

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The parties have filed a joint statement regarding scheduling. Accordingly, the court

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makes the following findings and orders:

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SERVICE OF PROCESS
All defendants have been served and no further service is permitted except with leave of

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court, good cause having been shown.

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JOINDER OF PARTIES/AMENDMENTS
No further joinder of parties or amendments to pleadings is permitted except with leave of

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court, good cause having been shown.

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JURISDICTION/VENUE
Jurisdiction is undisputed and is hereby found to be proper, as is venue.

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DISCOVERY AND MOTION HEARING SCHEDULES
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All law and motion except as to discovery is left open, save and except as follows.

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Written discovery and deposition discovery as to percipient witnesses shall be left open and

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conducted so as to be completed by January 18, 2018 as to percipient witnesses and February 2,

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2018 as to expert witnesses. The word “completed” in this context means all discovery shall have

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been conducted so that all depositions have been taken and any disputes relative to discovery

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shall have been resolved by appropriate order if necessary and, where discovery has been

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ordered, the order has been complied with. Motions to compel discovery must be noticed on the

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undersigned’s calendar in accordance with the local rules of this court and so that such motions

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will be heard not later than 30 days before the applicable discovery cut-off date. This paragraph

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does not preclude motions for continuances, temporary restraining orders or other emergency

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applications, and is subject to any special scheduling set forth in the “MISCELLANEOUS

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PROVISIONS” paragraph below.

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2.

The parties should keep in mind that the purpose of law and motion is to narrow

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and refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that

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are susceptible to resolution without trial. To accomplish that purpose, the parties need to

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identify and fully research the issues presented by the case, and then examine those issues in light

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of the evidence gleaned through discovery. If it appears to counsel after examining the legal

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issues and facts that an issue can be resolved by pretrial motion, counsel are to file the appropriate

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motion by the law and motion cutoff set forth supra.

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3.

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY

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PRETRIAL MOTION. Counsel are reminded that motions in limine are procedural devices

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designed to address the admissibility of evidence. COUNSEL ARE CAUTIONED THAT THE

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COURT WILL LOOK WITH DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED

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IN THE GUISE OF MOTIONS IN LIMINE AT THE TIME OF TRIAL.

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4.

The last day for substantive motions, i.e. Motions for Summary Judgment, may be

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heard is March 15, 2018. The date for the Motion hearing must be set at least 28 days in advance

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of that hearing date in accordance with Eastern District of California Local Rule 230. The
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briefing schedule for such Motions is also controlled by this Local Rule.

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EXPERT DISCLOSURE

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1.

All counsel (and/or pro se parties) are to designate in writing, file with the court,

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and serve upon all other parties, the names of all experts that they propose to tender at trial, if

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any, not later than December 18, 2017. Simultaneous designation of any supplemental/rebuttal

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experts is due no later than January 2, 2018. An expert witness not appearing on said lists will

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not be permitted to testify unless the party offering the witness demonstrates:

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(a)

at the time the lists were exchanged;

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that the necessity of the witness could not have been reasonably anticipated

(b)

the court and opposing counsel were promptly notified upon discovery of

the witness; and

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(c)

that the witness was promptly proffered for deposition. Failure to provide

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the information required along with the expert designation may lead to preclusion of the expert’s

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testimony or other appropriate sanctions.

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2.

For the purposes of this scheduling order, experts are defined as “percipient” and

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designated experts. Both types of experts shall be listed. Percipient experts are persons who,

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because of their expertise, have rendered expert opinions in the normal course of their work

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duties or observations pertinent to the issues in the case. Another term for their opinions are

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“historical opinions.”

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(a)

Percipient experts are experts who, unless also designated as retained

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experts, are limited to testifying to their historical opinions and the reasons for them. That is,

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they may be asked to testify to their opinions given in the past and the whys and wherefores

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concerning the development of that opinion. However, they may not be asked to render a current

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opinion for the purposes of the litigation.

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(b)

Retained experts, who may be percipient experts as well, are specifically

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designated by a party to be a testifying expert for the purposes of the litigation. The retained Rule

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26 expert may express opinions formed for the purposes of the litigation. A party designating a

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retained expert will be assumed to have acquired the express permission of the witness to be so

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listed.

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3.

The parties shall comply with the information disclosure provisions of Fed. R. Civ.

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P. 26 (a)(2) (B) for any expert who is, in whole or in part, designated as a retained expert. This

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information is due at the time of designation. Failure to supply the required information may

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result in the striking of the retained expert. No reports are necessary for purely percipient experts.

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Retained experts are to be fully prepared to render an informed opinion at the time of designation

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so that they may fully participate in any deposition taken by the opposing party. Retained experts

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will not be permitted to testify at trial as to any information gathered or evaluated, or opinion

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formed, which should have been reasonably available at the time of designation and disclosed in

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the expert report. The court will closely scrutinize for discovery abuse deposition opinions which

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differ markedly in nature and/or in bases from those expressed in the mandatory information

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disclosure.

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FINAL PRETRIAL STATEMENTS AND CONFERENCE

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The Final Pretrial Conference is set in courtroom 9 of the Honorable Kimberly J. Mueller

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on April 6, 2018 at 9:00 a.m. in Courtroom 3. Counsel are cautioned that counsel appearing for

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Pretrial must be the counsel who will in fact try the matter.

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All parties are to be fully prepared for trial at the time of the Pretrial Conference, with no

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matters remaining to be accomplished except production of witnesses for oral testimony. Counsel

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are referred to Local Rules 281 and 282 relating to the contents of and time for filing Pretrial

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Statements. A FAILURE TO COMPLY WITH LOCAL RULES 281 AND 282 WILL BE

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GROUNDS FOR SANCTIONS.

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Notwithstanding the provisions of Local Rule 281, which contemplates the filing of

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separate Pretrial Statements by plaintiffs and defendants, the parties are to prepare a JOINT

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STATEMENT with respect to the undisputed facts and disputed factual issues of the case. See

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Local Rule 281(b)(3), (4), and (6). The undisputed facts and disputed factual issues are to be set

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forth in two separate sections. The parties should identify those facts which are relevant to each

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separate cause of action. In this regard, the parties are to number each individual fact or factual
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issue. Where the parties are unable to agree as to what factual issues are properly before the court

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for trial, they should nevertheless list in the section on “DISPUTED FACTUAL ISSUES” all

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issues asserted by any of the parties and explain parenthetically the controversy concerning each

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issue. The parties should keep in mind that, in general, each fact should relate or correspond to an

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element of the relevant cause of action. The parties should also keep in mind that the purpose of

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listing the disputed factual issues is to apprise the court and all parties about the precise issues

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that will be litigated at trial. The court is not interested in a listing of all evidentiary facts

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underlying the issues that are in dispute. The joint statement of undisputed facts and disputed

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factual issues is to be filed with the court concurrently with the filing of plaintiff’s Pretrial

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Statement. If the case is tried to a jury, the undisputed facts will be read to the jury.

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Pursuant to Local Rule 281(b)(10) and (11), the parties are required to provide in their

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Pretrial Statements a list of witnesses and exhibits that they propose to proffer at trial, no matter

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for what purpose. These lists shall not be contained in the Pretrial Statement itself, but shall be

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attached as separate documents to be used as addenda to the Final Pretrial Order. Plaintiff’s

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exhibits shall be listed numerically; defendant’s exhibits shall be listed alphabetically. The

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Pretrial Order will contain a stringent standard for the proffering of witnesses and exhibits at trial

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not listed in the Pretrial Order. Counsel are cautioned that the standard will be strictly applied.

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On the other hand, the listing of exhibits or witnesses which counsel do not intend to call or use

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will be viewed as an abuse of the court’s processes.

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Counsel are also reminded that, pursuant to Fed. R. Civ. P. 16, it will be their duty at the

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Pretrial Conference to aid the court in (a) formulation and simplification of issues and the

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elimination of frivolous claims or defenses; (b) settling of facts which should be properly

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admitted; and (c) the avoidance of unnecessary proof and cumulative evidence. Counsel must

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prepare their Pretrial Statements, and participate in good faith at the Pretrial Conference, with

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these aims in mind. A FAILURE TO DO SO MAY RESULT IN THE IMPOSITION OF

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SANCTIONS which may include monetary sanctions, orders precluding proof, eliminations of

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claims or defenses, or such other sanctions as the court deems appropriate.

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TRIAL SETTING

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Trial is set for May 7, 2018 at 9:00 a.m. in Courtroom No. 3 before Judge Kimberly J.

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Mueller. Trial will be by the court. The court expects the trial will take approximately 3-5 days.

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SETTLEMENT CONFERENCE

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A Settlement Conference will be set at the time of the Pretrial Conference but the parties,

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who have indicated an interest participating in the court’s Voluntary Dispute Resolution Program

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may seek access to that program at any time during the course of the litigation.

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MISCELLANEOUS PROVISIONS

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There appear to be no other matters presently pending before the court that will aid the

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just and expeditious disposition of this matter.

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CONCLUSION

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Pursuant to Fed. R. Civ. P. 16(b), THIS COURT SUMMARIZES THE SCHEDULING
ORDER AS FOLLOWS:

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1.

Expert disclosures must be completed no later than December 18, 2017;

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2.

Supplementary expert disclosures must be made no later than January 2, 2018.

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3.

Percipient witness discovery must be completed as described in this order no later

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than January 8, 2018.

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4.

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February 5, 2018.

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5.

Expert discovery must be completed as described in this order no later than

Motions to compel discovery are to be noticed to be heard by in conformity with

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the requirements of Eastern District of California Rule 251 at a time that meets the completion

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requirements for discovery found in items 3 and 4 above.

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6.

The last day for substantive pretrial motions (Motion for Summary Judgment) to

be heard shall be March 15, 2018. The hearing will be held in Courtroom 9.

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7.

Pretrial Conference (as described in Local Rule 282) is set in this case for April 6,

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2018 at 9:00 a.m. in Courtroom 3. Pretrial statements shall be filed in accord with Local Rules

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281 and 282.

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IT IS SO ORDERED.

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This matter is set for court trial on May 7, 2018 at 9:00 a.m. in Courtroom 3.

Dated: January 25, 2017
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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