1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 L.S., No. 2:24-cv-02849-DAD-SCR 12 Plaintiff, 13 v. SCHEDULING ORDER 14 HAPPY HIPPO, LLC, 15 Defendant. 16 17 Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the court has reviewed the 18 parties’ joint status report (Doc. No. 24) and has determined that the court need not “consult[] 19 with the parties’ attorneys and any unrepresented parties at a scheduling conference,” before 20 issuing a scheduling order in this case. Fed. R. Civ. P. 16(b)(1)(B). Accordingly, the court 21 vacates the initial scheduling conference set for August 25, 2025 and hereby issues this 22 scheduling order. 23 I. SERVICE OF PROCESS 24 The named defendant Happy Hippo, LLC has been served as required by Federal Rule of 25 Civil Procedure 5. No further service is permitted without leave of court, good cause having been 26 shown under Federal Rule of Civil Procedure 16(b). 27 ///// 28 ///// 1 II. JOINDER OF ADDITIONAL PARTIES / AMENDMENT OF PLEADINGS 2 The parties have not informed the court regarding whether they anticipate the joinder of 3 additional parties or amendment of the pleadings. 4 No further joinder of parties or amendments to pleadings is permitted without leave of 5 court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth 6 Recreations, Inc., 975 F.2d 27 604 (9th Cir. 1992). The parties are advised that the filing of 7 motions and/or stipulations requesting leave to amend the pleadings does not imply good cause to 8 modify the existing schedule. Fed. R. Civ. P. 16 (b)(4); see also Johnson, 975 F. 2d at 609. 9 Moreover, any amendment requested under Federal Rule of Civil Procedure 15(a) must not be: 10 (1) prejudicial to the opposing party; (2) the product of undue delay; (3) proposed in bad faith; or 11 (4) futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). 12 III. DISCOVERY PROCEDURES 13 Discovery matters that do not implicate the schedule of the case or that do not relate to 14 sealing or redaction of documents related to dispositive motions are referred to the assigned 15 United States Magistrate Judge, who will hear all discovery disputes subject to his or her 16 procedures. (The assigned magistrate judge’s initials follow the district judge’s initials next to the 17 case number.) All discovery documents must include the words “DISCOVERY MATTER” in 18 the caption to ensure proper routing. Do not direct delivery of courtesy copies of these 19 documents to the district judge. Counsel are directed to contact the magistrate judge’s courtroom 20 deputy clerk to schedule discovery matters for hearing. 21 All motions to compel discovery must be noticed on the assigned magistrate judge’s 22 calendar in accordance with the local rules of this court and the magistrate judge’s own 23 procedures. The written ruling of the assigned magistrate judge shall be final, subject to 24 modification by the district court only where it has been shown that the magistrate judge’s order 25 is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). Pursuant to Local Rule 26 303, any party may file and serve a “Request for Reconsideration by the District Court of 27 Magistrate Judge’s Ruling.” See L.R. 303(c). The requesting party must file and serve any such 28 request within fourteen (14) days of service of a written ruling. L.R. 303(b). The request must 1 specify which portions of the ruling are clearly erroneous or contrary to law and the basis for that 2 contention with supporting points and authorities. L.R. 303(c). 3 In addition, the assigned magistrate judge reviews proposed discovery phase protective 4 orders sought by the parties pursuant to Local Rule 141.1. However, requests to seal or redact in 5 connection with dispositive motions or trial are decided by Judge Drozd and any such requests 6 must comply with Judge Drozd’s Standing Order and Local Rules 140 and 141. 7 IV. DISCOVERY DEADLINES 8 A. Rule 26(a) Initial Disclosures 9 The parties shall serve their initial disclosures pursuant to Federal Rule of Civil Procedure 10 Rule 26(a)(1) no later than September 8, 2025, which is a date proposed by the parties. 11 Any parties served or joined after the issuance of this scheduling order shall “make the 12 initial disclosures within 30 days after being served or joined,” as provided by Rule 26(a)(1)(D). 13 B. Class Certification 14 The parties propose that only certain deadlines—including the parties’ briefing schedule 15 for plaintiff’s motion for class certification—be set at this time and that the court set further 16 deadlines after resolution of plaintiff’s anticipated motion. (Doc. No. 24 at 3.) However, the 17 parties propose competing schedules. (Id. at 3–4.) For instance, plaintiff proposes that fact 18 discovery continue after plaintiff’s class certification motion and suggests that the court set no 19 fact discovery deadlines at this time. (Id. at 3.) On the other hand, defendant appears to propose 20 that all fact discovery be completed prior to plaintiff’s motion for class certification, starting with 21 fact discovery regarding plaintiff’s individual claims, followed by fact discovery regarding 22 plaintiff’s class claims. (Id. at 4.) As the parties’ joint statement provides, “certain discovery will 23 only become necessary after a class is certified.” (Id. at 2.) Given the possible need for further 24 fact discovery following the court’s order on plaintiff’s motion for class certification, the court 25 declines to set fact discovery deadlines at this time. (Id.) Additionally, defendant proposes that 26 prior to plaintiff’s motion for class certification, the parties should file dispositive motions 27 relating to plaintiff’s individual claims. (Id. at 4.) With an eye toward ensuring than any 28 ///// 1 dispositive motions are decided on the merits with the benefit of all discovery, the court declines 2 to set such a deadline. As such, the court adopts plaintiff’s proposed schedule as follows. 3 Any motion for class certification pursuant to Federal Rule of Civil Procedure 23 shall be 4 filed by no later than May 13, 2026. Plaintiff shall produce his class certification expert(s) for 5 deposition no later than June 10, 2026. Defendant shall file any opposition to plaintiff’s motion 6 for class certification no later than July 8, 2026. Defendant shall produce its class certification 7 expert(s) for deposition no later than August 5, 2026. Plaintiff shall file any reply in support of 8 his motion for class certification no later than September 2, 2026. 9 Absent further order of the court, the parties shall file a joint status report regarding 10 scheduling within fourteen (14) days of the court issuing an order resolving plaintiff’s anticipated 11 motion for class certification. The court therefore will not set dates for the pretrial conference 12 and trial in this action at this time. 13 V.
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 L.S., No. 2:24-cv-02849-DAD-SCR 12 Plaintiff, 13 v. SCHEDULING ORDER 14 HAPPY HIPPO, LLC, 15 Defendant. 16 17 Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the court has reviewed the 18 parties’ joint status report (Doc. No. 24) and has determined that the court need not “consult[] 19 with the parties’ attorneys and any unrepresented parties at a scheduling conference,” before 20 issuing a scheduling order in this case. Fed. R. Civ. P. 16(b)(1)(B). Accordingly, the court 21 vacates the initial scheduling conference set for August 25, 2025 and hereby issues this 22 scheduling order. 23 I. SERVICE OF PROCESS 24 The named defendant Happy Hippo, LLC has been served as required by Federal Rule of 25 Civil Procedure 5. No further service is permitted without leave of court, good cause having been 26 shown under Federal Rule of Civil Procedure 16(b). 27 ///// 28 ///// 1 II. JOINDER OF ADDITIONAL PARTIES / AMENDMENT OF PLEADINGS 2 The parties have not informed the court regarding whether they anticipate the joinder of 3 additional parties or amendment of the pleadings. 4 No further joinder of parties or amendments to pleadings is permitted without leave of 5 court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth 6 Recreations, Inc., 975 F.2d 27 604 (9th Cir. 1992). The parties are advised that the filing of 7 motions and/or stipulations requesting leave to amend the pleadings does not imply good cause to 8 modify the existing schedule. Fed. R. Civ. P. 16 (b)(4); see also Johnson, 975 F. 2d at 609. 9 Moreover, any amendment requested under Federal Rule of Civil Procedure 15(a) must not be: 10 (1) prejudicial to the opposing party; (2) the product of undue delay; (3) proposed in bad faith; or 11 (4) futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). 12 III. DISCOVERY PROCEDURES 13 Discovery matters that do not implicate the schedule of the case or that do not relate to 14 sealing or redaction of documents related to dispositive motions are referred to the assigned 15 United States Magistrate Judge, who will hear all discovery disputes subject to his or her 16 procedures. (The assigned magistrate judge’s initials follow the district judge’s initials next to the 17 case number.) All discovery documents must include the words “DISCOVERY MATTER” in 18 the caption to ensure proper routing. Do not direct delivery of courtesy copies of these 19 documents to the district judge. Counsel are directed to contact the magistrate judge’s courtroom 20 deputy clerk to schedule discovery matters for hearing. 21 All motions to compel discovery must be noticed on the assigned magistrate judge’s 22 calendar in accordance with the local rules of this court and the magistrate judge’s own 23 procedures. The written ruling of the assigned magistrate judge shall be final, subject to 24 modification by the district court only where it has been shown that the magistrate judge’s order 25 is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). Pursuant to Local Rule 26 303, any party may file and serve a “Request for Reconsideration by the District Court of 27 Magistrate Judge’s Ruling.” See L.R. 303(c). The requesting party must file and serve any such 28 request within fourteen (14) days of service of a written ruling. L.R. 303(b). The request must 1 specify which portions of the ruling are clearly erroneous or contrary to law and the basis for that 2 contention with supporting points and authorities. L.R. 303(c). 3 In addition, the assigned magistrate judge reviews proposed discovery phase protective 4 orders sought by the parties pursuant to Local Rule 141.1. However, requests to seal or redact in 5 connection with dispositive motions or trial are decided by Judge Drozd and any such requests 6 must comply with Judge Drozd’s Standing Order and Local Rules 140 and 141. 7 IV. DISCOVERY DEADLINES 8 A. Rule 26(a) Initial Disclosures 9 The parties shall serve their initial disclosures pursuant to Federal Rule of Civil Procedure 10 Rule 26(a)(1) no later than September 8, 2025, which is a date proposed by the parties. 11 Any parties served or joined after the issuance of this scheduling order shall “make the 12 initial disclosures within 30 days after being served or joined,” as provided by Rule 26(a)(1)(D). 13 B. Class Certification 14 The parties propose that only certain deadlines—including the parties’ briefing schedule 15 for plaintiff’s motion for class certification—be set at this time and that the court set further 16 deadlines after resolution of plaintiff’s anticipated motion. (Doc. No. 24 at 3.) However, the 17 parties propose competing schedules. (Id. at 3–4.) For instance, plaintiff proposes that fact 18 discovery continue after plaintiff’s class certification motion and suggests that the court set no 19 fact discovery deadlines at this time. (Id. at 3.) On the other hand, defendant appears to propose 20 that all fact discovery be completed prior to plaintiff’s motion for class certification, starting with 21 fact discovery regarding plaintiff’s individual claims, followed by fact discovery regarding 22 plaintiff’s class claims. (Id. at 4.) As the parties’ joint statement provides, “certain discovery will 23 only become necessary after a class is certified.” (Id. at 2.) Given the possible need for further 24 fact discovery following the court’s order on plaintiff’s motion for class certification, the court 25 declines to set fact discovery deadlines at this time. (Id.) Additionally, defendant proposes that 26 prior to plaintiff’s motion for class certification, the parties should file dispositive motions 27 relating to plaintiff’s individual claims. (Id. at 4.) With an eye toward ensuring than any 28 ///// 1 dispositive motions are decided on the merits with the benefit of all discovery, the court declines 2 to set such a deadline. As such, the court adopts plaintiff’s proposed schedule as follows. 3 Any motion for class certification pursuant to Federal Rule of Civil Procedure 23 shall be 4 filed by no later than May 13, 2026. Plaintiff shall produce his class certification expert(s) for 5 deposition no later than June 10, 2026. Defendant shall file any opposition to plaintiff’s motion 6 for class certification no later than July 8, 2026. Defendant shall produce its class certification 7 expert(s) for deposition no later than August 5, 2026. Plaintiff shall file any reply in support of 8 his motion for class certification no later than September 2, 2026. 9 Absent further order of the court, the parties shall file a joint status report regarding 10 scheduling within fourteen (14) days of the court issuing an order resolving plaintiff’s anticipated 11 motion for class certification. The court therefore will not set dates for the pretrial conference 12 and trial in this action at this time. 13 V. SETTLEMENT CONFERENCE 14 The undersigned requires parties to participate in a court-supervised settlement conference 15 with a settlement judge before the action may proceed to trial. A settlement conference has not 16 been set at this time. At any time before the final pretrial conference, the parties may file a joint 17 request that this action be referred to a settlement judge for the setting of a settlement conference. 18 If the parties have not participated in a court-supervised settlement conference by the time of the 19 final pretrial conference, the court will refer the action at that time to the assigned magistrate 20 judge for the setting of a settlement conference. The parties shall contact the designated 21 settlement conference judge’s chambers to ascertain that judge’s settlement conference 22 procedures, including the procedure for submitting confidential settlement statements, which shall 23 not be filed and will not otherwise be disclosed to the trial judge. 24 Unless otherwise permitted in advance by the court, the attorneys who will try the case 25 shall appear at the settlement conference. Pertinent evidence to be offered at trial, documents or 26 otherwise, should be brought to the settlement conference for presentation to the settlement judge. 27 Of course, neither the settlement conference statements nor communications during the settlement 28 conference with the settlement judge can be used by either party in the trial of this case. 1 Absent permission from the court, in addition to counsel who will try the case being 2 present, the individual parties shall also be present, and in the case of corporate parties, 3 associations or other entities, and insurance carriers, a representative executive with unrestricted 4 authority to discuss, consider, propose and agree, or disagree, to any settlement proposal or offer 5 shall also be present. If for any reason the representative with unlimited authority cannot attend, 6 such a person must be available by phone or video throughout the conference. In other words, 7 having settlement authority “up to a certain amount” is not acceptable. 8 VI. REQUEST FOR BIFURCATION, APPOINTMENT OF SPECIAL MASTER, OR 9 OTHER TECHNIQUES TO SHORTEN TRIAL 10 The parties have not made any such requests at this time. 11 VII. RELATED MATTERS PENDING 12 The parties have not alerted the court to any related litigation. 13 VIII. OBJECTIONS AND MODIFICATIONS TO THE SCHEDULING ORDER 14 This case schedule will become final without further order of the court unless 15 objections are filed within fourteen (14) days of the entry of this order. The schedule, once 16 final, shall not be modified except by leave of court upon showing of good cause. The assigned 17 magistrate judge is authorized to modify only the discovery dates to the extent any such 18 modification does not impact the balance of the schedule of the case. 19 The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil 20 Procedure, no stipulations extending scheduling requirements or modifying applicable rules are 21 effective until and unless the court approves them. Agreement of the parties by stipulation alone 22 does not constitute good cause. Any request or stipulation to modify this scheduling order must 23 set forth: 24 (1) the existing due date or hearing date as well as the discovery cutoff date, the last 25 date for hearing motions, the final pretrial conference date, and the trial date; 26 (2) whether there have been prior requests for extensions, and whether these were 27 granted or denied by the court; and 28 ///// 1 (3) specific, concrete reasons supporting good cause for granting of the extension. For 2 example, if the reason for the requested extension is that it “will promote 3 settlement,” the requesting party or parties must indicate the status of ongoing 4 negotiations, 1.e., have written proposals been exchanged; is counsel in the process 5 of reviewing a draft settlement agreement; has a mediator been selected. 6 IT IS SO ORDERED. "| Dated: _ August 19, 2025 Dab A. 2, sxe 8 DALE A. DROZD 9 UNITED STATES DISTRICT JUDGE
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