Olds-Blank v. Bank of America, N.A. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 ADRIENNE OLDS-BLANK, No. 2:22-cv-00113 WBS AC 13 Plaintiff, 14 v. 15 BANK OF AMERICA, N.A., a national banking association; 16 CAPITAL ONE BANK USA, N.A., a national banking association; 17 EQUIFAX INFORMATION SERVICES, LLC, a foreign limited- 18 liability company; EXPERIAN INFORMATION SOLUTIONS, INC., 19 a foreign corporation; TRANS UNION LLC, a foreign limited- 20 liability company, 21 Defendants. 22 23 ----oo0oo---- 24 STATUS (PRETRIAL SCHEDULING) ORDER 25 After reviewing the parties’ Joint Status Report, the 26 court hereby vacates the Status (Pretrial Scheduling) Conference 27 scheduled for June 21, 2022, and makes the following findings and 28 orders without needing to consult with the parties any further. 1 I. SERVICE OF PROCESS 2 Plaintiff has filed notices of settlement as to 3 Equifax, Experian, and Trans Union, but has not yet filed 4 dismissals as to those defendants. The only remaining defendants 5 are Bank of America and Capital One Bank, which have been served. 6 No further service is permitted without leave of court, good 7 cause having been shown under Federal Rule of Civil Procedure 8 16(b). 9 II. JOINDER OF PARTIES/AMENDMENTS 10 No further joinder of parties or amendments to 11 pleadings will be permitted except with leave of court, good 12 cause having been shown under Federal Rule of Civil Procedure 13 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 14 (9th Cir. 1992). 15 III. JURISDICTION/VENUE 16 Jurisdiction is predicated upon 28 U.S.C. § 1331, 17 because the claim arises under the Fair Credit Reporting Act, 15 18 U.S.C. § 1681. The court has jurisdiction over plaintiff’s state 19 law claims pursuant to 28 U.S.C. § 1367. Venue is undisputed and 20 hereby found to be proper. 21 IV. DISCOVERY 22 The parties have already served the initial disclosures 23 required by Federal Rule of Civil Procedure 26(a)(1) on or before 24 June 1, 2022. 25 The parties shall disclose experts and produce reports 26 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 27 later than October 5, 2022. With regard to expert testimony 28 intended solely for rebuttal, those experts shall be disclosed 1 and reports produced in accordance with Federal Rule of Civil 2 Procedure 26(a)(2) on or before November 7, 2022. 3 All discovery, including depositions for preservation 4 of testimony, is left open, save and except that it shall be so 5 conducted as to be completed by December 30, 2022. The word 6 “completed” means that all discovery shall have been conducted so 7 that all depositions have been taken and any disputes relevant to 8 discovery shall have been resolved by appropriate order if 9 necessary and, where discovery has been ordered, the order has 10 been obeyed. All motions to compel discovery must be noticed on 11 the magistrate judge’s calendar in accordance with the local 12 rules of this court and so that such motions may be heard (and 13 any resulting orders obeyed) not later than December 30, 2022. 14 V. MOTION HEARING SCHEDULE 15 All motions, except motions for continuances, temporary 16 restraining orders, or other emergency applications, shall be 17 filed on or before January 31, 2023. All motions shall be 18 noticed for the next available hearing date. Counsel are 19 cautioned to refer to the local rules regarding the requirements 20 for noticing and opposing such motions on the court’s regularly 21 scheduled law and motion calendar. 22 VI. FINAL PRETRIAL CONFERENCE 23 The Final Pretrial Conference is set for April 10, 24 2023, at 1:30 p.m. in Courtroom No. 5 or via videoconference. 25 The Courtroom Deputy will notify the parties prior to the 26 Conference whether the Conference will be held in person of via 27 videoconference. The conference shall be attended by at least 28 one of the attorneys who will conduct the trial for each of the 1 parties and by any unrepresented parties. 2 Counsel for all parties are to be fully prepared for 3 trial at the time of the Pretrial Conference, with no matters 4 remaining to be accomplished except production of witnesses for 5 oral testimony. Counsel shall file separate pretrial statements, 6 and are referred to Local Rules 281 and 282 relating to the 7 contents of and time for filing those statements. In addition to 8 those subjects listed in Local Rule 281(b), the parties are to 9 provide the court with: (1) a plain, concise statement which 10 identifies every non-discovery motion which has been made to the 11 court, and its resolution; (2) a list of the remaining claims as 12 against each defendant; and (3) the estimated number of trial 13 days. 14 In providing the plain, concise statements of 15 undisputed facts and disputed factual issues contemplated by 16 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 17 that remain at issue, and any remaining affirmatively pled 18 defenses thereto. If the case is to be tried to a jury, the 19 parties shall also prepare a succinct statement of the case, 20 which is appropriate for the court to read to the jury. 21 VII. TRIAL SETTING 22 The jury trial is set for June 21, 2023 at 9:00 a.m. 23 The parties estimate that the trial will last two to three days. 24 VIII. SETTLEMENT CONFERENCE 25 A Settlement Conference with a magistrate judge will be 26 set at the time of the Pretrial Conference. Counsel are 27 instructed to have a principal with full settlement authority 28 present at the Settlement Conference or to be fully authorized to eee eee I OS OS EEE IE Om IRIE ENE IE INR OE ISIE) IID NE 1 settle the matter on any terms. At least seven calendar days 2 before the Settlement Conference counsel for each party shall 3 submit a confidential Settlement Conference Statement for review 4 by the settlement judge. The Settlement Conference Statements 5 shall not be filed and will not otherwise be disclosed to the 6 trial judge. 7 IX. MODIFICATIONS TO SCHEDULING ORDER 8 Any requests to modify the dates or terms of this 9 Scheduling Order, except requests to change the date of the 10 trial, may be heard and decided by the assigned Magistrate Judge. 11 All requests to change the trial date shall be heard and decided 12 only by the undersigned judge. 13 IT IS SO ORDERED. 14 | Dated: June 9, 2022 bet ak. 1d 15 WILLIAM B. SHUBB 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28