Newman, Jr. v. AECIQ

Filing 14

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 8/29/24 VACATING the 9/9/24 Status (Pretrial Scheduling) Conference. The parties shall serve the initial disclosures on or before 9/10/24. Designation of Expert Witnes ses due no later than 1/21/25 and Expert rebuttal disclosures due on or before 2/18/25. All discovery shall be completed by 3/18/25. All motions to compel discovery must be noticed on the magistrate judge's calendar and to be heard not lat er than 3/18/25. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 5/16/25. The Final Pretrial Conference is SET for 7/28/25 at 01:30 PM and the Jury Trial is SET for 9/30/25 at 09:00 AM, in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Settlement Conference with a magistrate judge will be set at the time of the Pretrial Conference. (Salmeron, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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EDWARD G. NEWMAN JR.,
individually and on behalf of
all others similarly
situated,
Plaintiff,

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v.

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No. 2:24-cv-01204 WBS AC

AECIQ,
Defendant.

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STATUS (PRETRIAL SCHEDULING) ORDER

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After reviewing the parties’ Joint Status Report, the court

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hereby vacates the Status (Pretrial Scheduling) Conference

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scheduled for September 9, 2024, 1:30 p.m., and makes the

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following findings and orders without needing to consult with the

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parties any further.

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I.

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SERVICE OF PROCESS
All defendants have been served, and no further service
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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 in this putative consumer class action is

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predicated upon 28 U.S.C. § 1331, because plaintiff brings claims

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arising under the Telephone Consumer Protection Act, 47 U.S.C. §

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227.

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IV.

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Venue is undisputed and hereby found to be proper.
DISCOVERY
The parties agree to 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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September 10, 2024.

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The parties shall disclose experts and produce reports

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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

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later than January 21, 2025.

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intended solely for rebuttal, those experts shall be disclosed,

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and reports produced in accordance with Federal Rule of Civil

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Procedure 26(a)(2) on or before February 18, 2025.

With regard to expert testimony

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All discovery, including depositions for preservation

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of testimony, is left open, save and except that it shall be so

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conducted as to be completed by March 18, 2025.

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

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that all depositions have been taken and any disputes relevant to
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The word

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discovery shall have been resolved by appropriate order if

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necessary and, where discovery has been ordered, the order has

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

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rules of this court and so that such motions may be heard (and

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any resulting orders obeyed) not later than March 18, 2025.

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V.

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All motions to compel discovery must be noticed on

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

restraining orders, or other emergency applications, shall be

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filed on or before May 16, 2025.

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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.

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All motions shall be noticed
Counsel are cautioned to

FINAL PRETRIAL CONFERENCE
The Final Pretrial Conference is set for July 28, 2025,

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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

Counsel shall file separate pretrial statements

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In addition to

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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,

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

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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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The jury trial is set for September 30, 2025, at 9:00

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a.m.

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the court certifies plaintiff’s proposed class and 1 day

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otherwise.

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VIII.

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The parties estimate that the trial will last 3-5 days if

SETTLEMENT CONFERENCE
A Settlement Conference with a magistrate judge will be

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set at the time of the Pretrial Conference.

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instructed to have a principal with full settlement authority

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present at the Settlement Conference or to be fully authorized to

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settle the matter on any terms.

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before the Settlement Conference counsel for each party shall

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submit a confidential Settlement Conference Statement for review

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by the settlement judge.

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shall not be filed and will not otherwise be disclosed to the

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trial judge.

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IX.

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Counsel are

At least seven calendar days

The Settlement Conference Statements

MODIFICATIONS TO SCHEDULING ORDER
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:

August 29, 2024

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