Hardy v. Sam's West, Inc.

• Court: District Court, E.D. California
• Decided: July 1, 2024
• Docket: 1:24-cv-00384
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NANCY HARDY, Case No. 1:24-cv-00384-CDB 12 Plaintiff, SCHEDULING ORDER (Fed. R. Civ. P. 16) 13 v. Discovery Deadlines: -Rule 26 Disclosures: June 27, 2024 14 SAM’S WEST, INC. -Amend Pleadings: July 27, 2024 -Expert Disclosures: February 10, 2025 15 Defendant. -Rebuttal Expert Disclosures: February 24, 2025 -Fact Discovery: January 27, 2025 16 -Expert Discovery: March 26, 2025 -Mid-Discovery Status Conference: December 16, 17 2024, at 10:00 a.m., in Bakersfield Federal Courthouse 510 19th Street, Bakersfield, CA 93301 18 Non-Dispositive Motion Deadlines: 19 -Filing: February 17, 2025 -Hearing: March 24, 2025, at 20 10:30 a.m., in Bakersfield Federal Courthouse 21 Dispositive Motion Deadlines: -Filing: March 31, 2025 22 -Hearing: May 5, 2025, at 10:30 a.m., in Bakersfield Federal Courthouse 23 Pre-Trial Conference: July 7, 2025, at 24 10:30 a.m., in Bakersfield Federal Courthouse 25 Trial: September 8, 2025, at 8:30 a.m., in Bakersfield Federal Courthouse 26 27 28 1 On October 24, 2023, Plaintiff Nancy Hardy initiated this action with the filing of a complaint 2 against Defendant Sam’s West, Inc. (“Defendant”) raising claims under the Fair Employment and 3 Housing Act. (Doc. 1). Defendant removed the action to this Court on April 1, 2024. Id. The parties 4 convened via Zoom videoconference for a scheduling conference before Magistrate Judge Christopher 5 D. Baker on June 27, 2024. (Doc. 5). Douglas Schenck appeared on behalf of Plaintiff and Terry 6 Higham and Malak Cherkaoui Jaouad appeared on behalf of Defendant. Id. 7 I. Pleading Amendment 8 Any motions to amend the pleadings, including to add allegations or to add or substitute 9 parties, must be filed by July 27, 2024. The parties should not construe a timely filing of a motion or 10 stipulation requesting leave to amend the pleadings to necessarily constitute good cause to modify the 11 existing schedule, if necessary. All proposed amendments, including to substitute any Doe 12 defendants, must (A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if the amendment 13 requires any modification to the existing schedule, see Johnson v. Mammoth Recreations, Inc., 975 14 F.2d 604, 609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P. 15(a), that such an amendment 15 is not (1) prejudicial to the opposing party, (2) the product of undue delay, (3) proposed in bad faith, or 16 (4) futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). 17 II. Discovery Plan and Cut-Off Date 18 The parties shall exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) by no 19 later than June 27, 2024. 20 The parties are ordered to complete all discovery pertaining to non-experts on or before 21 January 27, 2025, and all discovery pertaining to experts on or before March 26, 2025. 22 The parties are directed to disclose all expert witnesses, in writing, on or before February 10, 23 2025, and to disclose all rebuttal experts on or before February 24, 2025. The written designation of 24 retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), 25 and (C) and shall include all information required thereunder. Failure to designate experts in 26 compliance with this order may result in the Court excluding the testimony or other evidence offered 27 through such experts that are not disclosed pursuant to this order. 28 1 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to 2 experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 3 included in the designation. Failure to comply may result in the imposition of sanctions, which may 4 include striking the expert designation and preclusion of expert testimony. 5 The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement 6 disclosures and responses to discovery requests will be strictly enforced. 7 A mid-discovery status conference is scheduled for December 16, 2024, at 10:00 a.m. before 8 Magistrate Judge Christopher D. Baker. Counsel SHALL file a joint mid-discovery status conference 9 report no later than one week before the conference. Counsel also SHALL lodge the status report via 10 e-mail to CDBorders@caed.uscourts.gov. The joint status report SHALL outline the discovery 11 counsel have completed and that which needs to be completed as well as any impediments to 12 completing the discovery within the deadlines set forth in this order. Counsel SHALL discuss 13 settlement and certify in the joint status report (1) that they have met/conferred regarding settlement, 14 and (2) proposed dates for convening a settlement conference with an unassigned magistrate judge. 15 III. Pre-Trial Motion Schedule / Informal Discovery Dispute Conferences 16 All non-dispositive pre-trial motions, including any discovery motions, shall be filed by 17 February 17, 20251 and heard on or before March 24, 2025. For these hearings and at the direction 18 of the Courtroom Deputy Clerk, the Court may direct counsel to appear remotely (via Zoom). For 19 hearings noticed to occur in-person, the Court may permit counsel to appear remotely (via Zoom) 20 provided the Courtroom Deputy Clerk receives a written notice of the request to appear remotely no 21 later than five court days before the noticed hearing date. 22 No motion to amend or stipulation to amend the case schedule will be entertained unless it is 23 filed at least three days before the first deadline the parties wish to extend. 24 No written discovery motions shall be filed without the prior approval of Judge Baker. A party 25 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 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 agreement the issues in dispute. If that good faith effort is unsuccessful, prior to making any filing, 2 the requesting party promptly shall seek a conference with all involved parties and Judge Baker. To 3 schedule this conference, the parties should contact the Courtroom Deputy Clerk, Susan Hall, at (661) 4 326-6620 or via email at SHall@caed.uscourts.gov. At least two days before the conference, counsel 5 shall file a joint, informal letter brief detailing each party’s position. Each party’s narrative shall not 6 exceed five pages, excluding exhibits, and shall cite relevant authority in support of the party’s 7 position. At the commencement of the conference, if the parties jointly agree to Judge Baker’s 8 consideration and resolution of the discovery disputes outside the formal Local Rule 251 procedures, 9 the Court will entertain arguments by the parties and issue a written ruling. If the parties do not jointly 10 agree to the informal discovery dispute resolution procedures set forth herein, the requesting party 11 may then seek relief through motion to compel. Counsel must comply with Local Rule 251 with 12 respect to discovery disputes and certify their compliance in any discovery motion. 13 All dispositive pre-trial motions shall be filed no later than March 31, 2025, and heard on or 14 before May 5, 2025. Motions are heard before Judge Baker at 10:30 a.m., at the United States District 15 Courthouse, 510 19th Street, Bakersfield, CA. 16 IV. Motions for Summary Judgment or Summary Adjudication 17 At least 21 days before filing a motion for summary judgment or motion for summary 18 adjudication, the parties SHALL meet, in person or by telephone, to confer about the issues to be 19 raised in the motion. 20 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 21 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 22 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 23 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 24 expense of briefing a motion; and 6) to develop a joint statement of undisputed facts. 25 The moving party SHALL initiate the meeting and SHALL provide a complete, proposed 26 statement of undisputed facts at least five days before the conference. The finalized joint statement 27 of undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 28 1 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 2 statement of undisputed facts. 3 In the notice of motion, the moving party SHALL certify that the parties have met and 4 conferred as ordered above or set forth a statement of good cause for the failure to meet and confer. 5 Failure to comply may result in the motion being stricken. 6 V. Pre-Trial Conference 7 July 7, 2025, at 10:30 a.m., located at the United States District Courthouse, 510 19th Street, 8 Bakersfield, CA, before Judge Baker. 9 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). The 10 parties are further directed to submit a digital copy of their pretrial statement in Word format, directly 11 to Judge Baker’s chambers, by email at CDBorders@caed.uscourts.gov. 12 Counsels’ attention is directed to Rules 281 and 282 of the Local Rules for the Eastern District 13 of California, as to the obligations of counsel in preparing for the pre-trial conference. The Court will 14 insist upon strict compliance with those rules. In addition to the matters set forth in the Local Rules, 15 the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the Court to 16 explain the nature of the case to the jury during voir dire. 17 VI. Trial Date 18 September 8, 2025, at 8:30 a.m., located at the United States District Courthouse, 510 19th 19 Street, Bakersfield, CA, before Judge Baker. 20 A. This is a jury trial. 21 B. Counsels’ Estimate of Trial Time: 3-5 days 22 C. Counsels’ attention is directed to Local Rules of Practice for the Eastern District of 23 California, Rule 285. 24 VII. Settlement Conference 25 The parties SHALL meet and confer and notify the Court prior to the Pre-Trial Conference 26 whether they wish to convene a Settlement Conference. In the event the parties request a Settlement 27 Conference, unless otherwise permitted in advance by the Court, the attorneys who will try the case 28 shall appear at the settlement conference with the parties and the person or persons having full 1 authority to negotiate and settle the case on any terms2 at the conference. Consideration of settlement 2 is a serious matter that requires preparation prior to the settlement conference. Set forth below are the 3 procedures the Court will employ, absent good cause, in conducting the conference. 4 At least twenty-one days before the settlement conference, Plaintiff SHALL submit to 5 Defendant via fax or e-mail, a written itemization of damages and a meaningful3 settlement demand 6 which includes a brief explanation of why such a settlement is appropriate. Thereafter, no later than 7 fourteen days before the settlement conference, Defendant SHALL respond, via fax or e-mail, with an 8 acceptance of the offer or with a meaningful counteroffer which includes a brief explanation of why 9 such a settlement is appropriate. 10 If settlement is not achieved, each party SHALL attach copies of their settlement offers to their 11 Confidential Settlement Conference Statement, as described below. Copies of these documents shall 12 not be filed on the court docket. 13 CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 14 At least five court days prior to the settlement conference, the parties shall submit a 15 Confidential Settlement Conference Statement via email directly to the chambers of the unassigned 16 magistrate judge referred to the settlement conference. The statement should not be filed with the 17 Clerk of the Court nor served on any other party, although the parties may file a Notice of Lodging of 18 Settlement Conference Statement. Each statement shall be clearly marked "confidential" with the date 19 and time of the settlement conference indicated prominently thereon. 20 The Confidential Settlement Conference Statement shall include the following: 21 A. A brief statement of the facts of the case. 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 B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon 2 which the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on the 3 claims and defenses; and a description of the major issues in dispute. 4 C. A summary of the proceedings to date. 5 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 6 E. The relief sought. 7 F. The party’s position on settlement, including present demands and offers and a history 8 of past settlement discussions, offers and demands. 9 VIII. Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten 10 Trial 11 None. 12 IX. Related Matters Pending 13 There are no pending related matters. 14 X. Compliance with Federal Procedure 15 All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 16 and the Local Rules of the Eastern District of California, and to keep abreast of any amendments 17 thereto. The Court requires compliance with these Rules to efficiently handle its increasing case load. 18 XI. Effect of this Order 19 The foregoing order represents the best estimate of the court and counsel as to the agenda most 20 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 21 parties determine at any time that the schedule outlined in this order cannot be met, counsel are 22 ordered to notify the court immediately of that fact so that adjustments may be made, either by 23 stipulation or by subsequent status conference. 24 The dates set in this Order are considered to be firm and will not be modified absent a 25 showing of good cause even if the request to modify is made by stipulation. Stipulations 26 extending the deadlines contained herein will not be considered unless they are accompanied by 27 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 28 1 || for granting the relief requested. 2 Failure to comply with this order may result in the imposition of sanctions. 5 IT IS SO ORDERED. Dated: _ July 1, 2024 | nnd Rr 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28