King v. Experian Information Solutions, Inc. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 KATHERINE KING, NO. 2:19-cv-01983 WBS AC 13 Plaintiff, 14 v. 15 EXPERIAN INFORMATION SOLUTIONS, INC., et al., 16 Defendants. 17 18 ----oo0oo---- 19 STATUS (PRETRIAL SCHEDULING) ORDER 20 After reviewing the parties’ Joint Status Report, the 21 court hereby vacates the Status (Pretrial Scheduling) Conference 22 scheduled for February 3, 2020, and makes the following findings 23 and orders without needing to consult with the parties any 24 further. 25 I. SERVICE OF PROCESS 26 All defendants have been served, and no further service 27 is permitted without leave of court, good cause having been shown 28 1 under Federal Rule of Civil Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 7 (9th Cir. 1992). 8 III. JURISDICTION/VENUE 9 Jurisdiction is predicated upon federal question, 28 10 U.S.C. § 1331, because plaintiff’s claims arise under the Fair 11 Credit Reporting Act, 15 U.S.C. § 1681, et seq. The court has 12 supplemental jurisdiction over plaintiff’s state law claims under 13 28 U.S.C. § 1367. Venue is undisputed and hereby found to be 14 proper. 15 IV. DISCOVERY 16 The parties agree to serve the initial disclosures 17 required by Federal Rule of Civil Procedure 26(a)(1) on or before 18 January 31, 2020. 19 All discovery, including depositions for preservation 20 of testimony, is left open, save and except that it shall be so 21 conducted as to be completed by September 25, 2020. The word 22 “completed” means that all discovery shall have been conducted so 23 that all depositions have been taken and any disputes relevant to 24 discovery shall have been resolved by appropriate order if 25 necessary and, where discovery has been ordered, the order has 26 been obeyed. All motions to compel discovery must be noticed on 27 the magistrate judge’s calendar in accordance with the local 28 rules of this court and so that such motions may be heard (and 1 any resulting orders obeyed) not later than September 25, 2020. 2 V. MOTION HEARING SCHEDULE 3 All motions, except motions for continuances, temporary 4 restraining orders, or other emergency applications, shall be 5 filed on or before October 30, 2020. All motions shall be 6 noticed for the next available hearing date. Counsel are 7 cautioned to refer to the local rules regarding the requirements 8 for noticing and opposing such motions on the court’s regularly 9 scheduled law and motion calendar. 10 VI. FINAL PRETRIAL CONFERENCE 11 The Final Pretrial Conference is set for January 4, 12 2021, at 1:30 p.m. in Courtroom No. 5. The conference shall be 13 attended by at least one of the attorneys who will conduct the 14 trial for each of the parties and by any unrepresented parties. 15 Counsel for all parties are to be fully prepared for 16 trial at the time of the Pretrial Conference, with no matters 17 remaining to be accomplished except production of witnesses for 18 oral testimony. Counsel shall file separate pretrial statements, 19 and are referred to Local Rules 281 and 282 relating to the 20 contents of and time for filing those statements. In addition to 21 those subjects listed in Local Rule 281(b), the parties are to 22 provide the court with: (1) a plain, concise statement which 23 identifies every non-discovery motion which has been made to the 24 court, and its resolution; (2) a list of the remaining claims as 25 against each defendant; and (3) the estimated number of trial 26 days. 27 In providing the plain, concise statements of 28 undisputed facts and disputed factual issues contemplated by 1 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 2 that remain at issue, and any remaining affirmatively pled 3 defenses thereto. If the case is to be tried to a jury, the 4 parties shall also prepare a succinct statement of the case, 5 which is appropriate for the court to read to the jury. 6 VII. TRIAL SETTING 7 The jury trial is set for March 9, 2021 at 9:00 a.m. 8 The parties estimate that the trial will last two days. 9 VIII. SETTLEMENT CONFERENCE 10 A Settlement Conference will be set at the time of the 11 Pretrial Conference. All parties should be prepared to advise 12 the court whether they will stipulate to the trial judge acting 13 as settlement judge and waive disqualification by virtue thereof. 14 Counsel are instructed to have a principal with full 15 settlement authority present at the Settlement Conference or to 16 be fully authorized to settle the matter on any terms. At least 17 seven calendar days before the Settlement Conference counsel for 18 each party shall submit a confidential Settlement Conference 19 Statement for review by the settlement judge. If the settlement 20 judge is not the trial judge, the Settlement Conference 21 Statements shall not be filed and will not otherwise be disclosed 22 to the trial judge. 23 IX. MODIFICATIONS TO SCHEDULING ORDER 24 Any requests to modify the dates or terms of this 25 Scheduling Order, except requests to change the date of the 26 trial, may be heard and decided by the assigned Magistrate Judge. 27 All requests to change the trial date shall be heard and decided 28 only by the undersigned judge. 1 IT IS SO ORDERED. 2 | Dated: January 30, 2020 oh 3 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 4 5 6 , 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28