Thompson-Phillips 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 LUCINDA THOMPSON-PHILLIPS, No. 2:22-cv-01245 WBS KJN 13 Plaintiff, 14 v. 15 WAL-MART ASSOCIATES, INC., a Delaware corporation; and 16 Does 1-10, 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 November 7, 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 is permitted without leave of court, good cause having been shown 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 in this disability discrimination in 10 employment case is predicated upon 28 U.S.C. § 1332, because the 11 parties are of diverse citizenship and the amount in controversy 12 exceeds $75,000. Venue is undisputed and hereby found to be 13 proper. 14 IV. DISCOVERY 15 The parties agree to serve the initial disclosures 16 required by Federal Rule of Civil Procedure 26(a)(1) on or before 17 December 23, 2022. 18 The parties shall disclose experts and produce reports 19 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 20 later than September 8, 2023. With regard to expert testimony 21 intended solely for rebuttal, those experts shall be disclosed 22 and reports produced in accordance with Federal Rule of Civil 23 Procedure 26(a)(2) on or before October 6, 2023. 24 All discovery, including depositions for preservation 25 of testimony, is left open, save and except that it shall be so 26 conducted as to be completed by November 3, 2023. The word 27 “completed” means that all discovery shall have been conducted so 28 that all depositions have been taken and any disputes relevant to 1 discovery shall have been resolved by appropriate order if 2 necessary and, where discovery has been ordered, the order has 3 been obeyed. All motions to compel discovery must be noticed on 4 the magistrate judge’s calendar in accordance with the local 5 rules of this court and so that such motions may be heard (and 6 any resulting orders obeyed) not later than November 3, 2023. 7 V. MOTION HEARING SCHEDULE 8 All motions, except motions for continuances, temporary 9 restraining orders, or other emergency applications, shall be 10 filed on or before December 22, 2023. All motions shall be 11 noticed for the next available hearing date. Counsel are 12 cautioned to refer to the local rules regarding the requirements 13 for noticing and opposing such motions on the court’s regularly 14 scheduled law and motion calendar. 15 VI. FINAL PRETRIAL CONFERENCE 16 The Final Pretrial Conference is set for March 11, 17 2024, at 1:30 p.m. in Courtroom No. 5. The conference shall be 18 attended by at least one of the attorneys who will conduct the 19 trial for each of the parties and by any unrepresented parties. 20 Counsel for all parties are to be fully prepared for 21 trial at the time of the Pretrial Conference, with no matters 22 remaining to be accomplished except production of witnesses for 23 oral testimony. Counsel shall file separate pretrial statements, 24 and are referred to Local Rules 281 and 282 relating to the 25 contents of and time for filing those statements. In addition to 26 those subjects listed in Local Rule 281(b), the parties are to 27 provide the court with: (1) a plain, concise statement which 28 identifies every non-discovery motion which has been made to the 1 court, and its resolution; (2) a list of the remaining claims as 2 against each defendant; and (3) the estimated number of trial 3 days. 4 In providing the plain, concise statements of 5 undisputed facts and disputed factual issues contemplated by 6 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 7 that remain at issue, and any remaining affirmatively pled 8 defenses thereto. If the case is to be tried to a jury, the 9 parties shall also prepare a succinct statement of the case, 10 which is appropriate for the court to read to the jury. 11 VII. TRIAL SETTING 12 Jury trial is set for May 14, 2024 at 9:00 a.m. The 13 parties estimate that the trial will last 8 to 10 days. 14 VIII. SETTLEMENT CONFERENCE 15 A Settlement Conference with a magistrate judge will be 16 set at the time of the Pretrial Conference. Counsel are 17 instructed to have a principal with full settlement authority 18 present at the Settlement Conference or to be fully authorized to 19 settle the matter on any terms. At least seven calendar days 20 before the Settlement Conference counsel for each party shall 21 submit a confidential Settlement Conference Statement for review 22 by the settlement judge. The Settlement Conference Statements 23 shall not be filed and will not otherwise be disclosed to the 24 trial judge. 25 IX. MODIFICATIONS TO SCHEDULING ORDER 26 Any requests to modify the dates or terms of this 27 Scheduling Order, except requests to change the date of the 28 trial, may be heard and decided by the assigned Magistrate Judge. nnn nnn ene en en ee EE IS IS I EO 1 All requests to change the trial date shall be heard and decided 2 only by the undersigned judge. 3 IT IS SO ORDERED. 4| Dated: November 1, 2022 hhh an~ Ve 2d. bE 5 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28