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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,
Plaintiff,

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CIV. NO. 2:16-2311 WBS CKD

v.
A&J PETRO INC., a California
corporation, and DOES 1
through 10,

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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 25, 2017, 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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SERVICE OF PROCESS
The named defendant has been served, and no further

service is permitted without leave of court, good cause having
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been shown under Federal Rule of Civil Procedure 16(b).
II.

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JOINDER OF PARTIES/AMENDMENTS
No further joinder of parties or amendments to

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pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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(9th Cir. 1992).

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See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604

III. JURISDICTION/VENUE
Jurisdiction is predicated upon federal question

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jurisdiction, 28 U.S.C. §§ 1331, 1343, because plaintiff’s claim

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arises under the Americans with Disabilities Act of 1990, 42

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U.S.C. § 12101, et seq.

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over the claims brought under the Unruh Act pursuant to 28 U.S.C.

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§ 1367(a) as the claims arise from the same incident.

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undisputed and hereby found to be proper.

The court has supplemental jurisdiction

Venue is

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IV.

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The parties have served the initial disclosures

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DISCOVERY

required by Federal Rule of Civil Procedure 26(a)(1).
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 December 1, 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 January 2, 2018.

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With regard to expert testimony

According to Federal Rule of Civil Procedure 33, a

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party may serve on any other party no more than twenty-five

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written interrogatories.

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serve additional interrogatories to the extent it is consistent

However, the court may grant leave to

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with Federal Rule of Civil Procedure 269b)(1) and(2).

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Civ. P. 33.

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the “aim is not to prevent needed discovery, but to provide

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judicial scrutiny before parties make potentially excessive use

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of this discovery device.

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for the court to permit a larger number of interrogatories in the

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scheduling order.”

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for why he requests leave to serve forty-five, rather than

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twenty-five. As a result, the court denies plaintiff’s request.

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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

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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 February 3, 2018.

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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 February 3, 2018.

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V.

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All motions, except motions for continuances, temporary

All motions to compel

MOTION HEARING SCHEDULE

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restraining orders, or other emergency applications, shall be

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filed on or before March 16, 2018.

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for the next available hearing date.

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refer to the local rules regarding the requirements for noticing

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and opposing such motions on the court’s regularly scheduled law
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All motions shall be noticed
Counsel are cautioned to

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and motion calendar.

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VI. FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for May 21, 2018,

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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

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against each defendant; and (3) the estimated number of trial

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days.

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Counsel shall file separate pretrial statements,

In addition to

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.

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The jury trial is set for July 24, 2018 at 9:00 a.m.

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TRIAL SETTING

The parties estimate that a jury trial will last two to three
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days.

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VIII.

SETTLEMENT CONFERENCE

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The court referred this case to the Voluntary Dispute

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Resolution Program (“VDPR”), but the parties have not yet

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completed their VDPR session.

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set at the time of the Pretrial Conference.

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be prepared to advise the court whether they will stipulate to

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the trial judge acting as settlement judge and waive

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disqualification by virtue thereof.

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A Settlement Conference will be
All parties should

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

Any requests to modify the dates or terms of this Scheduling

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Order, except requests to change the date of the trial, may be

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heard and decided by the assigned Magistrate Judge.

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to change the trial date shall be heard and decided only by the

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undersigned judge.

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IT IS SO ORDERED.
Dated:

September 20, 2017

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All requests