Filed: Apr. 17, 2017
Latest Update: Apr. 17, 2017
Summary: STATUS (PRETRIAL SCHEDULING) FOR CLASS CERTIFICATION KIMBERLY J. MUELLER , District Judge . An initial scheduling conference was held in this case on April 7, 2017. Thomas Wheeler appeared for plaintiff; Eugene Hahm appeared for defendant. Having reviewed the parties' Joint Status Report filed on March 17, 2016, and discussed a schedule for class certification with counsel at the hearing, the court makes the following orders: I. SERVICE OF PROCESS All named defendants have been served
Summary: STATUS (PRETRIAL SCHEDULING) FOR CLASS CERTIFICATION KIMBERLY J. MUELLER , District Judge . An initial scheduling conference was held in this case on April 7, 2017. Thomas Wheeler appeared for plaintiff; Eugene Hahm appeared for defendant. Having reviewed the parties' Joint Status Report filed on March 17, 2016, and discussed a schedule for class certification with counsel at the hearing, the court makes the following orders: I. SERVICE OF PROCESS All named defendants have been served a..
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STATUS (PRETRIAL SCHEDULING) FOR CLASS CERTIFICATION
KIMBERLY J. MUELLER, District Judge.
An initial scheduling conference was held in this case on April 7, 2017. Thomas Wheeler appeared for plaintiff; Eugene Hahm appeared for defendant.
Having reviewed the parties' Joint Status Report filed on March 17, 2016, and discussed a schedule for class certification with counsel at the hearing, the court makes the following orders:
I. SERVICE OF PROCESS
All named defendants have been served and no further service is permitted without leave of court, good cause having been shown.
II. ADDITIONALPARTIES/AMENDMENTS/PLEADINGS
Plaintiff shall file an amended complaint within fourteen (14) days of the scheduling conference. Any further joinder of parties or amendments to pleadings is not permitted without leave of court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).
III. JURISDICTION/VENUE
Jurisdiction is predicated upon 28 U.S.C. § 1332(d)(2). Jurisdiction and venue are not disputed.
IV. DISCLOSURE OF EXPERT WITNESSES
The court sets the following schedule for experts in connection with Class Certification:
Initial Expert Disclosure: January 5, 2018
Completion of Opening Expert
Witness Depositions: February 9, 2018
Rebuttal Expert Disclosure: February 16, 2018
Completion of Rebuttal Expert
Witness Depositions: March 2, 2018
All Discovery Cut-Off: July 20, 2018
V. MOTION FOR CLASS CERTIFICATION
The court sets the following schedule for briefing and hearing on Class Certification:
Filing of Motion for Class Certification: January 19, 2018
Opposition to Motion for Class
Certification: February 23, 2018
Reply in Support of Motion for Class
Certification: March 9, 2018
Hearing on Motion for Class Certification: April 6, 2018
VI. SETTLEMENT CONFERENCE
The parties are agreeable to attending private mediation in this matter. Mediation shall occur by April 27, 2018, and the parties shall notify the court within seven days of completion of private mediation of the status of their settlement efforts.
VII. FURTHER SCHEDULING
All further scheduling dates will be set after the court's ruling on plaintiff's motion for class certification.
VIII. MODIFICATION OF STATUS (PRETRIAL SCHEDULING) ORDER
The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court upon a showing of good cause. Agreement of the parties by stipulation alone does not constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel does not constitute good cause.
IX. OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER
This Status Order will become final without further order of the court unless objections are filed within fourteen (14) calendar days of service of this Order.
IT IS SO ORDERED.
