Horn v. Experis US Inc., a Manpower Brand Company

Filing 19

STATUS PRETRIAL SCHEDULING ORDER signed by Judge Deborah Barnes on 03/09/2018 ORDERING that the parties shall make initial disclosures under Federal Rule of Civil Procedure 26 no later than 28 days from the date of the 3/9/2018 hearing; Designation o f Plaintiff's Expert Witnesses due by 09/14/2018 with any rebuttal expert disclosures by 10/12/2018; Designation of Defendant's Expert Witnesses due by 09/28/2018; Discovery due by 11/09/2018; Dispositive Motions to be completed by 12/28/2018; Final Pretrial Conference set for 3/8/2019 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez; Jury Trial set for 4/29/2019 at 9:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Fabillaran, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ELLA W. HORN,

12

Plaintiff,

13
14
15

No. 2:17-cv-0814 JAM DB PS

v.
EXPERIS US INC., A MANPOWER
BRAND COMPANY,

16

Defendant.

17
STATUS (PRETRIAL SCHEDULING) ORDER

18

READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES WHICH

19
20

THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND

21

PARTIES MUST COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS

22

ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER

23

SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN

24

ORDER OF JUDGMENT.
Pursuant to court order, a Status (Pretrial Scheduling) Conference was held in this action

25
26
27
28

on March 9, 2018, at 10:00 a.m. before the undersigned.1 Plaintiff Ella Horn appeared on her
1

Plaintiff is proceeding in this action pro se. This matter was, therefore, referred to the
undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
1

1

own behalf. Attorney Barbara Blackburn appeared on behalf of the defendant.

2

After hearing, the court makes the following findings and orders:

3

SERVICE OF PROCESS

4

Service of process has been completed. No further service is permitted except with leave

5

of court, good cause having been shown.

6

JOINDER OF PARTIES/AMENDMENTS

7

No further joinder of parties or amendment to pleadings is permitted except with leave of

8

court, good cause having been shown. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,

9

609-10 (9th Cir. 1992).

10

JURISDICTION/VENUE

11

Jurisdiction over this action is predicated on the court’s federal question jurisdiction

12

pursuant to 28 U.S.C. § 1331. Defendant does not dispute either jurisdiction or venue and both

13

appear to be proper.

14

DISCOVERY

15

The parties shall make initial disclosures under Federal Rule of Civil Procedure 26 no

16

later than 28 days from the date of the March 9, 2018 hearing. Plaintiff shall disclose experts no

17

later than September 14, 2018. Defendant shall disclose experts no later than September 28,

18

2018. Rebuttal experts shall be disclosed no later than October 12, 2018. All discovery is left

19

open, save and except that it shall be so conducted as to be completed by November 9, 2018.

20

The word “completed” means that all discovery shall have been conducted so that all depositions

21

have been taken and any disputes relative to discovery shall have been resolved by appropriate

22

order if necessary and, where discovery has been ordered, the order has been complied with.

23

MOTION HEARING SCHEDULE

24

All law and motion, except as to discovery, is left open, save and except that it shall be

25

conducted so as to be completed by December 28, 2018. The word “completed” in this context

26

means that all law and motion matters must be heard by the above date. The parties are cautioned

27

to refer to the local rules, specifically Local Rule 230, regarding the requirements for noticing

28

such motions on the court’s regularly scheduled law and motion calendar. The parties shall file
2

1

with the court and serve opposition OR a statement of non-opposition to every properly

2

noticed motion not later than fourteen (14) days preceding the hearing date. Any reply by

3

the moving party shall be filed with the court and served not later than seven (7) days

4

preceding the hearing date. This paragraph does not preclude motions for continuances,

5

temporary restraining orders or other emergency applications, and is subject to any special

6

scheduling set forth in the “MISCELLANEOUS PROVISIONS” paragraph below.

7

The parties should keep in mind that the purpose of law and motion is to narrow and

8

refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that are

9

susceptible to resolution without trial. To accomplish that purpose, the parties need to identify

10

and fully research the issues presented by the case, and then examine those issues in light of the

11

evidence gleaned through discovery. If it appears after examining the legal issues and facts that

12

an issue can be resolved by pretrial motion, the parties are to file the appropriate motion by the

13

law and motion cutoff set forth supra.

14

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL

15

MOTION. The parties are reminded that motions in limine are procedural devices designed to

16

address the admissibility of evidence. THE PARTIES ARE CAUTIONED THAT THE COURT

17

WILL LOOK WITH DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE

18

GUISE OF MOTIONS IN LIMINE AT THE TIME OF TRIAL.

19

FINAL PRETRIAL CONFERENCE

20

The Final Pretrial Conference is set for March 8, 2019, at 11:00 a.m. in courtroom no. 6

21

before the Honorable John A. Mendez. Trial counsel shall appear at the Final Pretrial

22

Conference.

23

The parties are to be fully prepared for trial at the time of the Pretrial Conference, with no

24

matters remaining to be accomplished except production of witnesses for oral testimony. The

25

parties are referred to Local Rules 281 and 282 relating to the contents of and time for filing

26

Pretrial Statements. A FAILURE TO COMPLY WITH LOCAL RULES 281 AND 282 WILL

27

BE GROUNDS FOR SANCTIONS.

28

////
3

1

Notwithstanding the provisions of Local Rule 281, which contemplates the filing of

2

separate Pretrial Statements by plaintiff and defendants, the parties are to prepare a JOINT

3

STATEMENT with respect to the undisputed facts and disputed factual issues of the case. The

4

undisputed facts and disputed factual issues are to be set forth in two separate sections. The

5

parties should identify those facts which are relevant to each separate cause of action. In this

6

regard, the parties are to number each individual fact or factual issue. Where the parties are

7

unable to agree as to what factual issues are properly before the court for trial, they should

8

nevertheless list in the section on “DISPUTED FACTUAL ISSUES” all issues asserted by any of

9

the parties and explain by parenthetical the controversy concerning each issue. The parties should

10

keep in mind that, in general, each fact should relate or correspond to an element of the relevant

11

cause of action. The parties should also keep in mind that the purpose of listing the disputed

12

factual issues is to apprise the court and all parties about the precise issues that will be litigated at

13

trial. The court is not interested in a listing of all evidentiary facts underlying the issues that are

14

in dispute. However, with respect to the listing of undisputed facts, the court will accept

15

agreements as to evidentiary facts. The joint statement of undisputed facts and disputed factual

16

issues is to be filed with the court concurrently with the filing of plaintiff’s Pretrial Statement. If

17

the case is tried to a jury, the undisputed facts will be read to the jury.

18

Pursuant to Local Rule 281(b)(10) and (11), the parties are required to provide in their

19

Pretrial Statements a list of witnesses and exhibits that they propose to proffer at trial, no matter

20

for what purpose. These lists shall not be contained in the Pretrial Statement itself, but shall be

21

attached as separate documents to be used as addenda to the Final Pretrial Order. Plaintiff’s

22

exhibits shall be listed numerically; defendant’s exhibits shall be listed alphabetically. The

23

Pretrial Order will contain a stringent standard for the proffering of witnesses and exhibits at trial

24

not listed in the Pretrial Order. Counsel are cautioned that the standard will be strictly applied.

25

On the other hand, the listing of exhibits or witnesses which counsel do not intend to call or use

26

will be viewed as an abuse of the court’s processes.

27
28

The parties are also reminded that, pursuant to Fed. R. Civ. P. 16, it will be their duty at
the Pretrial Conference to aid the court in (a) formulation and simplification of issues and the
4

1

elimination of frivolous claims or defenses; (b) settling of facts which should be properly

2

admitted; and (c) the avoidance of unnecessary proof and cumulative evidence. The parties must

3

prepare their Pretrial Statements, and participate in good faith at the Pretrial Conference, with

4

these aims in mind. A FAILURE TO DO SO MAY RESULT IN THE IMPOSITION OF

5

SANCTIONS which may include monetary sanctions, orders precluding proof, eliminations of

6

claims or defenses, or such other sanctions as the court deems appropriate.

7

TRIAL SETTING

8

A jury trial is set on April 29, 2019, at 9:00 a.m. in courtroom no. 6 before the Honorable

9

John A. Mendez and is estimated to last 5 court days.

10

SETTLEMENT CONFERENCE

11

The parties are advised that a Settlement Conference may be scheduled when the Final

12

Pretrial Conference is held.2 The court may require that all parties proceeding pro se be present at

13

the Settlement Conference. Such a settlement conference may be set before the undersigned, if

14

both parties request that the undersigned participate in the conference and will waive any claim of

15

disqualification on that basis. The parties may also request a settlement conference before

16

another magistrate judge. See Local Rule 270(b).

17

MISCELLANEOUS PROVISIONS

18

There appear to be no other matters presently pending before the court that will aid the

19

just and expeditious disposition of this matter.

20
21

Pursuant to Fed. R. Civ. P. 16(b), THE COURT SUMMARIZES THE SCHEDULING
ORDER AS FOLLOWS:

22

1. Initial disclosures shall be made no later than 28 days from March 9, 2018.

23

2. Plaintiff shall disclose experts no later than September 14, 2018.

24

3. Defendant shall disclose experts no later September 28, 2018.

25
2

26
27
28

At any time prior to the Final Pretrial Conference, an early settlement conference may be set
before the undersigned, or another magistrate judge who is randomly selected, if all parties agree
to request an early settlement conference. Either party may initiate such a request by calling Pete
Buzo, courtroom deputy to the undersigned, at [phone]. Information will be provided
regarding the procedure to follow.
5

1

4. Rebuttal experts shall be disclosed no later than October 12, 2018.

2

5. Discovery shall be completed by November 9, 2018.

3

6. All pretrial motions, except motions to compel discovery, shall be completed

4
5
6
7

by December 28, 2018.
7. Final pretrial conference is set for March 8, 2019, at 11:00 a.m. in courtroom
no. 6 before the Honorable John A. Mendez.
8. A jury trial is set for April 29, 2019, at 9:00 a.m. in courtroom no. 6 before the

8

Honorable John A. Mendez.

9

Dated: March 9, 2018

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

DLB:6
DB\orders\orders.pro se\horn0814.sched.ord

26
27
28
6