Ford Motor Company v. Navex Trading Company, Inc. d/b/a New Autos Inc.

Filing 15

STATUS PRETRIAL SCHEDULING ORDER signed by Senior Judge William B. Shubb on 3/21/2018 ORDERING the court hereby VACATES the Status (Pretrial Scheduling) Conference scheduled for 3/26/2018; Initial Disclosures required by FRCP 26(a)(1) by 3/28/2018; Expert testimony intended solely for rebuttal, those experts shall be disclosed and reports by 11/23/2018; Discovery due by 12/15/2018; Dispositive Motions filed by 1/30/2019; Final Pretrial Conference set for 4/15/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and Jury Trial set for 6/18/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; this case is not related to any other cases in this district; However, a case is currently pending in the USDC Eastern District of Michigan which was filed by Ford against the original purchaser of the subject vehicle, John Cena; that action is pending as Ford v. Cena, USDC E.D. Mich., 2:17-CV-13876 AJT DRG. (Reader, L) Modified on 3/22/2018 (Reader, L).

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FORD MOTOR COMPANY,
Plaintiff,

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v.

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----oo0oo---CIV NO. 2:17-2481 WBS CMK

NAVEX TRADING COMPANY, INC.
d/b/a NEW AUTOS INC.,

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Defendant.

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----oo0oo----

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STATUS (PRETRIAL SCHEDULING) ORDER

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After reviewing the parties’ Joint Status Report, the

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court hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for March 26, 2018, and makes the following findings

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and orders without needing to consult with the parties any

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further.

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I.

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SERVICE OF PROCESS
The named defendant has been served.

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No further

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service will be permitted without leave of court, good cause

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

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II.

JOINDER OF PARTIES/AMENDMENTS

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Both parties submit that, following initial discovery,

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it may be necessary to add additional parties, including any

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potential purchasers or others involved in the sale of the car at

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issue.

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to pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

After that, no further joinder of parties or amendments

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16(b).

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(9th Cir. 1992).

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

Plaintiff agrees to strike its claim for injunctive

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relief if defendant is able to prove that it is no longer

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necessary.

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon diversity jurisdiction,

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28 U.S.C. § 1332(a), because the amount in controversy exceeds

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$75,000 and plaintiff and defendant are citizens of different

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states.

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IV.

Venue is undisputed and hereby found to be proper.

DISCOVERY

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The parties agree to serve the initial disclosures

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required by Federal Rule of Civil Procedure 26(a)(1) by March 28,

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2018.

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To the extent parties intend to use experts, the

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parties shall disclose experts and produce reports in accordance

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with Federal Rule of Civil Procedure 26(a)(2) by no later than

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October 26, 2018.

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solely for rebuttal, those experts shall be disclosed and reports

With regard to expert testimony intended

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produced in accordance with Federal Rule of Civil Procedure

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26(a)(2) on or before November 23, 2018.

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All other discovery, including depositions for

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preservation of testimony, is left open, save and except that it

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shall be so conducted as to be completed by December 15, 2018.

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

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conducted so that all depositions have been taken and any

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disputes relevant to discovery shall have been resolved by

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appropriate order if necessary and, where discovery has been

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ordered, the order has been obeyed.

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discovery must be noticed on the magistrate judge’s calendar in

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accordance with the local rules of this court and so that such

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motions may be heard (and any resulting orders obeyed) not later

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than December 15, 2018.

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All motions to compel

The parties expect to submit for the court’s approval a

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stipulated protective order regarding the confidentiality and

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other treatment of materials produced in discovery.

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V.

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MOTION HEARING SCHEDULE
All motions, except motions for continuances, temporary

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restraining orders, or other emergency applications, shall be

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filed on or before January 30, 2019.

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noticed for the next available hearing date.

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cautioned to refer to the local rules regarding the requirements

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

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scheduled law and motion calendar.

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VI.

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All motions shall be
Counsel are

FINAL PRETRIAL CONFERENCE
The Final Pretrial Conference is set for April 15,

2019, at 1:30 p.m. in Courtroom No. 5.
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The conference shall be

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

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

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Counsel for all parties are to be fully prepared for

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

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remaining to be accomplished except production of witnesses for

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oral testimony.

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

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contents of and time for filing those statements.

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

Counsel shall file separate pretrial statements,

In addition to

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

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

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

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

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days.

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In providing the plain, concise statements of

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undisputed facts and disputed factual issues contemplated by

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

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that remain at issue, and any remaining affirmatively pled

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defenses thereto.

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parties shall also prepare a succinct statement of the case,

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

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VII. TRIAL SETTING

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

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The jury trial is set for June 18, 2019 at 9:00 a.m.

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The parties estimate that a jury trial will last three to five

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days.

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VIII.

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SETTLEMENT CONFERENCE
A Settlement Conference will be set at the time of the

Pretrial Conference.

All parties should be prepared to advise
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the court whether they will stipulate to the trial judge acting

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as settlement judge and waive disqualification by virtue thereof.

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Counsel are instructed to have a principal with full

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settlement authority present at the Settlement Conference or to

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be fully authorized to settle the matter on any terms.

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seven calendar days before the Settlement Conference counsel for

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each party shall submit a confidential Settlement Conference

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Statement for review by the settlement judge.

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judge is not the trial judge, the Settlement Conference

At least

If the settlement

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Statements shall not be filed and will not otherwise be disclosed

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to the trial judge.

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IX.

MODIFICATIONS TO SCHEDULING ORDER

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Any requests to modify the dates or terms of this

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Scheduling Order, except requests to change the date of the

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

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

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only by the undersigned judge.

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X.

RELATED CASES

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This case is not related to any other cases in this

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district.

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States District Court Eastern District of Michigan which was

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filed by Ford against the original purchaser of the subject

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vehicle, John Cena.

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E.D. Mich., 2:17-cv-13876 AJT DRG.

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However, a case is currently pending in the United

That action is pending as Ford v. Cena, USDC

IT IS SO ORDERED.
Dated:

March 21, 2018

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