Dhuy v. Booz Allen Hamilton, Inc.

Filing 12

STATUS PRETRIAL SCHEDULING ORDER signed by Judge Kimberly J. Mueller on 04/10/2018 ORDERING that all discovery shall be completed by 2/15/2019; Designation of Expert Witnesses due by 3/1/2019 with any supplemental designations due by 3/22/2019; Exper t discovery shall be completed by 4/23/2019; Dispositive Motions shall be heard no later than 6/1/2019; The court will set a Final Pretrial Conference date after the resolution of anydispositive motions, or passage of the dispositive motion cutoff, with a trial date being determined at the pretrial conference. Objections due within 14 calendar days. (Fabillaran, J)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 RAENA DHUY, 11 Plaintiff, 12 13 No. 2:17-cv-2714 KJM KJN v. STATUS (PRETRIAL SCHEDULING) BOOZ ALLEN HAMILTON, INC., 14 ORDER Defendant. 15 16 An initial scheduling conference was held in this case on March 29, 2018. 17 18 Lindsey Wagner appeared for plaintiff; Britney Torres appeared for defendant. Having reviewed the parties’ Joint Status Report filed on March 22, 2018, and 19 20 discussed a schedule for the case with counsel at the hearing, the court makes the following 21 orders: 22 I. SERVICE OF PROCESS All named defendants have been served and no further service is permitted without 23 24 leave of court, good cause having been shown. 25 II. 26 ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS No further joinder of parties or amendments to pleadings is permitted without 27 leave of court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth 28 Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). 1 1 The court and counsel discussed whether plaintiff needs to file an amended 2 complaint to clarify that the claims in the complaint are not asserted on a representative or class 3 basis. The parties agree the claims pursued in this action are on behalf of plaintiff herself only. 4 The court will note this clarification on the court’s docket in the “Docket Text” for ECF No. 1, 5 and will not require an amended complaint. 6 III. 7 JURISDICTION/VENUE Subject matter jurisdiction is predicated upon 28 U.S.C. §§ 1331 and 1343(a)(4) 8 and supplemental jurisdiction over plaintiff’s state law claims under 28 U.S.C. § 1367. 9 Jurisdiction and venue are not disputed. 10 IV. 11 DISCOVERY Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be 12 completed by April 12, 2018. All discovery shall be completed by February 15, 2019. In this 13 context, “completed” means that all discovery shall have been conducted so that all depositions 14 have been taken and any disputes relative to discovery shall have been resolved by appropriate 15 order if necessary and, where discovery has been ordered, the order has been obeyed. All 16 motions to compel discovery must be noticed on the magistrate judge’s calendar in accordance 17 with the local rules of this court. While the assigned magistrate judge reviews proposed 18 discovery phase protective orders, requests to seal or redact are decided by Judge Mueller as 19 discussed in more detail below. In addition, while the assigned magistrate judge handles 20 discovery motions, the magistrate judge cannot change the schedule set in this order, except that 21 the magistrate judge may modify a discovery cutoff to the extent such modification does not have 22 the effect of requiring a change to the balance of the schedule. 23 V. 24 DISCLOSURE OF EXPERT WITNESSES All counsel are to designate in writing and serve upon all other parties the name, 25 address, and area of expertise of each expert that they propose to tender at trial not later than 26 March 1, 2019. The designation shall be accompanied by a written report prepared and signed 27 by the witness. The report shall comply with Fed. R. Civ. P. 26(a)(2)(B). By March 22, 2019, 28 any party who previously disclosed expert witnesses may submit a supplemental list of expert 2 1 witnesses who will express an opinion on a subject covered by an expert designated by an adverse 2 party, if the party supplementing an expert witness designation has not previously retained an 3 expert to testify on that subject. The supplemental designation shall be accompanied by a written 4 report, which shall also comply with the conditions stated above. 5 Failure of a party to comply with the disclosure schedule as set forth above in all 6 likelihood will preclude that party from calling the expert witness at the time of trial. An expert 7 witness not appearing on the designation will not be permitted to testify unless the party offering 8 the witness demonstrates: (a) that the necessity for the witness could not have been reasonably 9 anticipated at the time the list was proffered; (b) that the court and opposing counsel were 10 promptly notified upon discovery of the witness; and (c) that the witness was promptly made 11 available for deposition. 12 For purposes of this scheduling order, an “expert” is any person who may be used 13 at trial to present evidence under Rules 702, 703 and 705 of the Federal Rules of Evidence, which 14 include both “percipient experts” (persons who, because of their expertise, have rendered expert 15 opinions in the normal course of their work duties or observations pertinent to the issues in the 16 case) and “retained experts” (persons specifically designated by a party to be a testifying expert 17 for the purposes of litigation). A party shall identify whether a disclosed expert is percipient, 18 retained, or both. It will be assumed that a party designating a retained expert has acquired the 19 express permission of the witness to be so listed. Parties designating percipient experts must state 20 in the designation who is responsible for arranging the deposition of such persons. 21 All experts designated are to be fully prepared at the time of designation to render 22 an informed opinion, and give the bases for their opinion, so that they will be able to give full and 23 complete testimony at any deposition taken by the opposing party. Experts will not be permitted 24 to testify at trial as to any information gathered or evaluated, or opinion formed, after deposition 25 taken subsequent to designation. All expert discovery shall be completed by April 23, 2019. 26 ///// 27 ///// 28 ///// 3 1 VI. MOTION HEARING SCHEDULE 2 All dispositive motions, except motions for continuances, temporary restraining 3 orders or other emergency applications, shall be heard no later than June 1, 2019.1 The parties 4 may obtain available hearing dates by checking Judge Mueller’s page on the court’s website. 5 6 All purely legal issues are to be resolved by timely pretrial motions. Local Rule 230 governs the calendaring and procedures of civil motions; the following provisions also apply: 7 (a) The opposition and reply must be filed by 4:00 p.m. on the day due; and 8 (b) When the last day for filing an opposition brief falls on a legal holiday, the 9 opposition brief shall be filed on the last court day immediately preceding the legal holiday. 10 Failure to comply with Local Rule 230(c), as modified by this order, may be deemed consent to 11 the motion and the court may dispose of the motion summarily. Brydges v. Lewis, 18 F.3d 651, 12 652-53 (9th Cir. 1994). 13 The court values the importance of training young attorneys. The parties are 14 encouraged to consider assigning oral argument to a young attorney. If a written request for oral 15 argument is filed before a hearing, stating an attorney of four or fewer years out of law school 16 will argue the oral argument, then the court will ordinarily hold the hearing, although the court’s 17 schedule and calendar may require the hearing to be reset. Otherwise, the court may find it 18 appropriate in some actions to submit a motion without oral argument. 19 The court places a page limit of twenty (20) pages on all moving papers, twenty 20 (20) pages on oppositions, and ten (10) pages for replies. All requests for page limit increases 21 must be made in writing at least fourteen (14) days prior to the filing of the motion. 22 Prior to filing a motion in a case in which the parties are represented by counsel, 23 counsel shall engage in a pre-filing meet and confer to discuss thoroughly the substance of the 24 contemplated motion and any potential resolution. Plaintiff’s counsel should carefully evaluate 25 the defendant’s contentions as to deficiencies in the complaint and in many instances the party 26 considering a motion should agree to any amendment that would cure a curable defect. Counsel 27 28 1 Note that this date may not correspond to a law and motion calendar date. 4 1 should discuss the issues sufficiently so that if a motion of any kind is filed, including for 2 summary judgment, the briefing is directed only to those substantive issues requiring resolution 3 by the court. Counsel should resolve minor procedural or other non-substantive matters during 4 the meet and confer. A notice of motion shall contain a certification by counsel filing the 5 motion that meet and confer efforts have been exhausted, with a brief summary of meet and 6 confer efforts. 7 The parties are cautioned that failure to raise a dispositive legal issue that could 8 have been tendered to the court by proper pretrial motion prior to the dispositive motion cut-off 9 date may constitute waiver of such issue. 10 VII. 11 SEALING No document will be sealed, nor shall a redacted document be filed, without the 12 prior approval of the court. If a document for which sealing or redaction is sought relates to the 13 record on a motion to be decided by Judge Mueller, the request to seal or redact should be 14 directed to her and not the assigned Magistrate Judge. All requests to seal or redact shall be 15 governed by Local Rules 141 (sealing) and 140 (redaction); protective orders covering the 16 discovery phase of litigation shall not govern the filing of sealed or redacted documents on the 17 public docket. The court will only consider requests to seal or redact filed by the proponent of 18 sealing or redaction. If a party plans to make a filing that includes material an opposing party has 19 identified as confidential and potentially subject to sealing, the filing party shall provide the 20 opposing party with sufficient notice in advance of filing to allow for the seeking of an order of 21 sealing or redaction from the court. 22 VIII. 23 FURTHER SCHEDULING The court will set a Final Pretrial Conference date after the resolution of any 24 dispositive motions, or passage of the dispositive motion cutoff, with a trial date being 25 determined at the pretrial conference. The parties should be prepared to confirm a trial date 26 within 60 to 120 days from the date of the final pretrial conference, and should be available for 27 trial accordingly. 28 ///// 5 1 IX. 2 SETTLEMENT CONFERENCE The parties are currently engaged in direct negotiations and will consider formal 3 mediation if they are unable to reach a resolution. On or before November 30, 2018, the parties 4 shall notify the court in writing of the status of their negotiations, and if they wish referral to the 5 court’s Voluntary Dispute Resolution Panel (VDRP) or a settlement conference before a 6 randomly drawn judge of the court. 7 X. 8 MODIFICATION OF STATUS (PRETRIAL SCHEDULING) ORDER The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil 9 Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court 10 upon a showing of good cause. Agreement of the parties by stipulation alone does not constitute 11 good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel does 12 not constitute good cause. 13 As noted, the assigned magistrate judge is authorized to modify only the discovery 14 dates shown above to the extent any such modification does not impact the balance of the 15 schedule of the case. 16 XI. 17 18 19 20 OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER This Status Order will become final without further order of the court unless objections are filed within fourteen (14) calendar days of service of this Order. IT IS SO ORDERED. DATED: April 10, 2018. 21 22 UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 6

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