1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11

12 VICTORIA M. KRESHA and No. 2:23-cv-01182 WBS JDP JEFFERY B. KRESHA, 13 Plaintiff, 14 v. 15 TRANSWORLD SYSTEMS, INC, a 16 California corporation; PATENAUDE & FELIX, A.P.C, a 17 California corporation; and DOES 1 through 10, inclusive, 18 Defendants. 19

20 ----oo0oo---- 21 STATUS (PRETRIAL SCHEDULING) ORDER 22 After reviewing the parties’ Joint Status Report, the 23 court hereby vacates the Status (Pretrial Scheduling) Conference 24 scheduled for January 29, 2024, and makes the following findings 25 and orders without needing to consult with the parties any 26 further. 27 I. SERVICE OF PROCESS 28 1 All defendants have been served, and no further service 2 is permitted without leave of court, good cause having been shown 3 under Federal Rule of Civil Procedure 16(b). 4 II. JOINDER OF PARTIES/AMENDMENTS 5 No further joinder of parties or amendments to 6 pleadings will be permitted except with leave of court, good 7 cause having been shown under Federal Rule of Civil Procedure 8 16(b). See Johnson v. Mammoth Recreations, Inc.,

(9th Cir. 1992). 10 III. JURISDICTION/VENUE 11 Jurisdiction in this putative consumer class action is 12 predicated upon

, because there is a federal 13 question under the Fair Debt Collection Practices Act, 15 U.S.C. 14 § 1692; and

, because the state claims under the 15 California Civil Code form part of the same case or controversy. 16 IV. DISCOVERY 17 The parties agreed to serve the initial disclosures 18 required by Federal Rule of Civil Procedure 26(a)(1) on or before 19 January 18, 2024. 20 The parties shall disclose experts and produce reports 21 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 22 later than October 25, 2024. With regard to expert testimony 23 intended solely for rebuttal, those experts shall be disclosed 24 and reports produced in accordance with Federal Rule of Civil 25 Procedure 26(a)(2) on or before November 22, 2024. 26 All discovery, including depositions for preservation 27 of testimony, is left open, save and except that it shall be so 28 conducted as to be completed by December 20, 2024. The word 1 “completed” means that all discovery shall have been conducted so 2 that all depositions have been taken and any disputes relevant to 3 discovery shall have been resolved by appropriate order if 4 necessary and, where discovery has been ordered, the order has 5 been obeyed. All motions to compel discovery must be noticed on 6 the magistrate judge’s calendar in accordance with the local 7 rules of this court and so that such motions may be heard (and 8 any resulting orders obeyed) not later than December 20, 2024. 9 V. MOTION HEARING SCHEDULE 10 All motions, except motions for continuances, temporary 11 restraining orders, or other emergency applications, shall be 12 filed on or before February 28, 2025. All motions shall be 13 noticed for the next available hearing date. Counsel are 14 cautioned to refer to the local rules regarding the requirements 15 for noticing and opposing such motions on the court’s regularly 16 scheduled law and motion calendar. 17 VI. FINAL PRETRIAL CONFERENCE 18 The Final Pretrial Conference is set for May 19, 2025, 19 at 1:30 p.m. in Courtroom No. 5. The conference shall be 20 attended by at least one of the attorneys who will conduct the 21 trial for each of the parties and by any unrepresented parties. 22 Counsel for all parties are to be fully prepared for 23 trial at the time of the Pretrial Conference, with no matters 24 remaining to be accomplished except production of witnesses for 25 oral testimony. Counsel shall file separate pretrial statements, 26 and are referred to Local Rules 281 and 282 relating to the 27 contents of and time for filing those statements. In addition to 28 those subjects listed in Local Rule 281(b), the parties are to 1 provide the court with: (1) a plain, concise statement which 2 identifies every non-discovery motion which has been made to the 3 court, and its resolution; (2) a list of the remaining claims as 4 against each defendant; and (3) the estimated number of trial 5 days. 6 In providing the plain, concise statements of 7 undisputed facts and disputed factual issues contemplated by 8 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 9 that remain at issue, and any remaining affirmatively pled 10 defenses thereto. If the case is to be tried to a jury, the 11 parties shall also prepare a succinct statement of the case, 12 which is appropriate for the court to read to the jury. 13 VII. TRIAL SETTING 14 The jury trial is set for July 15, 2025 at 9:00 a.m. 15 The parties estimate that the trial will last three days. 16 VIII. SETTLEMENT CONFERENCE 17 A Settlement Conference with a magistrate judge will be 18 set at the time of the Pretrial Conference. Counsel are 19 instructed to have a principal with full settlement authority 20 present at the Settlement Conference or to be fully authorized to 21 settle the matter on any terms. At least seven calendar days 22 before the Settlement Conference counsel for each party shall 23 submit a confidential Settlement Conference Statement for review 24 by the settlement judge. The Settlement Conference Statements 25 shall not be filed and will not otherwise be disclosed to the 26 trial judge. 27 IX. MODIFICATIONS TO SCHEDULING ORDER 28 Any requests to modify the dates or terms of this nen ee enn mene nnn nn nnn ne en nnn on en OE OD NE

1 Scheduling Order, except requests to change the date of the 2 trial, may be heard and decided by the assigned Magistrate Judge. 3 | All requests to change the trial date shall be heard and decided 4 only by the undersigned judge. 5 IT IS SO ORDERED. 6 || Dated: January 24, 2024 th dé. be-— 7 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28