Fry v. ViaTech Publishing Solutions, Inc. et al

Filing 10

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 2/7/18: Discovery due by 2/5/2018. Dispositive Motions filed by 12/21/2018. Final Pretrial Conference set for 2/25/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 4/16/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 OLIVIA FRY, 12 Plaintiff, 13 14 15 16 v. VIATECH PUBLISHING SOLUTIONS, INC.; ATTORNEY’S CORPORATION SERVICES, INC.; and DIES 1 through 20, inclusive, Defendants. 17 18 STATUS (PRETRIAL SCHEDULING) ORDER 19 20 21 22 23 24 25 26 27 CIV. NO. 2:17-2101 WBS AC After reviewing the parties’ Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for February 12, 2018, and makes the following findings and orders without needing to consult with the parties any further. I. SERVICE OF PROCESS All defendants have been served, and no further service is permitted without leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b). 28 1 1 II. JOINDER OF PARTIES/AMENDMENTS 2 No further joinder of parties or amendments to 3 pleadings will be permitted except with leave of court, good 4 cause having been shown under Federal Rule of Civil Procedure 5 16(b). 6 (9th Cir. 1992). 7 III. JURISDICTION/VENUE 8 9 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 Federal jurisdiction is predicated on diversity of citizenship under 28 U.S.C. § 1332(a) and § 1441 (b). 10 undisputed and hereby found to be proper. 11 IV. Venue is 12 DISCOVERY The parties agree to serve the initial disclosures 13 required by Federal Rule of Civil Procedure 26(a)(1) on or before 14 February 5, 2018. 15 The parties shall disclose experts and produce reports 16 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 17 later than September 28, 2018. 18 intended solely for rebuttal, those experts shall be disclosed 19 and reports produced in accordance with Federal Rule of Civil 20 Procedure 26(a)(2) on or before October 26, 2018. 21 With regard to expert testimony All other discovery, including depositions for 22 preservation of testimony, is left open, save and except that it 23 shall be so conducted as to be completed by November 30, 2018. 24 The word “completed” means that all discovery shall have been 25 conducted so that all depositions have been taken and any 26 disputes relevant to discovery shall have been resolved by 27 appropriate order if necessary and, where discovery has been 28 ordered, the order has been obeyed. 2 All motions to compel 1 discovery must be noticed on the magistrate judge’s calendar in 2 accordance with the local rules of this court and so that such 3 motions may be heard (and any resulting orders obeyed) not later 4 than November 30, 2018. 5 35 special interrogatories and each side may conduct up to 10 6 deposition, not including expert depositions. 7 V. 8 9 The parties have agreed to allow up to MOTION HEARING SCHEDULE All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be 10 filed on or before December 21, 2018. 11 noticed for the next available hearing date. 12 cautioned to refer to the local rules regarding the requirements 13 for noticing and opposing such motions on the court’s regularly 14 scheduled law and motion calendar. 15 VI. 16 All motions shall be Counsel are FINAL PRETRIAL CONFERENCE The Final Pretrial Conference is set for February 25, 17 2019, at 1:30 p.m. in Courtroom No. 5. 18 attended by at least one of the attorneys who will conduct the 19 trial for each of the parties and by any unrepresented parties. 20 The conference shall be Counsel for all parties are to be fully prepared for 21 trial at the time of the Pretrial Conference, with no matters 22 remaining to be accomplished except production of witnesses for 23 oral testimony. 24 and are referred to Local Rules 281 and 282 relating to the 25 contents of and time for filing those statements. 26 those subjects listed in Local Rule 281(b), the parties are to 27 provide the court with: (1) a plain, concise statement which 28 identifies every non-discovery motion which has been made to the Counsel shall file separate pretrial statements, 3 In addition to 1 court, and its resolution; (2) a list of the remaining claims as 2 against each defendant; and (3) the estimated number of trial 3 days. 4 In providing the plain, concise statements of 5 undisputed facts and disputed factual issues contemplated by 6 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 7 that remain at issue, and any remaining affirmatively pled 8 defenses thereto. 9 parties shall also prepare a succinct statement of the case, If the case is to be tried to a jury, the 10 which is appropriate for the court to read to the jury. 11 VII. TRIAL SETTING 12 The jury trial is set for April 16, 2019 at 9:00 a.m. 13 The parties estimate that a jury trial will last eight to ten 14 days. 15 VIII. 16 SETTLEMENT CONFERENCE 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. MODIFICATIONS TO SCHEDULING ORDER 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 8 IT IS SO ORDERED. Dated: February 7, 2018 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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