Johnson v. A & J Petro Inc.

Filing 23

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 9/20/17: Discovery due by 12/1/2017. Dispositive Motions filed by 3/16/2018. Final Pretrial Conference set for 5/21/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 7/24/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 SCOTT JOHNSON, Plaintiff, 13 14 15 16 CIV. NO. 2:16-2311 WBS CKD v. A&J PETRO INC., a California corporation, and DOES 1 through 10, 17 Defendant. 18 ----oo0oo---- 19 STATUS (PRETRIAL SCHEDULING) ORDER 20 After reviewing the parties’ Joint Status Report, the 21 22 court hereby vacates the Status (Pretrial Scheduling) Conference 23 scheduled for September 25, 2017, and makes the following 24 findings and orders without needing to consult with the parties 25 any further. 26 I. 27 28 SERVICE OF PROCESS The named defendant has been served, and no further service is permitted without leave of court, good cause having 1 1 2 been shown under Federal Rule of Civil Procedure 16(b). II. 3 JOINDER OF PARTIES/AMENDMENTS No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). 7 (9th Cir. 1992). 8 9 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 III. JURISDICTION/VENUE Jurisdiction is predicated upon federal question 10 jurisdiction, 28 U.S.C. §§ 1331, 1343, because plaintiff’s claim 11 arises under the Americans with Disabilities Act of 1990, 42 12 U.S.C. § 12101, et seq. 13 over the claims brought under the Unruh Act pursuant to 28 U.S.C. 14 § 1367(a) as the claims arise from the same incident. 15 undisputed and hereby found to be proper. The court has supplemental jurisdiction Venue is 16 IV. 17 The parties have served the initial disclosures 18 19 DISCOVERY required by Federal Rule of Civil Procedure 26(a)(1). The parties shall disclose experts and produce reports 20 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 21 later than December 1, 2017. 22 intended solely for rebuttal, those experts shall be disclosed 23 and reports produced in accordance with Federal Rule of Civil 24 Procedure 26(a)(2) on or before January 2, 2018. 25 With regard to expert testimony According to Federal Rule of Civil Procedure 33, a 26 party may serve on any other party no more than twenty-five 27 written interrogatories. 28 serve additional interrogatories to the extent it is consistent However, the court may grant leave to 2 1 with Federal Rule of Civil Procedure 269b)(1) and(2). 2 Civ. P. 33. 3 the “aim is not to prevent needed discovery, but to provide 4 judicial scrutiny before parties make potentially excessive use 5 of this discovery device. 6 for the court to permit a larger number of interrogatories in the 7 scheduling order.” 8 for why he requests leave to serve forty-five, rather than 9 twenty-five. As a result, the court denies plaintiff’s request. 10 Fed. R. The Advisory Committee Notes to Rule 33 explain that Id. In many cases it will be appropriate Here, plaintiff offers no explanation All other discovery, including depositions for 11 preservation of testimony, is left open, save and except that it 12 shall be so conducted as to be completed by February 3, 2018. 13 The word “completed” means that all discovery shall have been 14 conducted so that all depositions have been taken and any 15 disputes relevant to discovery shall have been resolved by 16 appropriate order if necessary and, where discovery has been 17 ordered, the order has been obeyed. 18 discovery must be noticed on the magistrate judge’s calendar in 19 accordance with the local rules of this court and so that such 20 motions may be heard (and any resulting orders obeyed) not later 21 than February 3, 2018. 22 V. 23 All motions, except motions for continuances, temporary All motions to compel MOTION HEARING SCHEDULE 24 restraining orders, or other emergency applications, shall be 25 filed on or before March 16, 2018. 26 for the next available hearing date. 27 refer to the local rules regarding the requirements for noticing 28 and opposing such motions on the court’s regularly scheduled law 3 All motions shall be noticed Counsel are cautioned to 1 and motion calendar. 2 VI. FINAL PRETRIAL CONFERENCE 3 The Final Pretrial Conference is set for May 21, 2018, 4 at 1:30 p.m. in Courtroom No. 5. 5 attended by at least one of the attorneys who will conduct the 6 trial for each of the parties and by any unrepresented parties. 7 The conference shall be Counsel for all parties are to be fully prepared for 8 trial at the time of the Pretrial Conference, with no matters 9 remaining to be accomplished except production of witnesses for 10 oral testimony. 11 and are referred to Local Rules 281 and 282 relating to the 12 contents of and time for filing those statements. 13 those subjects listed in Local Rule 281(b), the parties are to 14 provide the court with: (1) a plain, concise statement which 15 identifies every non-discovery motion which has been made to the 16 court, and its resolution; (2) a list of the remaining claims as 17 against each defendant; and (3) the estimated number of trial 18 days. 19 Counsel shall file separate pretrial statements, In addition to In providing the plain, concise statements of 20 undisputed facts and disputed factual issues contemplated by 21 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 22 that remain at issue, and any remaining affirmatively pled 23 defenses thereto. 24 parties shall also prepare a succinct statement of the case, 25 which is appropriate for the court to read to the jury. If the case is to be tried to a jury, the 26 VII. 27 The jury trial is set for July 24, 2018 at 9:00 a.m. 28 TRIAL SETTING The parties estimate that a jury trial will last two to three 4 1 days. 2 VIII. SETTLEMENT CONFERENCE 3 The court referred this case to the Voluntary Dispute 4 Resolution Program (“VDPR”), but the parties have not yet 5 completed their VDPR session. 6 set at the time of the Pretrial Conference. 7 be prepared to advise the court whether they will stipulate to 8 the trial judge acting as settlement judge and waive 9 disqualification by virtue thereof. 10 A Settlement Conference will be All parties should Counsel are instructed to have a principal with full 11 settlement authority present at the Settlement Conference or to 12 be fully authorized to settle the matter on any terms. 13 seven calendar days before the Settlement Conference counsel for 14 each party shall submit a confidential Settlement Conference 15 Statement for review by the settlement judge. 16 judge is not the trial judge, the Settlement Conference 17 Statements shall not be filed and will not otherwise be disclosed 18 to the trial judge. 19 20 IX. At least If the settlement MODIFICATIONS TO SCHEDULING ORDER Any requests to modify the dates or terms of this Scheduling 21 Order, except requests to change the date of the trial, may be 22 heard and decided by the assigned Magistrate Judge. 23 to change the trial date shall be heard and decided only by the 24 undersigned judge. 25 26 IT IS SO ORDERED. Dated: September 20, 2017 27 28 5 All requests

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