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)

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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

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