Baron v. Galactic Co., LLC ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ADAM BARON, et al., Case No. 1:22-cv-00957-CDB 12 Plaintiffs, Member Cases. 1:23-cv-00217-CDB; 1:23-cv- 00301-CDB 13 v. SCHEDULING ORDER (Fed. R. Civ. P. 16) 14 GALACTIC CO., LLC, et al., Discovery Deadlines: 15 Defendants. -Amend Pleadings: February 12, 2024 -Rule 26 Disclosures: January 11, 2024 16 -Expert Disclosures: October 15, 2024 -Rebuttal Expert Disclosures: November 21, 2024 17 -Fact Discovery: September 12, 2024 -Expert Discovery: January 28, 2025 18 -Mid-Discovery Status Conference: July 8, 2024, at 10:00 a.m., in Bakersfield Federal 19 Courthouse 510 19th Street, Bakersfield, CA 93301 20 Non-Dispositive Motion Deadlines: -Filing: February 4, 2025 21 -Hearing: On or before March 18, 2025, at 10:30 a.m., in Bakersfield Federal Courthouse 22 Dispositive Motion Deadlines: 23 -Filing: April 8, 2025 -Hearing: On or before May 19, 2025, at 24 1:30 p.m., in Bakersfield Federal Courthouse 25 Pre-Trial Conference: July 1, 2025, at 10:30 a.m., in Bakersfield Federal Courthouse 26 Trial: August 25, 2025, at 8:30 a.m., in Bakersfield 27 Federal Courthouse 28 1 This action was commenced on July 29, 2022. Plaintiffs raise claims under Title VII of the 2 Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.), the California Fair Employment and Housing Act 3 (“FEHA”) (Cal. Govt. Code § 12900 et seq.) and for wrongful termination. Plaintiff Adam Baron 4 claims that he was denied religious accommodation and ultimately terminated on the basis of his 5 sincerely held religious objections to the COVID-19 vaccine mandate of Defendants Galactic Co., 6 LLC and Virgin Galactic, LLC.. On December 1, 2023, this Court consolidated the case with member 7 cases Mondoux v. Galactic Enterprises, LLC, Case No. 1:23-cv-00217-CDB and Upton Knittle v. 8 Galactic Enterprises, LLC, Case No. 1:23-cv-.00301-CDB, naming as an additional Defendant 9 Galactic Enterprises, LLC. 10 The Court convened with the parties via Zoom videoconference for a scheduling conference on 11 December 12, 2023. Michael Peffer appeared on behalf of Plaintiffs; Jon Yonemitsu appeared on 12 behalf of Defendants. 13 I. Fictitiously-Named Defendants 14 All claims as to “Doe” Defendants, including any counterclaims and cross-claims, are hereby 15 Dismissed. 16 II. Pleading Amendment 17 Any motions to amend the pleadings must be filed by February 12, 2024. The parties should 18 not construe a timely filing of a motion or stipulation requesting leave to amend the pleadings to 19 necessarily constitute good cause to modify the existing schedule, if necessary. All proposed 20 amendments must (A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if the amendment 21 requires any modification to the existing schedule, see Johnson v. Mammoth Recreations, Inc., 975 22 F.2d 604, 609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P. 15(a), that such an amendment 23 is not (1) prejudicial to the opposing party, (2) the product of undue delay, (3) proposed in bad faith, or 24 (4) futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). 25 III. Discovery Plan and Cut-Off Date 26 The parties are ordered to exchange their initial disclosures required by Fed. R. Civ. P. 26(a)(1) 27 by January 11, 2024. 28 1 The parties are ordered to complete all discovery pertaining to non-experts on or before 2 September 12, 2024, and all discovery pertaining to experts on or before January 28, 2025. 3 The parties are directed to disclose all expert witnesses, in writing, on or before October 15, 4 2024, and to disclose all rebuttal experts on or before November 21, 2024. The written designation of 5 retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), 6 and (C) and shall include all information required thereunder. Failure to designate experts in 7 compliance with this order may result in the Court excluding the testimony or other evidence offered 8 through such experts that are not disclosed pursuant to this order. 9 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to 10 experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 11 included in the designation. Failure to comply may result in the imposition of sanctions, which may 12 include striking the expert designation and preclusion of expert testimony. 13 The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement 14 disclosures and responses to discovery requests will be strictly enforced. 15 A mid-discovery status conference is scheduled for July 8, 2024, at 10:00 a.m. before 16 Magistrate Judge Christopher D. Baker. Counsel SHALL file a joint mid-discovery status conference 17 report no later than one week before the conference. Counsel also SHALL lodge the status report via 18 e-mail to CDBorders@caed.uscourts.gov. The joint status report SHALL outline the discovery 19 counsel have completed and that which needs to be completed as well as any impediments to 20 completing the discovery within the deadlines set forth in this order. Counsel SHALL discuss 21 settlement and certify in the joint status report (1) that they have met/conferred regarding settlement, 22 and (2) proposed dates for convening a settlement conference with an unassigned magistrate judge. 23 IV. Pre-Trial Motion Schedule / Informal Discovery Dispute Conferences 24 All non-dispositive pre-trial motions, including any discovery motions, shall be filed by 25 February 4, 20251 and heard on or before March 18, 2025. For these hearings and at the direction of 26 27 1 Non-dispositive motions related to non-expert discovery SHALL be filed within a reasonable 28 time of discovery of the dispute, but in no event later than 30 days after the expiration of the non-expert discovery deadline. 1 the Courtroom Deputy Clerk, the Court may direct counsel to appear remotely (via Zoom). For 2 hearings noticed to occur in-person, the Court may permit counsel to appear remotely (via Zoom) 3 provided the Courtroom Deputy Clerk receives a written notice of the request to appear remotely no 4 later than five court days before the noticed hearing date. 5 No motion to amend or stipulation to amend the case schedule will be entertained unless it is 6 filed at least three days before the first deadline the parties wish to extend. 7 No written discovery motions shall be filed without the prior approval of Judge Baker. A party 8 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 9 agreement the issues in dispute. If that good faith effort is unsuccessful, the requesting party promptly 10 shall seek a conference with all involved parties and Judge Baker. To schedule this conference, the 11 parties should contact the Courtroom Deputy Clerk, Susan Hall, at (661) 326-6620 or via email at 12 SHall@caed.uscourts.gov. At least two days before the conference, counsel SHALL file a joint, 13 informal letter brief detailing each party’s position. Each party’s narrative shall not exceed three 14 pages, excluding exhibits. At the commencement of the conference, if the parties jointly agree to 15 Judge Baker’s consideration and resolution of the discovery disputes outside the formal Local Rule 16 251 procedures, the Court will entertain arguments by the parties and issue a ruling. If the parties do 17 not jointly agree to the informal discovery dispute resolution procedures set forth herein, the 18 requesting party may then seek relief through motion to compel. Counsel must comply with Local 19 Rule 251 with respect to discovery disputes or the motion will be denied without prejudice and 20 dropped from the Court’s calendar. 21 All dispositive pre-trial motions shall be filed no later than April 8, 2025, and heard on or 22 before May 19, 2025. Motions are heard before Judge Baker at 10:30 a.m., at the United States 23 District Courthouse, 510 19th Street, Bakersfield, CA. 24 V. Motions for Summary Judgment or Summary Adjudication 25 At least 21 days before filing a motion for summary judgment or motion for summary 26 adjudication, the parties SHALL meet, in person or by telephone, to confer about the issues to be 27 raised in the motion. 28 1 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 2 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 3 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 4 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 5 expense of briefing a motion; and 6) to develop a joint statement of undisputed facts. 6 The moving party SHALL initiate the meeting and SHALL provide a complete, proposed 7 statement of undisputed facts at least five days before the conference. The finalized joint statement 8 of undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 9 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 10 statement of undisputed facts. 11 In the notice of motion, the moving party SHALL certify that the parties have met and 12 conferred as ordered above, or set forth a statement of good cause for the failure to meet and confer. 13 Failure to comply may result in the motion being stricken. 14 VI. Pre-Trial Conference 15 July 1, 2025, at 10:30 a.m., located at the United States District Courthouse, 510 19th Street, 16 Bakersfield, CA, before Judge Baker. 17 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). The 18 parties are further directed to submit a digital copy of their pretrial statement in Word format, directly 19 to Judge Baker’s chambers, by email at CDBorders@caed.uscourts.gov. 20 Counsels’ attention is directed to Rules 281 and 282 of the Local Rules for the Eastern District 21 of California, as to the obligations of counsel in preparing for the pre-trial conference. The Court will 22 insist upon strict compliance with those rules. In addition to the matters set forth in the Local Rules, 23 the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the Court to 24 explain the nature of the case to the jury during voir dire. 25 VII. Trial Date 26 August 25, 2025, at 8:30 a.m., located at the United States District Courthouse, 510 19th 27 Street, Bakersfield, CA, before Judge Baker. 28 A. This is a jury trial. 1 B. Counsels’ Estimate of Trial Time: 6-7 days. 2 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 3 California, Rule 285. 4 VIII. Settlement Conference 5 The parties SHALL meet and confer and notify the Court prior to the Pre-Trial Conference 6 whether they wish to convene a Settlement Conference. In the event the parties request a Settlement 7 Conference, unless otherwise permitted in advance by the Court, the attorneys who will try the case 8 shall appear at the settlement conference with the parties and the person or persons having full 9 authority to negotiate and settle the case on any terms2 at the conference. Consideration of settlement 10 is a serious matter that requires preparation prior to the settlement conference. Set forth below are the 11 procedures the Court will employ, absent good cause, in conducting the conference. 12 At least twenty-one days before the settlement conference, Plaintiff SHALL submit to 13 Defendant via fax or e-mail, a written itemization of damages and a meaningful3 settlement demand 14 which includes a brief explanation of why such a settlement is appropriate. Thereafter, no later than 15 fourteen days before the settlement conference, Defendant SHALL respond, via fax or e-mail, with an 16 acceptance of the offer or with a meaningful counteroffer which includes a brief explanation of why 17 such a settlement is appropriate. 18 If settlement is not achieved, each party SHALL attach copies of their settlement offers to their 19 Confidential Settlement Conference Statement, as described below. Copies of these documents shall 20 not be filed on the court docket. 21 CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 22 23 2 Insurance carriers, business organizations, and governmental bodies or agencies whose settlement 24 agreements are subject to approval by legislative bodies, executive committees, boards of directors or the like shall be represented by a person or persons who occupy high executive positions in the party organization and 25 who will be directly involved in the process of approval of any settlement offers or agreements. To the extent possible, the representative shall have authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent demand. 26 3 “Meaningful” means the offer is reasonably calculated to settle the case on terms acceptable to the 27 offering party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party. If, however, the offering party is only willing to offer a settlement which it knows the other party 28 will not accept, this should trigger a recognition the case is not in a settlement posture and the parties should confer about continuing or vacating the settlement conference via stipulation. 1 At least five court days prior to the settlement conference, the parties shall submit a 2 Confidential Settlement Conference Statement via email directly to the chambers of the unassigned 3 magistrate judge referred to the settlement conference. The statement should not be filed with the 4 Clerk of the Court nor served on any other party, although the parties may file a Notice of Lodging of 5 Settlement Conference Statement. Each statement shall be clearly marked "confidential" with the date 6 and time of the settlement conference indicated prominently thereon. 7 The Confidential Settlement Conference Statement shall include the following: 8 A. A brief statement of the facts of the case. 9 B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 10 which the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the 11 claims and defenses; and a description of the major issues in dispute. 12 C. A summary of the proceedings to date. 13 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 14 E. The relief sought. 15 F. The party’s position on settlement, including present demands and offers and a history 16 of past settlement discussions, offers and demands. 17 IX. Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten 18 Trial 19 None. 20 X. Related Matters Pending 21 There are no pending related matters. 22 XI. Compliance with Federal Procedure 23 All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 24 and the Local Rules of the Eastern District of California, and to keep abreast of any amendments 25 thereto. The Court requires compliance with these Rules to efficiently handle its increasing case load. 26 XII. Effect of this Order 27 The foregoing order represents the best estimate of the court and counsel as to the agenda most 28 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 1 || parties determine at any time that the schedule outlined in this order cannot be met, counsel are 2 || ordered to notify the court immediately of that fact so that adjustments may be made, either by 3 || stipulation or by subsequent status conference. 4 The dates set in this Order are considered to be firm and will not be modified absent a 5 || showing of good cause even if the request to modify is made by stipulation. Stipulations 6 || extending the deadlines contained herein will not be considered unless they are accompanied by 7 || affidavits or declarations, and where appropriate attached exhibits, which establish good cause 8 || for granting the relief requested. 9 Failure to comply with this order may result in the imposition of sanctions. 10 IT IS SO ORDERED. Dated: _ December 12, 2023 | Ww Vv Kr 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28