Tsunami Sales & Marketing, Inc. v. Johnson Outdoors, Inc.

Filing 17

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 6/25/18: Discovery due by 12/28/2018. Dispositive Motions filed by 3/1/2019. Final Pretrial Conference set for 5/13/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 7/16/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo---TSUNAMI SALES & MARKETING,
2:18-cv-520 WBS CKD
INC., a California
Corporation,
Plaintiff,

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v.

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JOHNSON OUTDOORS, INC., a
Wisconsin Corporation,

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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
court hereby vacates the Status (Pretrial Scheduling) Conference
scheduled for July 2, 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

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under Federal Rule of Civil Procedure 16(b).

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II.

JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendments to

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pleadings will be permitted except with leave of court, good

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cause having been shown under Federal Rule of Civil Procedure

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16(b).

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(9th Cir. 1992).

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III. JURISDICTION/VENUE

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

Jurisdiction is predicated upon diversity jurisdiction,

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28 U.S.C. § 1332, because the parties are of diverse citizenship

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and the amount in controversy exceeds $75,000.00.

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undisputed and hereby found to be proper.

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IV.

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Venue is

DISCOVERY
The parties shall serve the initial disclosures

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required by Federal Rule of Civil Procedure 26(a)(1) on or before

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July 13, 2018.

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All discovery, including depositions for preservation

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of testimony, shall be so conducted as to be completed by

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December 28, 2018.

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shall have been conducted so that all depositions have been taken

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and any disputes relevant to discovery shall have been resolved

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by 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 28, 2018.

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The word “completed” means that all discovery

All motions to compel

The parties agree to limit interrogatories and document
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requests to 25 for each party and depositions to 5 for each

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party, to be exceeded only upon agreement of the parties or

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approval of the court.

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V.

MOTION HEARING SCHEDULE

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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 March 1, 2019.

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for the next available hearing date.

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refer to the local rules regarding the requirements for noticing

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and opposing such motions on the court’s regularly scheduled law

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and motion calendar.

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VI.

All motions shall be noticed
Counsel are cautioned to

FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for May 13, 2019,

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at 1:30 p.m. in Courtroom No. 5.

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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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The conference shall be

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

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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.

Counsel shall file separate pretrial statements,

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In addition to

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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

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

The jury trial is set for July 16, 2019 at 9:00 a.m.

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Parties estimate that a jury trial will last approximately 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

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Pretrial Conference.

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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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All parties should be prepared to advise

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

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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.

At least

If the settlement

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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IT IS SO ORDERED.
Dated:

June 25, 2018

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