Mr. Pickles Franchise Systems, LLC v. Galisatus ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 MR. PICKLE’S FRANCHISE No. 2:21-cv-01003 WBS DB SYSTEMS, LLC, 13 Plaintiff, 14 v. 15 MARK T. GALISATUS d/b/a 16 DUGOUT DELI, 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 August 1, 2022, and makes the following findings 24 and orders without needing to consult with the parties any 25 further. 26 I. SERVICE OF PROCESS 27 All defendants have been served, and no further service 28 is permitted without leave of court, good cause having been shown 1 under Federal Rule of Civil Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 7 (9th Cir. 1992). 8 III. JURISDICTION/VENUE 9 Jurisdiction is predicated upon 28 U.S.C. § 1332, 10 because the parties are of diverse citizenship and the amount in 11 controversy exceeds $75,000. Venue is undisputed and hereby 12 found to be proper. 13 IV. DISCOVERY 14 The parties served the initial disclosures required by 15 Federal Rule of Civil Procedure 26(a)(1) by February 8, 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 March 27, 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 1, 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 5, 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 5, 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 August 7, 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 October 23, 15 2023, at 1:30 p.m. in Courtroom No. 5. The conference shall be 16 attended by at least one of the attorneys who will conduct the 17 trial for each of the parties and by any unrepresented parties. 18 Counsel for all parties are to be fully prepared for 19 trial at the time of the Pretrial Conference, with no matters 20 remaining to be accomplished except production of witnesses for 21 oral testimony. Counsel shall file separate pretrial statements, 22 and are referred to Local Rules 281 and 282 relating to the 23 contents of and time for filing those statements. In addition to 24 those subjects listed in Local Rule 281(b), the parties are to 25 provide the court with: (1) a plain, concise statement which 26 identifies every non-discovery motion which has been made to the 27 court, and its resolution; (2) a list of the remaining claims as 28 against each defendant; and (3) the estimated number of trial 1 days. 2 In providing the plain, concise statements of 3 undisputed facts and disputed factual issues contemplated by 4 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 5 that remain at issue, and any remaining affirmatively pled 6 defenses thereto. If the case is to be tried to a jury, the 7 parties shall also prepare a succinct statement of the case, 8 which is appropriate for the court to read to the jury. 9 VII. TRIAL SETTING 10 The jury trial is set for December 12, 2023, at 9:00 11 a.m. The parties estimate that the trial will last five to six 12 days. 13 VIII. SETTLEMENT CONFERENCE 14 A Settlement Conference with a magistrate judge will be 15 set at the time of the Pretrial Conference. Counsel are 16 instructed to have a principal with full settlement authority 17 present at the Settlement Conference or to be fully authorized to 18 settle the matter on any terms. At least seven calendar days 19 before the Settlement Conference counsel for each party shall 20 submit a confidential Settlement Conference Statement for review 21 by the settlement judge. The Settlement Conference Statements 22 shall not be filed and will not otherwise be disclosed to the 23 trial judge. 24 IX. MODIFICATIONS TO SCHEDULING ORDER 25 Any requests to modify the dates or terms of this 26 Scheduling Order, except requests to change the date of the 27 trial, may be heard and decided by the assigned Magistrate Judge. 28 All requests to change the trial date shall be heard and decided ee REI IE IIE IEE EE 1 only by the undersigned judge. 2 IT IS SO ORDERED. 3 | Dated: July 22, 2022 □□ tteom. Ad. bt—~ WILLIAMB.SHUBB (ssi (i‘—SsSCS UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28