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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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XUAN THI PHAN,

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CIV. NO. 2:16-2328 WBS DB

Plaintiff,
v.
JETBLUE AIRWAYS CORPORATION,
a Delaware corporation,

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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 February 13, 2017, 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 defendant has 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 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).

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

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon diversity of

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citizenship, 28 U.S.C. § 1332.

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Venue is undisputed and hereby

found to be proper.

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IV.

DISCOVERY

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The parties shall serve the initial disclosures

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required by Federal Rule of Civil Procedure 26(a)(1) by February

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17, 2017.

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Plaintiff 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 January 15, 2018.

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and reports pursuant to Rule 26(a)(2) by February 15, 2018.

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regard to expert testimony intended solely for rebuttal, those

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experts shall be disclosed and reports produced in accordance

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with Federal Rule of Civil Procedure 26(a)(2) on or before

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February 28, 2018.

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Defendant shall disclose experts
With

The parties agree to complete fact discovery by

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December 5, 2017.

All other discovery is left open, save and

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except that it shall be so conducted as to be completed by April

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30, 2018.

The word “completed” means that all discovery shall
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have been conducted so that all depositions have been taken and

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any 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 April 30, 2018.

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V.

All motions to compel

MOTION HEARING SCHEDULE

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 May 30, 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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and motion calendar.

All motions shall be noticed
Counsel are cautioned to

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VI.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for August 13,

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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

Counsel shall file separate pretrial statements,

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In addition 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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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.

If the case is to be tried to a jury, the

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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.

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VII.

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A jury trial is set for October 10, 2018 at 9:00 a.m.

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TRIAL SETTING

The parties estimate that trial will last five to seven days.

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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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At least

If the settlement

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to the trial judge.

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IX.

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:

February 8, 2017

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