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Whitaker v. Rubio's Rests.

United States District Court, Eastern District of California
Jun 9, 2022
2:22-cv-00195 WBS JDP (E.D. Cal. Jun. 9, 2022)

Opinion

2:22-cv-00195 WBS JDP

06-09-2022

BRIAN WHITAKER, Plaintiff, v. RUBIO'S RESTAURANTS, INC., a Delaware Corporation, Defendant.


STATUS (PRETRIAL SCHEDULING) ORDER

WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE

After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for June 21, 2022, and makes the following findings and orders without needing to consult with the parties any further.

I. SERVICE OF PROCESS

All defendants have been served, and no further service is permitted without leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b).

II. JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings will be permitted except with leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 28 U.S.C. § 1331, because plaintiff pursues a claim under the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and upon 28 U.S.C. § 1367(a), because plaintiff's cause of action under state law is predicated upon the same core of operative facts. Venue is undisputed and hereby found to be proper.

Defendant disputes that the court has jurisdiction over plaintiff's claims, arguing that plaintiff lacks standing because plaintiff has articulated no definite intentions to return to defendant's business. However, defendant has not filed a motion to dismiss, whether for lack of standing or otherwise.

IV. DISCOVERY

The parties agree to serve the initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) on or before June 16, 2022.

The parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than March 27, 2023. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before April 3, 2023.

All discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by April 17, 2023. The word “completed” means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance with the local rules of this court and so that such motions may be heard (and any resulting orders obeyed) not later than April 17, 2023.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before May 15, 2023. All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for noticing and opposing such motions on the court's regularly scheduled law and motion calendar.

VI. FINAL PRETRIAL CONFERENCE

The Final Pretrial Conference is set for July 31, 2023, at 1:30 p.m. in Courtroom No. 5. The conference shall be attended by at least one of the attorneys who will conduct the trial for each of the parties and by any unrepresented parties.

Counsel for all parties are to be fully prepared for trial at the time of the Pretrial Conference, with no matters remaining to be accomplished except production of witnesses for oral testimony. Counsel shall file separate pretrial statements, and are referred to Local Rules 281 and 282 relating to the contents of and time for filing those statements. In addition to those subjects listed in Local Rule 281(b), the parties are to provide the court with: (1) a plain, concise statement which identifies every non-discovery motion which has been made to the court, and its resolution; (2) a list of the remaining claims as against each defendant; and (3) the estimated number of trial days.

In providing the plain, concise statements of undisputed facts and disputed factual issues contemplated by Local Rule 281(b)(3)-(4), the parties shall emphasize the claims that remain at issue, and any remaining affirmatively pled defenses thereto. If the case is to be tried to a jury, the parties shall also prepare a succinct statement of the case, which is appropriate for the court to read to the jury.

VII. TRIAL SETTING

The bench trial is set for September 26, 2023, at 9:00 a.m. The parties estimate that the trial will last one to three days. As both parties have requested a bench trial, a bench trial will proceed before the court sitting without a jury.

Defendant previously demanded a jury trial in its answer; however, based on its recent request for a bench trial in the JSR, defendant appears to have abandoned its jury demand.

VIII. SETTLEMENT CONFERENCE

A Settlement Conference with a magistrate judge will be set at the time of the Pretrial Conference. Counsel are instructed to have a principal with full settlement authority present at the Settlement Conference or to be fully authorized to settle the matter on any terms. At least seven calendar days before the Settlement Conference counsel for each party shall submit a confidential Settlement Conference Statement for review by the settlement judge. The Settlement Conference Statements shall not be filed and will not otherwise be disclosed to the trial judge.

IX. MODIFICATIONS TO SCHEDULING ORDER

Any requests to modify the dates or terms of this Scheduling Order, except requests to change the date of the trial, may be heard and decided by the assigned Magistrate Judge. All requests to change the trial date shall be heard and decided only by the undersigned judge.

IT IS SO ORDERED.


Summaries of

Whitaker v. Rubio's Rests.

United States District Court, Eastern District of California
Jun 9, 2022
2:22-cv-00195 WBS JDP (E.D. Cal. Jun. 9, 2022)
Case details for

Whitaker v. Rubio's Rests.

Case Details

Full title:BRIAN WHITAKER, Plaintiff, v. RUBIO'S RESTAURANTS, INC., a Delaware…

Court:United States District Court, Eastern District of California

Date published: Jun 9, 2022

Citations

2:22-cv-00195 WBS JDP (E.D. Cal. Jun. 9, 2022)