Crimmins v. Clean Harbors Environmental Services, Inc. ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES CRIMMINS, Case No. 1:24-cv-00233-CDB 12 Plaintiff, SCHEDULING ORDER (Fed. R. Civ. P. 16) 13 v. Discovery Deadlines: -Rule 26 Disclosures: June 4, 2024 14 CLEAN HARBORS -Amend Pleadings: July 28, 2024 ENVIRONMENTAL SERVICES, INC., -Expert Disclosures: January 27, 2025 15 -Rebuttal Expert Disclosures: February 10, 2025 Defendant. -Fact Discovery: January 13, 2025 16 -Expert Discovery: March 12, 2025 -Mid-Discovery Status Conference: October 7, 17 2024, at 10:00 a.m., in Bakersfield Federal Courthouse 510 19th Street, Bakersfield, CA 93301 18 Non-Dispositive Motion Deadlines: 19 -Filing: March 21, 2025 -Hearing: April 25, 2025, at 20 10:30 a.m., in Bakersfield Federal Courthouse 21 Dispositive Motion Deadlines: -Filing: April 18, 2025 22 -Hearing: May 23, 2025, at 1:30 p.m., in Bakersfield Federal Courthouse 23 Pre-Trial Conference: July 11, 2025, at 24 10:30 a.m., in Bakersfield Federal Courthouse 25 Trial: September 15, 2025, at 8:30 a.m., in Bakersfield Federal Courthouse 26 27 28 1 Plaintiff initiated this wage-and-hour action in state court on January 12, 2024; Defendant 2 removed the case to this court on February 23, 2024. According to his allegations, Plaintiff previously 3 worked for Defendant as a technician and raises claims under California state law for: (1) wrongful 4 termination in violation of Labor Code Section 98.6; (2) wrongful termination in violation of public 5 policy; (3) failure to provide meal periods; (4) failure to provide rest periods; (5) failure to pay 6 minimum wage; (6) failure to provide pay stubs; (7) failure to pay final wages; and (8) unfair business 7 practices. 8 On May 28, 2024, the parties convened via Zoom videoconference for a scheduling conference 9 before Magistrate Judge Christopher D. Baker. (Doc. 10). Ben Rothman appeared on behalf of 10 Plaintiff. Paul Smith and Brittany Johnson appeared on behalf of Defendant. 11 I. Pleading Amendment 12 Any motions to amend the pleadings, including to add allegations or to add or substitute 13 parties, must be filed by July 28, 2024. The parties should not construe a timely filing of a motion or 14 stipulation requesting leave to amend the pleadings to necessarily constitute good cause to modify the 15 existing schedule, if necessary. All proposed amendments must (A) be supported by good cause 16 pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any modification to the existing schedule, 17 see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish, 18 under Fed. R. Civ. P. 15(a), that such an amendment is not (1) prejudicial to the opposing party, (2) 19 the product of undue delay, (3) proposed in bad faith, or (4) futile. See Foman v. Davis, 371 U.S. 178, 20 182 (1962). 21 II. Discovery Plan and Cut-Off Date 22 The parties shall exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) by no 23 later than June 4, 2024. 24 The parties are ordered to complete all discovery pertaining to non-experts on or before 25 January 13, 2025, and all discovery pertaining to experts on or before March 12, 2025. 26 The parties are directed to disclose all expert witnesses, in writing, on or before January 27, 27 2025, and to disclose all rebuttal experts on or before February 10, 2025. The written designation of 28 retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), 1 and (C) and shall include all information required thereunder. Failure to designate experts in 2 compliance with this order may result in the Court excluding the testimony or other evidence offered 3 through such experts that are not disclosed pursuant to this order. 4 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to 5 experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 6 included in the designation. Failure to comply may result in the imposition of sanctions, which may 7 include striking the expert designation and preclusion of expert testimony. 8 The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement 9 disclosures and responses to discovery requests will be strictly enforced. 10 A mid-discovery status conference is scheduled for October 7, 2024, at 10:00 a.m. before 11 Magistrate Judge Christopher D. Baker. Counsel SHALL file a joint mid-discovery status conference 12 report no later than one week before the conference. Counsel also SHALL lodge the status report via 13 e-mail to CDBorders@caed.uscourts.gov. The joint status report SHALL outline the discovery 14 counsel have completed and that which needs to be completed as well as any impediments to 15 completing the discovery within the deadlines set forth in this order. Counsel SHALL discuss 16 settlement and certify in the joint status report (1) that they have met/conferred regarding settlement, 17 and (2) proposed dates for convening a settlement conference with an unassigned magistrate judge. 18 III. Pre-Trial Motion Schedule / Informal Discovery Dispute Conferences 19 All non-dispositive pre-trial motions, including any discovery motions, shall be filed by 20 March 21, 20251 and heard on or before April 25, 2025. For these hearings and at the direction of the 21 Courtroom Deputy Clerk, the Court may direct counsel to appear remotely (via Zoom). For hearings 22 noticed to occur in-person, the Court may permit counsel to appear remotely (via Zoom) provided the 23 Courtroom Deputy Clerk receives a written notice of the request to appear remotely no later than five 24 court days before the noticed hearing date. 25 No motion to amend or stipulation to amend the case schedule will be entertained unless it is 26 27 1 Non-dispositive motions related to non-expert discovery SHALL be filed within a reasonable 28 time of discovery of the dispute, but in no event later than 30 days after the expiration of the non-expert discovery deadline. 1 filed at least three days before the first deadline the parties wish to extend. 2 No written discovery motions shall be filed without the prior approval of Judge Baker. A party 3 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 4 agreement the issues in dispute. If that good faith effort is unsuccessful, prior to making any filing, the 5 requesting party promptly shall seek a conference with all involved parties and Judge Baker. To 6 schedule this conference, the parties should contact the Courtroom Deputy Clerk, Susan Hall, at (661) 7 326-6620 or via email at SHall@caed.uscourts.gov. At least two days before the conference, counsel 8 shall file a joint, informal letter brief detailing each party’s position. Each party’s narrative shall not 9 exceed five pages, excluding exhibits, and shall cite relevant authority in support of the party’s 10 position. At the commencement of the conference, if the parties jointly agree to Judge Baker’s 11 consideration and resolution of the discovery disputes outside the formal Local Rule 251 procedures, 12 the Court will entertain arguments by the parties and issue a written ruling. If the parties do not jointly 13 agree to the informal discovery dispute resolution procedures set forth herein, the requesting party may 14 then seek relief through motion to compel. Counsel must comply with Local Rule 251 with respect to 15 discovery disputes and certify their compliance any discovery motion will be denied without prejudice 16 and removed from the Court’s calendar. 17 All dispositive pre-trial motions shall be filed no later than April 18, 2025, and heard on or 18 before May 23, 2025. Motions are heard before Judge Baker at 10:30 a.m., at the United States 19 District Courthouse, 510 19th Street, Bakersfield, CA. 20 IV. Motions for Summary Judgment or Summary Adjudication 21 At least 21 days before filing a motion for summary judgment or motion for summary 22 adjudication, the parties SHALL meet, in person or by telephone, to confer about the issues to be 23 raised in the motion. 24 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 25 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 26 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 27 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 28 expense of briefing a motion; and 6) to develop a joint statement of undisputed facts. 1 The moving party SHALL initiate the meeting and SHALL provide a complete, proposed 2 statement of undisputed facts at least five days before the conference. The finalized joint statement 3 of undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 4 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 5 statement of undisputed facts. 6 In the notice of motion, the moving party SHALL certify that the parties have met and 7 conferred as ordered above, or set forth a statement of good cause for the failure to meet and confer. 8 Failure to comply may result in the motion being stricken. 9 V. Pre-Trial Conference 10 July 11, 2025, at 10:30 a.m., located at the United States District Courthouse, 510 19th Street, 11 Bakersfield, CA, before Judge Baker. 12 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). The 13 parties are further directed to submit a digital copy of their pretrial statement in Word format, directly 14 to Judge Baker’s chambers, by email at CDBorders@caed.uscourts.gov. 15 Counsels’ attention is directed to Rules 281 and 282 of the Local Rules for the Eastern District 16 of California, as to the obligations of counsel in preparing for the pre-trial conference. The Court will 17 insist upon strict compliance with those rules. In addition to the matters set forth in the Local Rules, 18 the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the Court to 19 explain the nature of the case to the jury during voir dire. 20 VI. Trial Date 21 September 15, 2025, at 8:30 a.m., located at the United States District Courthouse, 510 19th 22 Street, Bakersfield, CA, before Judge Baker. 23 A. This is a jury trial. 24 B. Counsels’ Estimate of Trial Time: 5 days 25 C. Counsels’ attention is directed to Local Rules of Practice for the Eastern District of 26 California, Rule 285. 27 28 1 VII. Settlement Conference 2 The parties SHALL meet and confer and notify the Court prior to the Pre-Trial Conference 3 whether they wish to convene a Settlement Conference. In the event the parties request a Settlement 4 Conference, unless otherwise permitted in advance by the Court, the attorneys who will try the case 5 shall appear at the settlement conference with the parties and the person or persons having full 6 authority to negotiate and settle the case on any terms2 at the conference. Consideration of settlement 7 is a serious matter that requires preparation prior to the settlement conference. Set forth below are the 8 procedures the Court will employ, absent good cause, in conducting the conference. 9 At least twenty-one days before the settlement conference, Plaintiff SHALL submit to 10 Defendant via fax or e-mail, a written itemization of damages and a meaningful3 settlement demand 11 which includes a brief explanation of why such a settlement is appropriate. Thereafter, no later than 12 fourteen days before the settlement conference, Defendant SHALL respond, via fax or e-mail, with an 13 acceptance of the offer or with a meaningful counteroffer which includes a brief explanation of why 14 such a settlement is appropriate. 15 If settlement is not achieved, each party SHALL attach copies of their settlement offers to their 16 Confidential Settlement Conference Statement, as described below. Copies of these documents shall 17 not be filed on the court docket. 18 CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 19 At least five court days prior to the settlement conference, the parties shall submit a 20 Confidential Settlement Conference Statement via email directly to the chambers of the unassigned 21 magistrate judge referred to the settlement conference. The statement should not be filed with the 22 23 2 Insurance carriers, business organizations, and governmental bodies or agencies whose settlement 24 agreements are subject to approval by legislative bodies, executive committees, boards of directors or the like shall be represented by a person or persons who occupy high executive positions in the party organization and 25 who will be directly involved in the process of approval of any settlement offers or agreements. To the extent possible, the representative shall have authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent demand. 26 3 “Meaningful” means the offer is reasonably calculated to settle the case on terms acceptable to the 27 offering party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party. If, however, the offering party is only willing to offer a settlement which it knows the other party 28 will not accept, this should trigger a recognition the case is not in a settlement posture and the parties should confer about continuing or vacating the settlement conference via stipulation. 1 Clerk of the Court nor served on any other party, although the parties may file a Notice of Lodging of 2 Settlement Conference Statement. Each statement shall be clearly marked "confidential" with the date 3 and time of the settlement conference indicated prominently thereon. 4 The Confidential Settlement Conference Statement shall include the following: 5 A. A brief statement of the facts of the case. 6 B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 7 which the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the 8 claims and defenses; and a description of the major issues in dispute. 9 C. A summary of the proceedings to date. 10 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 11 E. The relief sought. 12 F. The party’s position on settlement, including present demands and offers and a history 13 of past settlement discussions, offers and demands. 14 VIII. Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten 15 Trial 16 None. 17 IX. Related Matters Pending 18 There are no pending related matters; however, Defendant represents Plaintiff’s ability to 19 recover in this action may be impacted by the actual, possible or anticipated resolution of other 20 unidentified cases to which Defendant is a party (see Doc. 9 at 5). 21 X. Compliance with Federal Procedure 22 All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 23 and the Local Rules of the Eastern District of California, and to keep abreast of any amendments 24 thereto. The Court requires compliance with these Rules to efficiently handle its increasing case load. 25 XI. Effect of this Order 26 The foregoing order represents the best estimate of the court and counsel as to the agenda most 27 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 28 parties determine at any time that the schedule outlined in this order cannot be met, counsel are 1 || ordered to notify the court immediately of that fact so that adjustments may be made, either by 2 || stipulation or by subsequent status conference. 3 The dates set in this Order are considered to be firm and will not be modified absent a 4 showing of good cause even if the request to modify is made by stipulation. Stipulations 5 || extending the deadlines contained herein will not be considered unless they are accompanied by 6 || affidavits or declarations, and where appropriate attached exhibits, which establish good cause 7 || for granting the relief requested. 8 Failure to comply with this order may result in the imposition of sanctions. ° IT IS SO ORDERED. 10 ) | | i Dated: _May 29, 2024 _ lyr DR UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28