Strawser v. Allen Distribution, LP ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 RONALD STRAWSER, on behalf of No. 2:22-CV-01733-WBS-KJN himself and others similarly 13 situated,, 14 Plaintiff, 15 v. 16 ALLEN DISTRIBUTION; ALLEN DISTRIBUTION, LP; ALLEN 17 DISTRIBUTION, LLC; and DOES 1 TO 100, inclusive, 18 Defendants. 19 20 ----oo0oo---- 21 STATUS (PRETRIAL SCHEDULING) ORDER 22 After reviewing the parties’ Joint Status Report, the 23 court hereby vacates the Status (Pretrial Scheduling) Conference 24 scheduled for January 30, 2023, and makes the following findings 25 and orders without needing to consult with the parties any 26 further. 27 I. SERVICE OF PROCESS 28 1 All defendants have been served, and no further service 2 is permitted without leave of court, good cause having been shown 3 under Federal Rule of Civil Procedure 16(b). 4 II. JOINDER OF PARTIES/AMENDMENTS 5 No further joinder of parties or amendments to 6 pleadings will be permitted except with leave of court, good 7 cause having been shown under Federal Rule of Civil Procedure 8 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 9 (9th Cir. 1992). 10 III. JURISDICTION/VENUE 11 Jurisdiction in this putative labor class action is 12 predicated upon the Class Action Fairness Act, 28 U.S.C. 13 §1332(d), because the amount in controversy exceeds $5,000,000, 14 there are over 100 potential class members, and the named parties 15 are of diverse citizenship. Venue is undisputed and hereby found 16 to be proper. 17 IV. DISCOVERY 18 The parties shall serve the initial disclosures 19 required by Federal Rule of Civil Procedure 26(a)(1) on or before 20 March 8, 2023. 21 The parties shall disclose experts and produce reports 22 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 23 later than January 10, 2024. With regard to expert testimony 24 intended solely for rebuttal, those experts shall be disclosed 25 and reports produced in accordance with Federal Rule of Civil 26 Procedure 26(a)(2) on or before February 7, 2024. 27 All discovery, including depositions for preservation 28 of testimony, is left open, save and except that it shall be so 1 conducted as to be completed by March 6, 2024. The word 2 “completed” means that all discovery shall have been conducted so 3 that all depositions have been taken and any disputes relevant to 4 discovery shall have been resolved by appropriate order if 5 necessary and, where discovery has been ordered, the order has 6 been obeyed. All motions to compel discovery must be noticed on 7 the magistrate judge’s calendar in accordance with the local 8 rules of this court and so that such motions may be heard (and 9 any resulting orders obeyed) not later than March 6, 2024. 10 V. MOTION HEARING SCHEDULE 11 All motions, except motions for continuances, temporary 12 restraining orders, or other emergency applications, shall be 13 filed on or before April 17, 2024. All motions shall be noticed 14 for the next available hearing date. Counsel are cautioned to 15 refer to the local rules regarding the requirements for noticing 16 and opposing such motions on the court’s regularly scheduled law 17 and motion calendar. 18 VI. FINAL PRETRIAL CONFERENCE 19 The Final Pretrial Conference is set for July 1, 2024, 20 at 1:30 p.m. in Courtroom No. 5. The conference shall be 21 attended by at least one of the attorneys who will conduct the 22 trial for each of the parties and by any unrepresented parties. 23 Counsel for all parties are to be fully prepared for 24 trial at the time of the Pretrial Conference, with no matters 25 remaining to be accomplished except production of witnesses for 26 oral testimony. Counsel shall file separate pretrial statements, 27 and are referred to Local Rules 281 and 282 relating to the 28 contents of and time for filing those statements. In addition to 1 those subjects listed in Local Rule 281(b), the parties are to 2 provide the court with: (1) a plain, concise statement which 3 identifies every non-discovery motion which has been made to the 4 court, and its resolution; (2) a list of the remaining claims as 5 against each defendant; and (3) the estimated number of trial 6 days. 7 In providing the plain, concise statements of 8 undisputed facts and disputed factual issues contemplated by 9 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 10 that remain at issue, and any remaining affirmatively pled 11 defenses thereto. If the case is to be tried to a jury, the 12 parties shall also prepare a succinct statement of the case, 13 which is appropriate for the court to read to the jury. 14 VII. TRIAL SETTING 15 The jury trial is set for August 27, 2024 at 9:00 a.m. 16 The parties estimate that the trial will last 15 to 35 days, if a 17 class is certified. 18 VIII. SETTLEMENT CONFERENCE 19 A Settlement Conference with a magistrate judge will be 20 set at the time of the Pretrial Conference. Counsel are 21 instructed to have a principal with full settlement authority 22 present at the Settlement Conference or to be fully authorized to 23 settle the matter on any terms. At least seven calendar days 24 before the Settlement Conference counsel for each party shall 25 submit a confidential Settlement Conference Statement for review 26 by the settlement judge. The Settlement Conference Statements 27 shall not be filed and will not otherwise be disclosed to the 28 trial judge. nee en meen eee nnn nn on en OE OD OE 1 IX. MODIFICATIONS TO SCHEDULING ORDER 2 Any requests to modify the dates or terms of this 3 Scheduling Order, except requests to change the date of the 4 trial, may be heard and decided by the assigned Magistrate Judge. 5 All requests to change the trial date shall be heard and decided 6 only by the undersigned judge. 7 IT IS SO ORDERED . 8 Dated: January 25, 2023 illo A. dé WILLIAM B. SHUBB 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28