Zoom Imaging Solutions, Inc. v. Roe ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 ZOOM IMAGING SOLUTIONS, INC., No. 2:19-cv-01544 WBS KJN 13 Plaintiff, 14 v. ORDER RE: PLAINTIFF’S MOTION TO AMEND THE SCHEDULING ORDER 15 EDWARD ROE; MAXWELL RAMSAY; JON CROSSEN; CORINNE FUERST; ANDREW 16 ALSWEET; KEVIN TOON; JASON PEEBLER; ABIGAIL NEAL; POWER 17 BUSINESS TECHNOLOGY LLC; BRYAN DAVIS; MAURA LOPEZ; JEFFREY 18 ORLANDO; JESSICA HINTZ; and DOES 1 through 100, inclusive, 19 Defendants. 20 21 ----oo0oo---- 22 On August 9, 2021, the court held a hearing on 23 plaintiff’s motion to amend the scheduling order to permit 24 plaintiff additional time to complete discovery in this case. 25 David Garcia appeared on behalf of the plaintiff. (See Docket 26 No. 164.) Nicholas Karkazis appeared on behalf of defendants Roe 27 and Power Business Technology, Inc. Joceline Herman appeared on 28 1 behalf of the remaining named defendants. (Id.) 2 At oral argument, the parties jointly requested that 3 the court schedule a Settlement Conference in this matter before 4 Magistrate Judge Newman in early October 2021. Based on the 5 representation of plaintiff’s counsel that settlement discussions 6 would only be productive if plaintiff were able to take the 7 deposition of certain additional defendants prior to the 8 Settlement Conference, as well as plaintiff’s demonstrated 9 diligence in pursuing discovery in this matter (see Docket Nos. 10 145, 161), the court finds that a continuance of the discovery 11 cutoff from September 9, 2021, to September 30, 2021, for the 12 limited purpose of conducting the following depositions is 13 warranted: 14 1. Edward Roe; 15 2. Defendant Power Business Technology, Inc.’s 16 designated witness(es) under Federal Rule of Civil 17 Procedure 30(b)(6), to the extent that Edward Roe is 18 not Power’s designated witness as to any matter 19 identified by plaintiff; 20 3. Corinne Fuerst; 21 4. Jon Crossen; 22 5. Maura Lopez. 23 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607–08 24 (9th Cir. 1992) (noting that the district court may modify the 25 scheduling order “if it cannot reasonably be met despite the 26 diligence of the party seeking the extension”). 27 IT IS THEREFORE ORDERED that plaintiff’s motion to 28 amend the scheduling order be, and the same hereby is, GRANTED to 1 the limited extent that the deadline for plaintiff to complete 2 the above-listed depositions is extended to September 30, 2021. 3 This matter is further hereby set for Settlement 4 Conference on October 6, 2021 at 9:00 a.m., before Magistrate 5 Judge Kendall J. Newman via Zoom Video Conference. The parties 6 are instructed to have a principal with full settlement authority 7 virtually present for the settlement conference or to be fully 8 authorized to settle the matter on any terms. The individual 9 with full settlement authority to settle must also have 10 unfettered discretion and authority to change the settlement 11 position of the party, if appropriate. The purpose behind 12 requiring attendance of a person with full settlement authority 13 is that the parties view of the case may be altered during the 14 face to face conference. An authorization to settle for a limited 15 dollar amount or sum certain can be found not to comply with the 16 requirement of full authority to settle. The parties are 17 directed to exchange non-confidential settlement conference 18 statements seven days prior to the settlement conference. These 19 statements shall be simultaneously delivered to the court using 20 the following email address: kjnorders@caed.uscourts.gov. These 21 statements should not be filed on the case docket. If a party 22 desires to share additional confidential information with the 23 Court, they may do so pursuant to the provisions of Local Rule 24 270(d) and (e). Parties shall file their waivers of 25 disqualification no later than seven days prior to the date of 26 the settlement conference. 27 The filing of any additional motions between now and 28 October 6, 2021 is hereby STAYED in order to facilitate ——— REI OI EIR ERI IE OI RENE IESE OI ESO 1 settlement negotiations.! If this case is not resolved at the 2 October 6, 2021 Settlement Conference, plaintiff may again move 3 this court to amend the scheduling order to permit it to complete 4 any additional necessary discovery. 5 IT IS SO ORDERED. 6 | Dated: August 11, 2021 ition th A. be—~ 7 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 Unless the parties stipulate otherwise, the court will 27 still hear and resolve all pending motions set for hearing between the date of this order and October 6, 2021. (See, e.g., 28 Docket Nos. 132-134, 146, 155.)