Wilkerson v. Fujinaka Properties, LP ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 MICHAEL WILKERSON, NO. 2:19-cv-02381 WBS CKD 13 Plaintiff, 14 v. 15 FUJINAKA PROPERTIES, LP; FUJINAKA CASTLE, LP; and 16 MONOLOTH PROPERTIES, INC., 17 Defendants. 18 19 ----oo0oo---- 20 STATUS (PRETRIAL SCHEDULING) ORDER 21 After reviewing the parties’ Joint Status Report, the 22 court hereby vacates the Status (Pretrial Scheduling) Conference 23 scheduled for May 11, 2020, and makes the following findings and 24 orders without needing to consult with the parties any 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 under Federal Rule of Civil Procedure 16(b). 1 II. JOINDER OF PARTIES/AMENDMENTS 2 No further joinder of parties or amendments to 3 pleadings will be permitted except with leave of court, good 4 cause having been shown under Federal Rule of Civil Procedure 5 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 6 (9th Cir. 1992). 7 III. JURISDICTION/VENUE 8 Jurisdiction is predicated upon federal question 9 jurisdiction, 28 U.S.C. § 1331, because the claims arise under 10 the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. 11 and the Fair Housing Act, 42 U.S.C. § 3601 et seq. Venue is 12 undisputed and hereby found to be proper. 13 IV. DISCOVERY 14 The parties agree to serve the initial disclosures 15 required by Federal Rule of Civil Procedure 26(a)(1) on or before 16 May 15, 2020. 17 The parties shall disclose experts and produce reports 18 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 19 later than January 29, 2021. With regard to expert testimony 20 intended solely for rebuttal, those experts shall be disclosed 21 and reports produced in accordance with Federal Rule of Civil 22 Procedure 26(a)(2) on or before February 16, 2021. 23 All discovery, including depositions for preservation 24 of testimony, is left open, save and except that it shall be so 25 conducted as to be completed by March 12, 2021. The word 26 “completed” means that all discovery shall have been conducted so 27 that all depositions have been taken and any disputes relevant to 28 discovery shall have been resolved by appropriate order if 1 necessary and, where discovery has been ordered, the order has 2 been obeyed. All motions to compel discovery must be noticed on 3 the magistrate judge’s calendar in accordance with the local 4 rules of this court and so that such motions may be heard (and 5 any resulting orders obeyed) not later than March 12, 2021. 6 V. MOTION HEARING SCHEDULE 7 All motions, except motions for continuances, temporary 8 restraining orders, or other emergency applications, shall be 9 filed on or before May 7, 2021. All motions shall be noticed for 10 the next available hearing date. Counsel are cautioned to refer 11 to the local rules regarding the requirements for noticing and 12 opposing such motions on the court’s regularly scheduled law and 13 motion calendar. 14 VI. FINAL PRETRIAL CONFERENCE 15 The Final Pretrial Conference is set for June 21, 2021, 16 at 1:30 p.m. in Courtroom No. 5. The conference shall be 17 attended by at least one of the attorneys who will conduct the 18 trial for each of the parties and by any unrepresented parties. 19 Counsel for all parties are to be fully prepared for 20 trial at the time of the Pretrial Conference, with no matters 21 remaining to be accomplished except production of witnesses for 22 oral testimony. Counsel shall file separate pretrial statements, 23 and are referred to Local Rules 281 and 282 relating to the 24 contents of and time for filing those statements. In addition to 25 those subjects listed in Local Rule 281(b), the parties are to 26 provide the court with: (1) a plain, concise statement which 27 identifies every non-discovery motion which has been made to the 28 court, and its resolution; (2) a list of the remaining claims as 1 against each defendant; and (3) the estimated number of trial 2 days. 3 In providing the plain, concise statements of 4 undisputed facts and disputed factual issues contemplated by 5 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 6 that remain at issue, and any remaining affirmatively pled 7 defenses thereto. If the case is to be tried to a jury, the 8 parties shall also prepare a succinct statement of the case, 9 which is appropriate for the court to read to the jury. 10 VII. TRIAL SETTING 11 The jury trial is set for August 24, 2021 at 9:00 a.m. 12 The parties estimate that the trial will last three to five days. 13 VIII. SETTLEMENT CONFERENCE 14 A Settlement Conference will be set at the time of the 15 Pretrial Conference. All parties should be prepared to advise 16 the court whether they will stipulate to the trial judge acting 17 as settlement judge and waive disqualification by virtue thereof. 18 Counsel are instructed to have a principal with full 19 settlement authority present at the Settlement Conference or to 20 be fully authorized to settle the matter on any terms. At least 21 seven calendar days before the Settlement Conference counsel for 22 each party shall submit a confidential Settlement Conference 23 Statement for review by the settlement judge. If the settlement 24 judge is not the trial judge, the Settlement Conference 25 Statements shall not be filed and will not otherwise be disclosed 26 to the trial judge. 27 IX. MODIFICATIONS TO SCHEDULING ORDER 28 Any requests to modify the dates or terms of this WAS CAD VEVOL VY ROUEN MVUUPTTICTIL EY POU VI ier TAY VY VI 1 Scheduling Order, except requests to change the date of the 2 trial, may be heard and decided by the assigned Magistrate Judge. 3 All requests to change the trial date shall be heard and decided 4 only by the undersigned judge. 5 IT IS SO ORDERED. 6 | Dated: May 6, 2020 Lg . ak. a / 7 WILLIAM B. SHUBB 9 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28