Howard v. William Jessup University

Filing 11

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 8/8/17 ORDERING that the 8/14/2017 Status (Pretrial Scheduling) Conference is VACATED. Designation of Expert Witnesses due no later than 8/17/2018 and rebuttal disclosure s due no later than 9/14/2018. All discovery shall be completed by 10/26/2018. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 11/16/2018. The Final Pretrial Conference is SET for 1/28/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial is SET for 4/2/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
----oo0oo----

11
12

JAMIE HOWARD,
Plaintiff,

13
14
15
16

v.
WILLIAM JESSUP UNIVERSITY;
DOES 1 to 50,
Defendants.

17

----oo0oo----

18
19

STATUS (PRETRIAL SCHEDULING) ORDER

20
21
22
23
24
25
26
27

CIV. NO. 2:17-00756 WBS KJN

After reviewing the parties’ Joint Status Report, the
court hereby vacates the Status (Pretrial Scheduling) Conference
scheduled for August 14, 2017, and makes the following findings
and orders without needing to consult with the parties any
further.
I.

SERVICE OF PROCESS

The named defendant has been served, and no further
service is permitted without leave of court, good cause having

28
1

1

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

2

II.

3

JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings

4

will be permitted by any party except with leave of court, good

5

cause having been shown under Federal Rule of Civil Procedure

6

16(b).

7

(9th Cir. 1992).

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

8

III.

JURISDICTION/VENUE

9

Jurisdiction is predicated upon federal question

10

jurisdiction, 28 U.S.C. § 1331, because plaintiff’s claim arise

11

under Title IX of the Education Amendments of 1972, 20 U.S.C. §

12

1681.

Supplemental jurisdiction is predicated upon 28 U.S.C. §

13

1367.

Venue is undisputed and is hereby found to be proper.

14
15

IV.

DISCOVERY

The parties agreed to serve the initial disclosures

16

required by Federal Rule of Civil Procedure 26(a)(1) by no later

17

than July 21, 2017.

18

served no later than September 11, 2017.

19

Any such disclosures not served shall be

The parties shall disclose experts and produce reports

20

in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

21

later than August 17, 2018.

22

intended solely for rebuttal, those disclosures shall be

23

disclosed and reports produced in accordance with Federal Rule of

24

Civil Procedure 26(a)(2) on or before September 14, 2018.

25

With regard to expert testimony

All discovery, including depositions for preservation of

26

testimony, is left open, save an except that it shall be so

27

conducted as to be completed by October 26, 2018.

28

“completed” means that all discovery shall have been conducted so
2

The word

1

that all depositions have been taken and any disputes relevant to

2

discovery shall have been resolved by appropriate order if

3

necessary and, where discovery has been ordered, the order has

4

been obeyed.

5

the magistrate judge’s calendar in accordance with the local

6

rules of this court and so that such motions may be heard (and

7

any resulting orders obeyed) not later than October 26, 2018.

All motions to compel discovery must be noticed on

8

V.

MOTION HEARING SCHEDULE

9

All motions, except motions for continuances, temporary

10

restraining orders, or other emergency applications, shall be

11

filed on or before November 16, 2018.

12

noticed for the next available hearing date.

13

cautioned to refer to the local rules regarding the requirements

14

for noticing and opposing such motions on the court’s regularly

15

scheduled law and motion calendar.

All motions shall be
Counsel are

16

VI.

FINAL PRETRIAL CONFERENCE

17

The Final Pretrial Conference is set for January 28,

18

2019, at 1:30 p.m. in Courtroom No. 5.

19

attended by at least one of the attorneys who will conduct the

20

trial for each of the parties and by any unrepresented parties.

21

The conference shall be

Counsel for all parties are to be fully prepared for

22

trial at the time of the Pretrial Conference, with no matters

23

remaining to be accomplished except production of witnesses for

24

oral testimony.

25

and are referred to Local Rules 281 and 282 relating to the

26

contents of and time for filing those statements.

27

those subjects listed in Local Rule 281(b), the parties are to

28

provide the court with: (1) a plain, concise statement which

Counsel shall file separate pretrial statements,

3

In addition to

1

identifies every non-discovery motion which has been made to the

2

court, and its resolution; (2) a list of the remaining claims as

3

against each defendant; and (3) the estimated number of trial

4

days.

5

In providing the plain, concise statements of

6

undisputed facts and disputed factual issues contemplated by

7

Local Rule 281(b)(3)-(4), the parties shall emphasize the claims

8

that remain at issue, and any remaining affirmatively pled

9

defenses thereto.

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

10

parties shall also prepare a succinct statement of the case,

11

which is appropriate for the court to read to the jury.

12

VII.

13

The jury trial is set for April 2, 2019, at 9:00 a.m.

14

TRIAL SETTING

The parties estimate that a jury trial will last five days.

15

VIII.

SETTLEMENT CONFERENCE

16

A Settlement Conference will be set at the time of the

17

Pretrial Conference.

18

the court whether they will stipulate to the trial judge acting

19

as settlement judge and waive disqualification by virtue thereof.

20

All parties should be prepared to advise

Counsel are instructed to have a principal with full

21

settlement authority present at the Settlement Conference or to

22

be fully authorized to settle the matter on any terms.

23

seven calendar days before the Settlement Conference counsel for

24

each party shall submit a confidential Settlement Conference

25

Statement for review by the settlement judge.

26

judge is not the trial judge, the Settlement Conference

27

Statements shall not be filed and will not otherwise be disclosed

28

to the trial judge.
4

At least

If the settlement

1

IX.

2

Any requests to modify the dates or terms of this

3

Scheduling Order, except requests to change the date of the

4

trial, may be heard and decided by the assigned Magistrate Judge.

5

All requests to change the trial date shall be heard and decided

6

only by the undersigned judge.

7

Dated:

MODIFICATIONS TO SCHEDULING ORDER

August 8, 2017

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5