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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 BETTY RAVEL, 13 CIV. NO. 2:16-2610 WBS DB Plaintiff, 14 v. 15 HEWLETT-PACKARD ENTERPRISE, INC. and DOES 1 through 100, inclusive, 16 17 Defendant. 18 ----oo0oo---- 19 20 STATUS (PRETRIAL SCHEDULING) ORDER 21 22 After reviewing the parties’ Joint Status Report, the 23 court hereby vacates the Status (Pretrial Scheduling) Conference 24 scheduled for June 19, 2017, and makes the following findings and 25 orders without needing to consult with the parties any further. 26 I. 27 Plaintiff brought this action in the California 28 CASE BACKGROUND Superior Court on September 21, 2016. 1 (Notice of Removal Ex. A, 1 Compl. (Docket No. 1).) 2 court on November 1, 2016. 3 Defendant removed this action to this (Notice of Removal (Docket No. 1).) After removal, defendant moved to dismiss plaintiff’s 4 complaint. (Def.’s Mot. to Dismiss (Docket No. 4).) On January 5 11, 2017, the court granted defendant’s motion to dismiss in part 6 and dismissed plaintiff’s Americans with Disabilities Act (“ADA”) 7 claims and age discrimination claim.1 8 (Docket No. 10).) 9 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 10 amended complaint. 11 Complaint on January 31, (Am. Compl. (Docket No. 11)), and 12 defendant filed an Answer to that Complaint on February 14, 13 (Answer (Docket No. 12)). 14 (Id. at 24.) Plaintiff filed an amended On March 2, the parties notified the court that they 15 had agreed to participate in the court’s Voluntary Dispute 16 Resolution Program (“VDRP”). 17 (Docket No. 13.) On May 12, the parties notified the court that they 18 completed VDRP and were not able to settle this action. 19 filed the present Joint Status Report on June 9. 20 They Report (Docket No. 19).) (Joint Status 21 II. SERVICE OF PROCESS 22 The named defendant has been served, and no further 23 service is permitted except with leave of court, good cause 24 having been shown under Federal Rule of Civil Procedure 16(b). 25 /// 26 27 28 1 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).) 2 1 III. JOINDER OF PARTIES 2 No further joinder of parties or amendment to pleadings 3 is permitted except with leave of court, good cause having been 4 shown under Federal Rule of Civil Procedure 16(b). 5 v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). See Johnson 6 IV. JURISDICTION/VENUE 7 Jurisdiction is predicated upon federal question 8 jurisdiction, 28 U.S.C. § 1331, and the ADA, 42 U.S.C. § 12101 et 9 seq. Venue is undisputed and hereby found to be proper. 10 V. DISCOVERY 11 The parties shall serve the initial disclosures 12 required by Federal Rule of Civil Procedure 26(a)(1) by July 14, 13 2017. 14 The parties shall disclose experts and produce reports 15 in accordance with Federal Rule of Civil Procedure 26(a)(2) by 16 December 8, 2017. 17 solely for rebuttal, those experts shall be disclosed and reports 18 produced in accordance with Rule 26(a)(2) by January 12, 2018. 19 With regard to expert testimony intended All other discovery, including depositions for 20 preservation of testimony, is left open, save and except that it 21 shall be so conducted as to be completed by February 9, 2018. 22 The word “completed” means that all discovery shall have been 23 conducted so that all depositions have been taken and any 24 disputes relevant to discovery shall have been resolved by 25 appropriate order if necessary and, where discovery has been 26 ordered, the order has been obeyed. 27 discovery must be noticed on the magistrate judge’s calendar in 28 accordance with the local rules of this court and so that such 3 All motions to compel 1 motions may be heard (and any resulting orders obeyed) not later 2 than February 9, 2018. 3 VI. 4 All motions, except motions for continuances, temporary MOTION HEARING SCHEDULE 5 restraining orders, or other emergency applications, shall be 6 filed on or before April 13, 2018. 7 for the next available hearing date. 8 refer to the local rules regarding the requirements for noticing 9 and opposing such motions on the court’s regularly scheduled law 10 All motions shall be noticed Counsel are cautioned to and motion calendar. 11 VII. FINAL PRETRIAL CONFERENCE 12 The Final Pretrial Conference is set for June 18, 2018, 13 at 1:30 p.m. in Courtroom No. 5. 14 attended by at least one of the attorneys who will conduct the 15 trial for each of the parties and by any unrepresented parties. 16 The conference shall be Counsel for all parties are to be fully prepared for 17 trial at the time of the Pretrial Conference, with no matters 18 remaining to be accomplished except production of witnesses for 19 oral testimony. 20 and are referred to Local Rules 281 and 282 relating to the 21 contents of and time for filing those statements. 22 those subjects listed in Local Rule 281(b), the parties are to 23 provide the court with: (1) a plain, concise statement which 24 identifies every non-discovery motion which has been made to the 25 court, and its resolution; (2) a list of the remaining claims as 26 against each defendant; and (3) the estimated number of trial 27 days. 28 Counsel shall file separate pretrial statements, In addition to In providing the plain, concise statements of 4 1 undisputed facts and disputed factual issues contemplated by 2 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 3 that remain at issue, and any remaining affirmatively pled 4 defenses thereto. 5 parties shall also prepare a succinct statement of the case, 6 which is appropriate for the court to read to the jury. If the case is to be tried to a jury, the 7 VIII. 8 A jury trial is set August 14, 2018 at 9:00 a.m. 9 TRIAL SETTING The parties estimate that trial will last five days. 10 IX. SETTLEMENT CONFERENCE 11 A Settlement Conference will be set at the time of the 12 Pretrial Conference. 13 the court whether they will stipulate to the trial judge acting 14 as settlement judge and waive disqualification by virtue thereof. 15 All parties should be prepared to advise Counsel are instructed to have a principal with full 16 settlement authority present at the Settlement Conference or to 17 be fully authorized to settle the matter on any terms. 18 seven calendar days before the Settlement Conference counsel for 19 each party shall submit a confidential Settlement Conference 20 Statement for review by the settlement judge. 21 judge is not the trial judge, the Settlement Conference 22 Statements shall not be filed and will not otherwise be disclosed 23 to the trial judge. At least If the settlement 24 X. MODIFICATIONS TO SCHEDULING ORDER 25 Any requests to modify the dates or terms of this 26 Scheduling Order, except requests to change the date of the 27 trial, may be heard and decided by the assigned Magistrate Judge. 28 All requests to change the trial date shall be heard and decided 5 1 only by the undersigned judge. 2 Dated: June 13, 2017 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?