Maestas v. Wal-Mart Stores, Inc.

Filing 20

STATUS (PRETRIAL SCHEDULING) FOR CLASS CERTIFICATION ORDER signed by District Judge Kimberly J. Mueller on 4/17/17: Initial Expert Disclosure: 1/5/2018. All Discovery Cut-Off: July 20, 2018. Filing of Motion for Class Certification: 1/19/2018. Mediation shall occur by April 27, 2018, and the parties shall notify the court within seven days of completion of private mediation of the status of their settlement efforts. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY MAESTAS,

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No. 2:16-cv-02597 KJM KJN

Plaintiff,

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v.

STATUS (PRETRIAL SCHEDULING) FOR
CLASS CERTIFICATION

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WAL-MART STORES, INC.,

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Defendant.

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An initial scheduling conference was held in this case on April 7, 2017. Thomas Wheeler

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appeared for plaintiff; Eugene Hahm appeared for defendant.
Having reviewed the parties’ Joint Status Report filed on March 17, 2016, and discussed a

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schedule for class certification with counsel at the hearing, the court makes the following orders:

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I.

SERVICE OF PROCESS
All named defendants have been served and no further service is permitted without leave

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of court, good cause having been shown.

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II.

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ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS
Plaintiff shall file an amended complaint within fourteen (14) days of the scheduling

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conference. Any further joinder of parties or amendments to pleadings is not permitted without

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leave of court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth

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Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).
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III.

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JURISDICTION/VENUE
Jurisdiction is predicated upon 28 U.S.C. § 1332(d)(2). Jurisdiction and venue are not

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disputed.

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IV.

DISCLOSURE OF EXPERT WITNESSES

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The court sets the following schedule for experts in connection with Class Certification:

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Initial Expert Disclosure:

January 5, 2018

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Completion of Opening Expert
Witness Depositions:

February 9, 2018

Rebuttal Expert Disclosure:

February 16, 2018

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Completion of Rebuttal Expert
Witness Depositions:

March 2, 2018

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All Discovery Cut-Off:

July 20, 2018

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V.

MOTION FOR CLASS CERTIFICATION

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The court sets the following schedule for briefing and hearing on Class Certification:

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Filing of Motion for Class Certification:

January 19, 2018

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Opposition to Motion for Class
Certification:

February 23, 2018

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Reply in Support of Motion for Class
Certification:

March 9, 2018

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Hearing on Motion for Class Certification:

April 6, 2018

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VI.

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SETTLEMENT CONFERENCE
The parties are agreeable to attending private mediation in this matter. Mediation shall

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occur by April 27, 2018, and the parties shall notify the court within seven days of completion of

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private mediation of the status of their settlement efforts.

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VII.

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FURTHER SCHEDULING
All further scheduling dates will be set after the court’s ruling on plaintiff’s motion for

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class certification.

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VIII.

MODIFICATION OF STATUS (PRETRIAL SCHEDULING) ORDER

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The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil

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Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court
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upon a showing of good cause. Agreement of the parties by stipulation alone does not constitute

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good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel does

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not constitute good cause.

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IX.

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OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER
This Status Order will become final without further order of the court unless objections

are filed within fourteen (14) calendar days of service of this Order.
IT IS SO ORDERED.
DATED: April 17, 2017

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UNITED STATES DISTRICT JUDGE

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