Courtesy Automotive Group, Inc. v. Subaru of America, Inc.

Opinion

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12 COURTESY AUTOMOTIVE GROUP, No. 2:22-cv-997 WBS DMC INC., dba COURTESY SUBARU OF 14 Plaintiff, 15 v. 16 SUBARU OF AMERICA, INC., and DOES 1 through 50, inclusive, 17 Defendants. 18 19 ----oo0oo---- 20 AMENDED STATUS (PRETRIAL SCHEDULING) ORDER 21 This Order amends the prior Status (Pretrial 22 Scheduling) Order previously issued by the court. (See Docket 23 No. 65.) 25 All defendants have been served, and no further service 26 is permitted without leave of court, good cause having been shown 27 under Federal Rule of Civil Procedure 16(b). 28 II. JOINDER OF PARTIES/AMENDMENTS 1 No further joinder of parties or amendments to 2 pleadings will be permitted except with leave of court, good 3 cause having been shown under Federal Rule of Civil Procedure 4 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 5 607-10 (9th Cir. 1992). 6 III. JURISDICTION/VENUE 7 Jurisdiction is predicated upon 28 U.S.C. § 1332(a), 8 because the parties are completely diverse and the amount-in- 9 controversy exceeds $75,000, in this breach of contract action 10 between a franchisor and a franchisee. Venue is undisputed and 11 hereby found to be proper. 13 The parties agree to serve the initial disclosures 14 required by Federal Rule of Civil Procedure 26(a)(1) on or before 15 April 23, 2025. 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 August 25, 2025. 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 September 24, 2025. 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 October 24, 2025. 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 October 24, 2025. 6 All motions, except motions for continuances, temporary 7 restraining orders, or other emergency applications, shall be 8 filed on or before January 5, 2026. 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. 14 The Final Pretrial Conference is set for March 23, 15 2026, 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. 10 Local Rule 201 states that “[w]here demand is made for 11 a jury trial, it shall appear immediately following the title of 12 the complaint or answer containing the demand.” Defendant Subaru 13 of America, Inc., demanded a jury trial in its Answer to the 14 First Amended Complaint. (See Docket No. 35 at 29.) However, 15 this pleading does not mention a demand for a jury trial 16 immediately following its title. (See id. at 1.) Despite 17 defendant’s lack of conformity with the Local Rules, the court 18 will accept its jury demand. 19 The jury trial is set for May 27, 2026, at 9:00 a.m. 20 The parties estimate that the trial will last three (3) days. 22 A Settlement Conference with a magistrate judge will be 23 set at the time of the Pretrial Conference. Counsel are 24 instructed to have a principal with full settlement authority 25 present at the Settlement Conference or to be fully authorized to 26 settle the matter on any terms. At least seven calendar days 27 before the Settlement Conference counsel for each party shall 28 submit a confidential Settlement Conference Statement for review ee nnn ee en en ee nn EO ED EE

1 by the settlement judge. The Settlement Conference Statements 2 shall not be filed and will not otherwise be disclosed to the 3 trial judge. 5 Any requests to modify the dates or terms of this 6 Scheduling Order, except requests to change the date of the 7 trial, may be heard and decided by the assigned Magistrate Judge. 8 All requests to change the trial date shall be heard and decided 9 only by the undersigned judge. 11 | Dated: April 1, 2025 Atte th 2d. 1D WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28