Roll v. Wal-Mart Associates, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 THOMAS ROLL, an individual, No. 2:21-cv-01927 WBS DMC 13 Plaintiff, 14 v. 15 WAL-MART ASSOCIATES, INC., a Delaware Corporation; WALMART 16 INC., a Delaware Corporation; and Does 1-20, inclusive, 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 February 28, 2022, and makes the following findings 24 and orders without needing to consult with the parties any 25 further. 26 I. SERVICE OF PROCESS 27 All defendants have been served, and no further service 28 1 is permitted without leave of court, good cause having been shown 2 under Federal Rule of Civil Procedure 16(b). 3 II. JOINDER OF PARTIES/AMENDMENTS 4 No further joinder of parties or amendments to 5 pleadings will be permitted except with leave of court, good 6 cause having been shown under Federal Rule of Civil Procedure 7 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 8 (9th Cir. 1992). 9 III. JURISDICTION/VENUE 10 Jurisdiction over this disability discrimination and 11 wrongful termination action is predicated upon 28 U.S.C. § 1332, 12 because the parties are of diverse citizenship and the amount in 13 controversy exceeds $75,000. Venue is undisputed and hereby 14 found to be proper. 15 IV. DISCOVERY 16 The parties have agreed to serve the initial 17 disclosures required by Federal Rule of Civil Procedure 26(a)(1) 18 on or before February 21, 2022. 19 The parties shall disclose experts and produce reports 20 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 21 later than December 30, 2022. With regard to expert testimony 22 intended solely for rebuttal, those experts shall be disclosed 23 and reports produced in accordance with Federal Rule of Civil 24 Procedure 26(a)(2) on or before January 31, 2023. 25 All discovery, including depositions for preservation 26 of testimony, is left open, save and except that it shall be so 27 conducted as to be completed by February 28, 2023. The word 28 “completed” means that all discovery shall have been conducted so 1 that all depositions have been taken and any disputes relevant to 2 discovery shall have been resolved by appropriate order if 3 necessary and, where discovery has been ordered, the order has 4 been obeyed. All motions to compel discovery must be noticed on 5 the magistrate judge’s calendar in accordance with the local 6 rules of this court and so that such motions may be heard (and 7 any resulting orders obeyed) not later than February 28, 2023. 8 V. MOTION HEARING SCHEDULE 9 All motions, except motions for continuances, temporary 10 restraining orders, or other emergency applications, shall be 11 filed on or before May 1, 2023. All motions shall be noticed for 12 the next available hearing date. Counsel are cautioned to refer 13 to the local rules regarding the requirements for noticing and 14 opposing such motions on the court’s regularly scheduled law and 15 motion calendar. 16 VI. FINAL PRETRIAL CONFERENCE 17 The Final Pretrial Conference is set for July 17, 2023, 18 at 1:30 p.m. in Courtroom No. 5. The conference shall be 19 attended by at least one of the attorneys who will conduct the 20 trial for each of the parties and by any unrepresented parties. 21 Counsel for all parties are to be fully prepared for 22 trial at the time of the Pretrial Conference, with no matters 23 remaining to be accomplished except production of witnesses for 24 oral testimony. Counsel shall file separate pretrial statements, 25 and are referred to Local Rules 281 and 282 relating to the 26 contents of and time for filing those statements. In addition to 27 those subjects listed in Local Rule 281(b), the parties are to 28 provide the court with: (1) a plain, concise statement which 1 identifies every non-discovery motion which has been made to the 2 court, and its resolution; (2) a list of the remaining claims as 3 against each defendant; and (3) the estimated number of trial 4 days. 5 In providing the plain, concise statements of 6 undisputed facts and disputed factual issues contemplated by 7 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 8 that remain at issue, and any remaining affirmatively pled 9 defenses thereto. If the case is to be tried to a jury, the 10 parties shall also prepare a succinct statement of the case, 11 which is appropriate for the court to read to the jury. 12 VII. TRIAL SETTING 13 The jury trial is set for September 12, 2023 at 9:00 14 a.m. The parties estimate that the trial will last five days. 15 VIII. SETTLEMENT CONFERENCE 16 A Settlement Conference will be set at the time of the 17 Pretrial Conference. All parties should be prepared to advise 18 the court whether they will stipulate to the trial judge acting 19 as settlement judge and waive disqualification by virtue thereof. 20 Counsel are instructed to have a principal with full 21 settlement authority present at the Settlement Conference or to 22 be fully authorized to settle the matter on any terms. At least 23 seven calendar days before the Settlement Conference counsel for 24 each party shall submit a confidential Settlement Conference 25 Statement for review by the settlement judge. If the settlement 26 judge is not the trial judge, the Settlement Conference 27 Statements shall not be filed and will not otherwise be disclosed 28 to the trial judge. nee ene EI ED OE 1 IX. MODIFICATIONS TO SCHEDULING ORDER 2 Any requests to modify the dates or terms of this 3 Scheduling Order, except requests to change the date of the 4 trial, may be heard and decided by the assigned Magistrate Judge. 5 All requests to change the trial date shall be heard and decided 6 only by the undersigned judge. 7 IT IS SO ORDERED. 8 | Dated: February 23, 2022 Atte th 2d. WILLIAM B. SHUBB 2 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28