Whitaker v. Rubio's Restaurants, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 BRIAN WHITAKER, No. 2:22-cv-00195 WBS JDP 13 Plaintiff, 14 v. 15 RUBIO’S RESTAURANTS, INC., a Delaware Corporation, 16 Defendant. 17 18 ----oo0oo---- 19 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 June 21, 2022, 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 28 U.S.C. § 1331, 9 because plaintiff pursues a claim under the Americans with 10 Disabilities Act, 42 U.S.C. § 12101, et seq., and upon 28 U.S.C. 11 § 1367(a), because plaintiff’s cause of action under state law is 12 predicated upon the same core of operative facts.1 Venue is 13 undisputed and hereby found to be 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 June 16, 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 March 27, 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 April 3, 2023. 24 All discovery, including depositions for preservation 25 1 Defendant disputes that the court has jurisdiction over plaintiff’s claims, arguing that plaintiff lacks standing because 26 plaintiff has articulated no definite intentions to return to 27 defendant’s business. However, defendant has not filed a motion to dismiss, whether for lack of standing or otherwise. 28 1 of testimony, is left open, save and except that it shall be so 2 conducted as to be completed by April 17, 2023. The word 3 “completed” means that all discovery shall have been conducted so 4 that all depositions have been taken and any disputes relevant to 5 discovery shall have been resolved by appropriate order if 6 necessary and, where discovery has been ordered, the order has 7 been obeyed. All motions to compel discovery must be noticed on 8 the magistrate judge’s calendar in accordance with the local 9 rules of this court and so that such motions may be heard (and 10 any resulting orders obeyed) not later than April 17, 2023. 11 V. MOTION HEARING SCHEDULE 12 All motions, except motions for continuances, temporary 13 restraining orders, or other emergency applications, shall be 14 filed on or before May 15, 2023. All motions shall be noticed 15 for the next available hearing date. Counsel are cautioned to 16 refer to the local rules regarding the requirements for noticing 17 and opposing such motions on the court’s regularly scheduled law 18 and motion calendar. 19 VI. FINAL PRETRIAL CONFERENCE 20 The Final Pretrial Conference is set for July 31, 2023, 21 at 1:30 p.m. in Courtroom No. 5. The conference shall be 22 attended by at least one of the attorneys who will conduct the 23 trial for each of the parties and by any unrepresented parties. 24 Counsel for all parties are to be fully prepared for 25 trial at the time of the Pretrial Conference, with no matters 26 remaining to be accomplished except production of witnesses for 27 oral testimony. Counsel shall file separate pretrial statements, 28 and are referred to Local Rules 281 and 282 relating to the 1 contents of and time for filing those statements. In addition to 2 those subjects listed in Local Rule 281(b), the parties are to 3 provide the court with: (1) a plain, concise statement which 4 identifies every non-discovery motion which has been made to the 5 court, and its resolution; (2) a list of the remaining claims as 6 against each defendant; and (3) the estimated number of trial 7 days. 8 In providing the plain, concise statements of 9 undisputed facts and disputed factual issues contemplated by 10 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 11 that remain at issue, and any remaining affirmatively pled 12 defenses thereto. If the case is to be tried to a jury, the 13 parties shall also prepare a succinct statement of the case, 14 which is appropriate for the court to read to the jury. 15 VII. TRIAL SETTING 16 The bench trial is set for September 26, 2023, at 9:00 17 a.m. The parties estimate that the trial will last one to three 18 days. As both parties have requested a bench trial, a bench 19 trial will proceed before the court sitting without a jury.2 20 VIII. SETTLEMENT CONFERENCE 21 A Settlement Conference with a magistrate judge will be 22 set at the time of the Pretrial Conference. Counsel are 23 instructed to have a principal with full settlement authority 24 present at the Settlement Conference or to be fully authorized to 25 settle the matter on any terms. At least seven calendar days 26 27 2 Defendant previously demanded a jury trial in its answer; however, based on its recent request for a bench trial in 28 the JSR, defendant appears to have abandoned its jury demand. eee em I NE OEE EI IEEE EEE III NO EE 1 before the Settlement Conference counsel for each party shall 2 submit a confidential Settlement Conference Statement for review 3 by the settlement judge. The Settlement Conference Statements 4 shall not be filed and will not otherwise be disclosed to the 5 trial judge. 6 IX. MODIFICATIONS TO SCHEDULING ORDER 7 Any requests to modify the dates or terms of this 8 Scheduling Order, except requests to change the date of the 9 trial, may be heard and decided by the assigned Magistrate Judge. 10 All requests to change the trial date shall be heard and decided 11 only by the undersigned judge. 12 IT IS SO ORDERED. 13 | Dated: June 9, 2022 he bloom HK Ld. bE 14 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28