Rapisura v. BMW of North America, LLC ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 ISAAC RAPISURA, on behalf of No. 2:22-cv-00455 WBS AC himself and all other 13 similarly situated;, 14 Plaintiff, 15 v. 16 BMW OF NORTH AMERICA, LLC, a Delaware limited liability 17 company; and DOES 1 through 50, inclusive, 18 Defendants. 19 20 ----oo0oo---- 21 STATUS (PRETRIAL SCHEDULING) ORDER 22 After reviewing the parties’ Joint Status Report 23 (Docket No. 12-1), the court held a Status (Pretrial Scheduling) 24 Conference on July 5, 2022. In consultation and agreement with 25 the parties, the court makes the following findings and orders. 26 I. SERVICE OF PROCESS 27 All named defendants have been served, and no further 28 1 service is permitted without leave of court, good cause having 2 been shown under Federal Rule of Civil Procedure 16(b). 3 II. JOINDER OF PARTIES/AMENDMENTS 4 Plaintiff’s counsel represented at the Status 5 Conference and in the parties’ joint status report that plaintiff 6 intends to file an amended complaint alleging an additional cause 7 of action. (Corrected Joint Scheduling Report at 3.) Plaintiff 8 has 30 days from the date of this order to file an amended 9 complaint. 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 the Class Action 17 Fairness Act (“CAFA”), 28 U.S.C. § 1332(d), because this is a 18 putative class action in which the amount in controversy exceeds 19 $5,000,000 and at least one member of the putative class is a 20 citizen of a different state than the defendant. Venue is 21 undisputed and hereby found to be proper. 22 IV. DISCOVERY 23 The parties agree to serve the initial disclosures 24 required by Federal Rule of Civil Procedure 26(a)(1) on or before 25 July 15, 2022. 26 In their joint status report, the parties stipulated to 27 bifurcating discovery into two phases. However, at the Status 28 Conference the parties withdrew that stipulation. 1 The parties shall disclose experts and produce reports 2 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 3 later than August 15, 2023. With regard to expert testimony 4 intended solely for rebuttal, those experts shall be disclosed 5 and reports produced in accordance with Federal Rule of Civil 6 Procedure 26(a)(2) on or before September 15, 2023. 7 All discovery, including depositions for preservation 8 of testimony, is left open, save and except that it shall be so 9 conducted as to be completed by October 16, 2023. The word 10 “completed” means that all discovery shall have been conducted so 11 that all depositions have been taken and any disputes relevant to 12 discovery shall have been resolved by appropriate order if 13 necessary and, where discovery has been ordered, the order has 14 been obeyed. All motions to compel discovery must be noticed on 15 the magistrate judge’s calendar in accordance with the local 16 rules of this court and so that such motions may be heard (and 17 any resulting orders obeyed) not later than October 16, 2023. 18 V. MOTION HEARING SCHEDULE 19 All motions, including the motion for class 20 certification, but except motions for continuances, temporary 21 restraining orders, or other emergency applications, shall be 22 filed on or before December 4, 2023. All motions shall be 23 noticed for the next available hearing date. Counsel are 24 cautioned to refer to the local rules regarding the requirements 25 for noticing and opposing such motions on the court’s regularly 26 scheduled law and motion calendar. 27 VI. FINAL PRETRIAL CONFERENCE 28 The Final Pretrial Conference is set for February 12, 1 2024, at 1:30 p.m. in Courtroom No. 5 or via videoconference. 2 The Courtroom Deputy will notify the parties prior to the 3 Conference whether it will be held in person of via 4 videoconference. The conference shall be attended by at least 5 one of the attorneys who will conduct the trial for each of the 6 parties and by any unrepresented parties. 7 Counsel for all parties are to be fully prepared for 8 trial at the time of the Pretrial Conference, with no matters 9 remaining to be accomplished except production of witnesses for 10 oral testimony. Counsel shall file separate pretrial statements, 11 and are referred to Local Rules 281 and 282 relating to the 12 contents of and time for filing those statements. In addition to 13 those subjects listed in Local Rule 281(b), the parties are to 14 provide the court with: (1) a plain, concise statement which 15 identifies every non-discovery motion which has been made to the 16 court, and its resolution; (2) a list of the remaining claims as 17 against each defendant; and (3) the estimated number of trial 18 days. 19 In providing the plain, concise statements of 20 undisputed facts and disputed factual issues contemplated by 21 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 22 that remain at issue, and any remaining affirmatively pled 23 defenses thereto. If the case is to be tried to a jury, the 24 parties shall also prepare a succinct statement of the case, 25 which is appropriate for the court to read to the jury. 26 VII. TRIAL SETTING 27 The jury trial is set for April 9, 2024 at 9:00 a.m. 28 The parties estimate that the trial will last 12 to 17 days if nn ne enn ene Ne I ID NE 1 the court grants plaintiff’s motion for class certification. If 2 the court denies plaintiff’s motion for class certification, the 3 | parties estimate that the trial will last five to seven days. 4 VIII. SETTLEMENT CONFERENCE 5 A Settlement Conference with a magistrate judge will be 6 set at the time of the Pretrial Conference. Counsel are 7 instructed to have a principal with full settlement authority 8 present at the Settlement Conference or to be fully authorized to 9 settle the matter on any terms. At least seven calendar days 10 before the Settlement Conference counsel for each party shall 11 submit a confidential Settlement Conference Statement for review 12 by the settlement judge. The Settlement Conference Statements 13 shall not be filed and will not otherwise be disclosed to the 14 trial judge. 15 IX. MODIFICATIONS TO SCHEDULING ORDER 16 Any requests to modify the dates or terms of this 17 Scheduling Order, except requests to change the date of the 18 trial, may be heard and decided by the assigned Magistrate Judge. 19 | All requests to change the trial date shall be heard and decided 20 only by the undersigned judge. 21 IT IS SO ORDERED. 22 | Dated: July 12, 2022 tleom ah. A. be—~ 53 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 24 25 26 27 28