De Backre Dali v. Mercedes-Benz USA, LLC ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 JESSICA ANNA DE BACKRE DALI, No. 2:22-cv-00287 WBS DB 13 Plaintiff, 14 v. 15 MERCEDES-BENZ USA, LLC, a Delaware Limited Liability 16 Company, 17 Defendant. 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 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 named defendants have been served, and no further 27 service is permitted without leave of court, good cause having 28 been shown 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. § 1332, 9 because there is complete diversity between the parties and the 10 amount in controversy exceeds $75,000. Venue is undisputed and 11 hereby found to be proper. 12 IV. DISCOVERY 13 The parties agree to serve the initial disclosures 14 required by Federal Rule of Civil Procedure 26(a)(1) on or before 15 June 17, 2022. 16 The parties shall disclose experts and produce reports 17 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 18 later than May 17, 2023. With regard to expert testimony 19 intended solely for rebuttal, those experts shall be disclosed 20 and reports produced in accordance with Federal Rule of Civil 21 Procedure 26(a)(2) on or before May 31, 2023. 22 All discovery, including depositions for preservation 23 of testimony, is left open, save and except that it shall be so 24 conducted as to be completed by June 14, 2023. The word 25 “completed” means that all discovery shall have been conducted so 26 that all depositions have been taken and any disputes relevant to 27 discovery shall have been resolved by appropriate order if 28 necessary and, where discovery has been ordered, the order has 1 been obeyed. All motions to compel discovery must be noticed on 2 the magistrate judge’s calendar in accordance with the local 3 rules of this court and so that such motions may be heard (and 4 any resulting orders obeyed) not later than June 14, 2023. 5 V. MOTION HEARING SCHEDULE 6 All motions, except motions for continuances, temporary 7 restraining orders, or other emergency applications, shall be 8 filed on or before July 10, 2023. All motions shall be noticed 9 for the next available hearing date. Counsel are cautioned to 10 refer to the local rules regarding the requirements for noticing 11 and opposing such motions on the court’s regularly scheduled law 12 and motion calendar. 13 VI. FINAL PRETRIAL CONFERENCE 14 The Final Pretrial Conference is set for September 11, 15 2023, at 1:30 p.m. in Courtroom No. 5 or via videoconference. 16 The Courtroom Deputy will notify the parties prior to the 17 Conference whether the Conference will be held in person of via 18 videoconference. The conference shall be attended by at least 19 one of the attorneys who will conduct the trial for each of the 20 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 October 24, 2023 at 9:00 a.m. 14 The parties estimate that the trial will last five days. 15 VIII. SETTLEMENT CONFERENCE 16 The parties state they will schedule a private 17 mediation and complete it by June 28, 2023. If the case has not 18 settled by the time of the Pretrial Conference, a Settlement 19 Conference with a magistrate judge will be set at that time. 20 Counsel are instructed to have a principal with full settlement 21 authority present at the Settlement Conference or to be fully 22 authorized to settle the matter on any terms. At least seven 23 calendar days before the Settlement Conference counsel for each 24 party shall submit a confidential Settlement Conference Statement 25 for review by the settlement judge. The Settlement Conference 26 Statements shall not be filed and will not otherwise be disclosed 27 to the trial judge. 28 IX. MODIFICATIONS TO SCHEDULING ORDER nnn nen nen en ee IE OE SED) IID OE 1 Any requests to modify the dates or terms of this 2 Scheduling Order, except requests to change the date of the 3 trial, may be heard and decided by the assigned Magistrate Judge. 4 All requests to change the trial date shall be heard and decided 5 only by the undersigned judge. 6 IT IS SO ORDERED. 7 | Dated: June 14, 2022 ttle au~ 7h. ig 8 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28