1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 Case No. 1:24-cv-00368-KES-SAB

10 GIAVANNI MCKNIGHT, SCHEDULING ORDER (Fed. R. Civ. P 16)

11 Plaintiff, Phased Discovery and Motion Deadlines: Initial Disclosures: October 8, 2024 12 Pre-Certification Non-Expert Discovery: June 27, 2025 13 v. Pre-Certification Expert Disclosure: August 29, 2025 Pre-Certification Rebuttal Expert Disclosure: 14 September 26, 2025 PARK MY FLEET, LLC, Pre-Certification Expert Discovery: 15 October 24, 2025 Defendant. Certification Motion Filing: December 19, 2025 16 Opposition and Reply: By Local Rule & Stipulation

17 18 I. Date of Scheduling Conference 19 The Scheduling Conference was held via videoconference on October 1, 2024. 20 II. Appearances of Counsel 21 Robert Montes appeared via video on behalf of Plaintiff. 22 Annie Lau appeared via video on behalf of Defendant. 23 III. Consent to Magistrate Judge 24 The parties have not consented to magistrate jurisdiction. Pursuant to

(c), 25 to the parties who have not consented to conduct all further proceedings in this case, including 26 trial, before United States Magistrate Judge Stanley A. Boone, you should be informed that 27 because of the pressing workload of United States district judges and the priority of criminal 28 cases under the United States Constitution, you are encouraged to consent to magistrate judge 1 jurisdiction in an effort to have your case adjudicated in a timely and cost effective manner. Any 2 criminal trial set which conflicts with the civil trial will take priority, even if the civil trial was set 3 first. Continuances of civil trials under these circumstances may no longer be entertained, absent 4 a specific and stated finding of good cause, but the civil trial may instead trail from day to day or 5 week to week until the completion of either the criminal case or the older civil case. The parties 6 are advised that they are free to withhold consent or decline magistrate jurisdiction without 7 adverse substantive consequences. 8 IV. Initial Disclosure under Fed. R. Civ. P. 26(a)(1) 9 The parties shall complete the initial disclosures required by Fed. R. Civ. P. 26(a)(1), on 10 or before October 8, 2024. 11 V. Amendments to Pleading 12 The parties are advised that filing motions and/or stipulations requesting leave to amend 13 the pleadings does not reflect on the propriety of the amendment or imply good cause to modify 14 the existing schedule, if necessary. All proposed amendments must (A) be supported by good 15 cause pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any modification to the existing 16 schedule, see Johnson v. Mammoth Recreations, Inc.,

(9th Cir. 1992), and (B) 17 establish, under Fed. R. Civ. P. 15(a), that such an amendment is not (1) prejudicial to the 18 opposing party, (2) the product of undue delay, (3) proposed in bad faith, or (4) futile, see Foman 19 v. Davis,

(1962). 20 VI. Class Certification 21 The Court shall order a phased approach to this action. This first phase shall relate to 22 class certification. Any motion for class certification or motion to deny class certification shall be 23 filed on or before December 19, 2025. Opposition and reply briefs shall be filed in accordance 24 with Local Rule 230. The parties are encouraged to meet and confer at the appropriate time and 25 submit a stipulation expanding such briefing periods as necessary. 26 VII. Discovery Plan and Cut-Off Dates 27 The parties are ordered to complete all pre-certification non-expert discovery on or before 28 June 27, 2025 and all pre-certification expert discovery on October 24, 2025. 1 The parties are directed to disclose all pre-certification expert witnesses, in writing, on or 2 before August 29, 2025 and to disclose all pre-certification rebuttal experts on or before 3 September 26, 2025. The written designation of retained and non-retained experts shall be made 4 pursuant to Fed. R. Civ. P. 26(a)(2), (A), (B) and (C) and shall include all information required 5 thereunder. Failure to designate experts in compliance with this order may result in the Court 6 excluding the testimony or other evidence offered through the experts that are not properly 7 disclosed in compliance with this order. 8 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to 9 experts and their opinions. Experts must be fully prepared to be examined on all subjects and 10 opinions included in the designation. Failure to comply will result in the imposition of sanctions, 11 which may include striking the expert designation and the exclusion of their testimony. 12 The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement 13 disclosures and responses to discovery requests will be strictly enforced. 14 The parties are cautioned that the discovery cut-off deadlines are the dates by which all 15 discovery must be completed. Absent good cause, discovery motions will not be heard after the 16 discovery deadlines. Moreover, absent good cause, the Court will only grant relief on a discovery 17 motion if the relief requested requires the parties to act before the expiration of the relevant 18 discovery deadline. In other words, discovery requests and deposition notices must be served 19 sufficiently in advance of the discovery deadlines to permit time for a response, time to meet and 20 confer, time to prepare, file and hear a motion to compel and time to obtain relief on a motion to 21 compel. Counsel are expected to take these contingencies into account when proposing discovery 22 deadlines. Compliance with these discovery cutoffs requires motions to compel be filed and 23 heard sufficiently in advance of the discovery cutoff so that the Court may grant effective relief 24 within the allotted discovery time. A party’s failure to have a discovery dispute heard sufficiently 25 in advance of the discovery cutoff may result in denial of the motion as untimely. 26 VIII. Pre-Trial Motions 27 Unless prior leave of Court is obtained at least seven (7) days before the filing date, all 28 moving and opposition briefs or legal memorandum in civil cases shall not exceed twenty-five 1 (25) pages. Reply briefs filed by moving parties shall not exceed ten (10) pages. Before 2 scheduling any motion, the parties must comply with all requirements set forth in Local Rule 230 3 and 251. 4 A. Non-Dispositive Pre-Trial Motions 5 As noted, all pre-certification non-expert discovery, including motions to compel, shall be 6 completed no later than June 27, 2025. Compliance with these discovery cutoffs requires 7 motions to compel be filed and heard sufficiently in advance of the discovery cutoff so that the 8 Court may grant effective relief within the allotted discovery time. A party’s failure to have a 9 discovery dispute heard sufficiently in advance of the discovery cutoff may result in denial of the 10 motion as untimely. Non-dispositive motions are heard on Wednesdays at 10:00 a.m., before 11 United States Magistrate Judge Stanley A. Boone in Courtroom 9. 12 In scheduling any non-dispositive motion, the Magistrate Judge may grant Applications 13 for an Order Shortening Time pursuant to Local Rule 144(e). However, if counsel does not 14 obtain an Order Shortening Time, the Notice of Motion must comply with Local Rule 251. 15 Discovery Disputes: If a motion is brought under Fed. R. Civ. P. 37, the parties must 16 prepare and file a Joint Statement re Discovery Disagreement (“Joint Statement”) as required by 17 Local Rule 251. The Joint Statement must be filed fourteen (14) calendar days before the 18 scheduled hearing date. Courtesy copies of all motion-related documents, declarations, and 19 exhibits must be delivered to the Clerk’s Office by 10:00 a.m. on the fourth court day prior to the 20 scheduled hearing date. Motions will be removed from the court’s hearing calendar if the Joint 21 Statement is not timely filed or if courtesy copies are not timely delivered. In order to satisfy the 22 meet and confer requirement set forth in Local Rule 251(b), the parties must confer and talk to 23 each other in person, over the telephone or via video conferencing before the hearing about the 24 discovery dispute. The Court may issue sanctions against the moving party or the opposing party 25 if either party fails to meet and confer in good faith. 26 B. Dispositive Pre-Trial Motions 27 Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for 28 summary judgment or motion for summary adjudication, the parties are ORDERED to meet, in 1 person or by telephone, and confer to discuss the issues to be raised in the motion. 2 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment 3 where a question of fact exists; 2) determine whether the respondent agrees that the motion has 4 merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of 5 briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement 6 before the parties incur the expense of briefing a summary judgment motion; and 6) to arrive at a 7 Joint Statement of Undisputed Facts. 8 The moving party shall initiate the meeting and provide a draft of the Joint Statement of 9 Undisputed Facts. In addition to the requirements of Local Rule 260, the moving party shall 10 file a Joint Statement of Undisputed Facts. 11 In the Notice of Motion, the moving party shall certify that the parties have met and 12 conferred as ordered above or set forth a statement of good cause for the failure to meet and 13 confer. 14 IX. Pre-Trial Conference and Trial Date 15 The pre-trial conference and trial date shall be addressed following completion of the pre- 16 certification phase. 17 X. Settlement Conference 18 Should the parties desire a settlement conference, they will jointly request one of the 19 Court, and one will be arranged. In making such request, the parties are directed to notify the 20 Court as to whether or not they desire the undersigned to conduct the settlement conference or to 21 arrange for one before another judicial officer. 22 XI. Related Matters Pending 23 The Parties’ scheduling report indicates they are aware of a related matter filed in the 24 Superior Court of the State of California for the County of San Joaquin, Sarvpreet Grewal v. Park 25 My Fleet LLC, Case No. STK-CV-UOE-2023-0014570. 26 XII. Compliance with Federal Procedure 27 All counsel are expected to familiarize themselves with the Federal Rules of Civil 28 Procedure and the Local Rules of the Eastern District of California, and to keep abreast of any 1 amendments thereto. The Court must insist upon compliance with these Rules if it is to 2 efficiently handle its increasing case load and sanctions will be imposed for failure to follow the 3 Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules for the 4 Eastern District of California. 5 Additional requirements and more detailed procedures for courtroom practice before 6 United States Magistrate Judge Stanley A. Boone can be found at the United States District Court 7 for the Eastern District of California’s website (www.caed.uscourts.gov) under Judges; United 8 States Magistrate Judge Stanley A. Boone (SAB). In the area entitled “Case Management 9 Procedures,” there is a link to “Standard Information.” All parties and counsel shall comply with 10 the guidelines set forth therein. 11 XIII. Newer Admitted Attorneys and Motions before Judge Boone 12 The Court reviews motions set for hearing and makes a determination whether to vacate 13 the hearing if the Court deems oral argument is unnecessary. See L.R. 230(g). Recognizing the 14 value and importance of training attorneys, for a motion set or to be set for hearing, the Court 15 encourages the parties to consider assigning the oral argument to an attorney with seven (7) years 16 or less experience out of law school. If any party provides notification that such an attorney from 17 at least one side will argue the motion, the Court will go forward with the hearing as 18 scheduled. The parties shall place such notification within a separately entitled section after the 19 conclusion of the motion, opposition, or reply briefing. If no party provides such notice, the 20 hearing may be vacated without further notice. 21 XIV. Effect of this Order 22 The foregoing order represents the best estimate of the court and counsel as to the agenda 23 most suitable to dispose of this case. The trial date reserved is specifically reserved for this case. 24 If the parties determine at any time that the schedule outlined in this order cannot be met, counsel 25 are ordered to notify the court immediately of that fact so that adjustments may be made, either 26 by stipulation or by subsequent status conference. 27 Stipulations extending the deadlines contained herein will not be considered unless 28 they are accompanied by affidavits or declarations, and where appropriate attached 1 | exhibits, which establish good cause for granting the relief requested. The parties are 2 | advised that due to the impacted nature of civil cases on the district judges in the Eastern 3 | District of California, Fresno Division, that stipulations to continue set dates are disfavored 4 | and will not be granted absent good cause. 5 Lastly, should counsel or a party appearing pro se fail to comply with the directions 6 || as set forth above, an ex parte hearing may be held and contempt sanctions, including 7 || monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed 8 | and/or ordered. 9 10 IT IS SO ORDERED. □□ (Ee 11 | Dated: _October 1, 2024 _ UNITED STATES MAGISTRATE JUDGE

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