Phan v. Jetblue Airways Corporation

Filing 24

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 2/8/17 ORDERING that the 2/13/2017 Status (Pretrial Scheduling) Conference is VACATED. Plaintiff shall disclose experts and produce reports by no later than 1/15/2018. D efendant shall disclose experts and reports by 2/15/2018. Expert rebuttal shall be disclosed and reports produced on or before 2/28/2018. Discovery shall be completed by 4/30/2018. Motions to compel discovery must be noticed before the magi strate judge's calendar to be heard not later than 4/30/2018. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 5/30/2018. The Final Pretrial Conference is SET for 8/13/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial is SET for 10/10/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)

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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 XUAN THI PHAN, 13 14 15 16 CIV. NO. 2:16-2328 WBS DB Plaintiff, v. JETBLUE AIRWAYS CORPORATION, a Delaware corporation, 17 Defendant. 18 ----oo0oo---- 19 20 STATUS (PRETRIAL SCHEDULING) ORDER 21 After reviewing the parties’ Joint Status Report, the 22 23 court hereby vacates the Status (Pretrial Scheduling) Conference 24 scheduled for February 13, 2017, and makes the following findings 25 and orders without needing to consult with the parties any 26 further. 27 I. SERVICE OF PROCESS 28 The named defendant has been served, and no further 1 1 service is permitted without leave of court, good cause having 2 been shown under Federal Rule of Civil Procedure 16(b). 3 II. JOINDER OF PARTIES/AMENDMENTS 4 No further joinder of parties or amendments to 5 pleadings will be permitted except with leave of court, good 6 cause having been shown under Federal Rule of Civil Procedure 7 16(b). 8 (9th Cir. 1992). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 9 III. JURISDICTION/VENUE 10 Jurisdiction is predicated upon diversity of 11 citizenship, 28 U.S.C. § 1332. 12 Venue is undisputed and hereby found to be proper. 13 IV. DISCOVERY 14 The parties shall serve the initial disclosures 15 required by Federal Rule of Civil Procedure 26(a)(1) by February 16 17, 2017. 17 Plaintiff shall disclose experts and produce reports 18 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 19 later than January 15, 2018. 20 and reports pursuant to Rule 26(a)(2) by February 15, 2018. 21 regard to expert testimony intended solely for rebuttal, those 22 experts shall be disclosed and reports produced in accordance 23 with Federal Rule of Civil Procedure 26(a)(2) on or before 24 February 28, 2018. 25 Defendant shall disclose experts With The parties agree to complete fact discovery by 26 December 5, 2017. All other discovery is left open, save and 27 except that it shall be so conducted as to be completed by April 28 30, 2018. The word “completed” means that all discovery shall 2 1 have been conducted so that all depositions have been taken and 2 any disputes relevant to discovery shall have been resolved by 3 appropriate order if necessary and, where discovery has been 4 ordered, the order has been obeyed. 5 discovery must be noticed on the magistrate judge’s calendar in 6 accordance with the local rules of this court and so that such 7 motions may be heard (and any resulting orders obeyed) not later 8 than April 30, 2018. 9 10 V. All motions to compel MOTION HEARING SCHEDULE All motions, except motions for continuances, temporary 11 restraining orders, or other emergency applications, shall be 12 filed on or before May 30, 2018. 13 for the next available hearing date. 14 refer to the local rules regarding the requirements for noticing 15 and opposing such motions on the court’s regularly scheduled law 16 and motion calendar. All motions shall be noticed Counsel are cautioned to 17 VI. FINAL PRETRIAL CONFERENCE 18 The Final Pretrial Conference is set for August 13, 19 2018, at 1:30 p.m. in Courtroom No. 5. 20 attended by at least one of the attorneys who will conduct the 21 trial for each of the parties and by any unrepresented parties. 22 The conference shall be Counsel for all parties are to be fully prepared for 23 trial at the time of the Pretrial Conference, with no matters 24 remaining to be accomplished except production of witnesses for 25 oral testimony. 26 and are referred to Local Rules 281 and 282 relating to the 27 contents of and time for filing those statements. 28 those subjects listed in Local Rule 281(b), the parties are to Counsel shall file separate pretrial statements, 3 In addition to 1 provide the court with: (1) a plain, concise statement which 2 identifies every non-discovery motion which has been made to the 3 court, and its resolution; (2) a list of the remaining claims as 4 against each defendant; and (3) the estimated number of trial 5 days. 6 In providing the plain, concise statements of 7 undisputed facts and disputed factual issues contemplated by 8 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 9 that remain at issue, and any remaining affirmatively pled 10 defenses thereto. If the case is to be tried to a jury, the 11 parties shall also prepare a succinct statement of the case, 12 which is appropriate for the court to read to the jury. 13 VII. 14 A jury trial is set for October 10, 2018 at 9:00 a.m. 15 TRIAL SETTING The parties estimate that trial will last five to seven days. 16 VIII. SETTLEMENT CONFERENCE 17 A Settlement Conference will be set at the time of the 18 Pretrial Conference. 19 the court whether they will stipulate to the trial judge acting 20 as settlement judge and waive disqualification by virtue thereof. 21 All parties should be prepared to advise Counsel are instructed to have a principal with full 22 settlement authority present at the Settlement Conference or to 23 be fully authorized to settle the matter on any terms. 24 seven calendar days before the Settlement Conference counsel for 25 each party shall submit a confidential Settlement Conference 26 Statement for review by the settlement judge. 27 judge is not the trial judge, the Settlement Conference 28 Statements shall not be filed and will not otherwise be disclosed 4 At least If the settlement 1 to the trial judge. 2 IX. MODIFICATIONS TO SCHEDULING ORDER 3 Any requests to modify the dates or terms of this 4 Scheduling Order, except requests to change the date of the 5 trial, may be heard and decided by the assigned Magistrate Judge. 6 All requests to change the trial date shall be heard and decided 7 only by the undersigned judge. 8 Dated: February 8, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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