Ravel v. Hewlett-Packard Enterprises, Inc.

Filing 20

STATUS PRETRIAL SCHEDULING ORDER signed by Senior Judge William B. Shubb on 6/13/2017 ORDERING After reviewing the parties' Joint Status Report, the court hereby VACATES the Status (Pretrial Scheduling) Conference scheduled for 6/19/2017; Initia l Disclosures required by FRCP 26(a)(1) by 7/14/2017; Discloser of Expert Witnesses due by 12/8/2017, expert testimony for rebuttal by 1/12/2018; Discovery due by 2/9/2018; Dispositive Motions filed by 4/13/2018; Final Pretrial Conference set for 6/18/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and Jury Trial set for 8/14/2018 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BETTY RAVEL,

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CIV. NO. 2:16-2610 WBS DB
Plaintiff,

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v.

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HEWLETT-PACKARD ENTERPRISE,
INC. and DOES 1 through 100,
inclusive,

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Defendant.

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----oo0oo----

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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 June 19, 2017, and makes the following findings and

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orders without needing to consult with the parties any further.

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I.

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Plaintiff brought this action in the California

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CASE BACKGROUND

Superior Court on September 21, 2016.
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(Notice of Removal Ex. A,

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Compl. (Docket No. 1).)

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court on November 1, 2016.

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Defendant removed this action to this
(Notice of Removal (Docket No. 1).)

After removal, defendant moved to dismiss plaintiff’s

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complaint.

(Def.’s Mot. to Dismiss (Docket No. 4).)

On January

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11, 2017, the court granted defendant’s motion to dismiss in part

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and dismissed plaintiff’s Americans with Disabilities Act (“ADA”)

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claims and age discrimination claim.1

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(Docket No. 10).)

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plaintiff twenty days from the date of the order to file an

(Jan. 11, 2017 Order at 23

In its dismissal order, the court provided

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amended complaint.

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Complaint on January 31, (Am. Compl. (Docket No. 11)), and

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defendant filed an Answer to that Complaint on February 14,

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(Answer (Docket No. 12)).

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(Id. at 24.)

Plaintiff filed an amended

On March 2, the parties notified the court that they

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had agreed to participate in the court’s Voluntary Dispute

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Resolution Program (“VDRP”).

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(Docket No. 13.)

On May 12, the parties notified the court that they

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completed VDRP and were not able to settle this action.

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filed the present Joint Status Report on June 9.

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They

Report (Docket No. 19).)

(Joint Status

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II.

SERVICE OF PROCESS

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The named defendant has been served, and no further

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service is permitted except with leave of court, good cause

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having been shown under Federal Rule of Civil Procedure 16(b).

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///

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The court declined to dismiss plaintiff’s Fair
Employment and Housing Act disability discrimination claims and
intentional infliction of emotional distress claim. (Jan. 11,
2017 Order at 23-24 (Docket No. 10).)
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III. JOINDER OF PARTIES

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No further joinder of parties or amendment to pleadings

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is permitted except with leave of court, good cause having been

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shown under Federal Rule of Civil Procedure 16(b).

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

See Johnson

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IV. JURISDICTION/VENUE

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Jurisdiction is predicated upon federal question

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jurisdiction, 28 U.S.C. § 1331, and the ADA, 42 U.S.C. § 12101 et

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seq.

Venue is undisputed and hereby found to be proper.

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V.

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 July 14,

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2017.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by

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December 8, 2017.

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solely for rebuttal, those experts shall be disclosed and reports

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produced in accordance with Rule 26(a)(2) by January 12, 2018.

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With regard to expert testimony intended

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 9, 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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All motions to compel

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motions may be heard (and any resulting orders obeyed) not later

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than February 9, 2018.

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VI.

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All motions, except motions for continuances, temporary

MOTION HEARING SCHEDULE

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restraining orders, or other emergency applications, shall be

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filed on or before April 13, 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

and motion calendar.

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VII.

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for June 18, 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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VIII.

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A jury trial is set August 14, 2018 at 9:00 a.m.

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TRIAL SETTING
The

parties estimate that trial will last five days.

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IX.

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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to the trial judge.

At least

If the settlement

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X.

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:

June 13, 2017

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