1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PRIME INSURANCE COMPANY, No. 2:24-cv-02492-DAD-CSK 12 Plaintiff, 13 v. SCHEDULING ORDER 14 TOURISMO EXPRESS, INC., et al., 15 Defendants. 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. 18) 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 January 28, 2025 and hereby issues this 22 scheduling order. 23 I. SERVICE OF PROCESS 24 Named defendants Tourismo Express, Inc., Maria Guadalupe Rodrigues Calvillo, Andres 25 Mendez Rodriguez, Santiago Mendez Rodriguez, Diego Mendez Rodriguez, Jose Omar Molina 26 Amavizca, Pascual Ventura Flores, Mauro Diaz Santillan, Jose Luis Navarro Ayala, Miguel A. 27 Mendez Navarro, Roberto Felipe Nevarez Ortega, Jairo Gurrola Gurrola, Alejandro Morales 28 Hernandez, and Edgar Gerardo Gambino Reyes have been served as required by Federal Rule of 1 Civil Procedure 5. Plaintiff intends to dismiss without prejudice unserved defendants Jose 2 Sanchez Del Valle, Roberto Moto Arceo, Carlos Jesus Arinaga Ramirez, Jose Marchan Torres, 3 Erick Villalobos, Alberto Morales Pena, Jaime Lopez Calixto, and Roberto Orozco Gonzales. 4 (Doc. No. 18 at 3.) 5 No further service is permitted without leave of court, good cause having been shown 6 under Federal Rule of Civil Procedure 16(b). 7 II. JOINDER OF ADDITIONAL PARTIES / AMENDMENT OF PLEADINGS 8 The parties do not anticipate the joinder of additional parties. Plaintiff does not anticipate 9 further amendments to the pleadings. Defendants anticipate filing an amended answer. (Doc. 10 No. 18 at 3.) 11 No further joinder of parties or amendments to pleadings is permitted without leave of 12 court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth 13 Recreations, Inc.,

(9th Cir. 1992). The parties are advised that the filing of 14 motions and/or stipulations requesting leave to amend the pleadings does not imply good cause to 15 modify the existing schedule. Fed. R. Civ. P. 16 (b)(4); see also Johnson,

. 16 Moreover, any amendment requested under Federal Rule of Civil Procedure 15(a) must not be: 17 (1) prejudicial to the opposing party; (2) the product of undue delay; (3) proposed in bad faith; or 18 (4) futile. See Foman v. Davis,

(1962). 19 III. DISCOVERY PROCEDURES 20 Discovery matters that do not implicate the schedule of the case or that do not relate to 21 sealing or redaction of documents related to dispositive motions are referred to the assigned 22 United States Magistrate Judge, who will hear all discovery disputes subject to his or her 23 procedures. (The assigned magistrate judge’s initials follow the district judge’s initials next to the 24 case number.) All discovery documents must include the words “DISCOVERY MATTER” in 25 the caption to ensure proper routing. Do not direct delivery of courtesy copies of these 26 documents to the district judge. Counsel are directed to contact the magistrate judge’s courtroom 27 deputy clerk to schedule discovery matters for hearing. 28 ///// 1 All motions to compel discovery must be noticed on the assigned magistrate judge’s 2 calendar in accordance with the local rules of this court and the magistrate judge’s own 3 procedures. The written ruling of the assigned magistrate judge shall be final, subject to 4 modification by the district court only where it has been shown that the magistrate judge’s order 5 is clearly erroneous or contrary to law. See

(b)(1)(A). Pursuant to Local Rule 6 303, any party may file and serve a “Request for Reconsideration by the District Court of 7 Magistrate Judge’s Ruling.” See L.R. 303(c). The requesting party must file and serve any such 8 request within fourteen (14) days of service of a written ruling. L.R. 303(b). The request must 9 specify which portions of the ruling are clearly erroneous or contrary to law and the basis for that 10 contention with supporting points and authorities. L.R. 303(c). 11 In addition, the assigned magistrate judge reviews proposed discovery phase protective 12 orders sought by the parties pursuant to Local Rule 141.1. However, requests to seal or redact in 13 connection with dispositive motions or trial are decided by Judge Drozd and any such requests 14 must comply with Judge Drozd’s Standing Order and Local Rules 140 and 141. 15 IV. DISCOVERY DEADLINES 16 A. Rule 26(a) Initial Disclosures 17 The parties shall serve their initial disclosures pursuant to Federal Rule of Civil Procedure 18 Rule 26(a)(1) no later than February 27, 2025, which is a date proposed by plaintiff. (Doc. No. 19 18 at 4.) 20 Any parties served or joined after the issuance of this scheduling order shall “make the 21 initial disclosures within 30 days after being served or joined,” as provided by Rule 26(a)(1)(D). 22 B. Fact Discovery 23 All fact discovery shall be completed1 no later than December 1, 2025. 24 1 As used herein, the word “completed” means that all discovery shall have been conducted so 25 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 26 been obeyed. The parties are advised that motions to compel must be filed in advance of the 27 discovery completion deadlines so that the court may grant effective relief within the allotted discovery time. A party’s failure to have a discovery dispute heard sufficiently in advance of the 28 discovery cutoff may result in denial of the motion as untimely. 1 The parties do not propose any limitations or changes to the governing provisions of the 2 Federal Rules of Civil Procedure. 3 C. Expert Discovery 4 Disclosures of expert witnesses, if any, must be made pursuant to Federal Rule of Civil 5 Procedure 26(a)(2)(A), (B) and (C), and shall include all information required thereunder. Each 6 expert witness must be fully prepared to be examined on all subjects and opinions included in the 7 disclosures. Failure to comply with these requirements may result in the imposition of 8 appropriate sanctions, including the preclusion of the expert’s testimony, or of other evidence 9 offered through the expert. 10 The parties shall disclose initial experts and produce reports in accordance with Federal 11 Rule of Civil Procedure 26(a)(2) by no later than January 2, 2026. With regard to expert 12 testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in 13 accordance with Federal Rule of Civil Procedure 26(a)(2) on or before February 2, 2026. 14 All expert discovery shall be completed no later than March 4, 2026. 15 V. MOTIONS 16 All motions, except motions for continuances, temporary restraining orders, or other 17 emergency applications, shall be filed on or before April 20, 2026 shall be noticed for hearing 18 before Judge Drozd on a date not more than 60 days from the date the motion is filed and on a 19 date that is consistent with Judge Drozd’s Standing Order. Counsel are directed to refer to the 20 local rules regarding the requirements for noticing and opposing such motions on the court’s 21 regularly scheduled law and motion calendar. 22 Prior to filing a motion for summary judgment or motion for partial summary judgment 23 (summary adjudication), the parties are ordered to meet and confer, in person or by telephone, to 24 discuss the issues to be raised in the motion. In addition to complying with the requirements 25 of Local Rule 260, the parties must prepare a Joint Statement of Undisputed Facts, which 26 identifies all relevant facts subject to agreement by all parties. The moving party is 27 responsible for filing the joint statement concurrently with the motion. In the notice of motion, 28 ///// 1 the moving party shall certify that the parties have met and conferred as ordered above or provide 2 a statement of good cause for the failure to do so. 3 VI. SETTLEMENT CONFERENCE 4 The undersigned requires parties to participate in a court-supervised settlement conference 5 with a settlement judge before the action may proceed to trial. A settlement conference has not 6 been set at this time. At any time before the final pretrial conference, the parties may file a joint 7 request that this action be referred to a settlement judge for the setting of a settlement conference. 8 If the parties have not participated in a court-supervised settlement conference by the time of the 9 final pretrial conference, the court will refer the action at that time to the assigned magistrate 10 judge for the setting of a settlement conference. The parties shall contact the designated 11 settlement conference judge’s chambers to ascertain that judge’s settlement conference 12 procedures, including the procedure for submitting confidential settlement statements, which shall 13 not be filed and will not otherwise be disclosed to the trial judge. 14 Unless otherwise permitted in advance by the court, the attorneys who will try the case 15 shall appear at the settlement conference. Pertinent evidence to be offered at trial, documents or 16 otherwise, should be brought to the settlement conference for presentation to the settlement judge. 17 Of course, neither the settlement conference statements nor communications during the settlement 18 conference with the settlement judge can be used by either party in the trial of this case. 19 Absent permission from the court, in addition to counsel who will try the case being 20 present, the individual parties shall also be present, and in the case of corporate parties, 21 associations or other entities, and insurance carriers, a representative executive with unrestricted 22 authority to discuss, consider, propose and agree, or disagree, to any settlement proposal or offer 23 shall also be present. If for any reason the representative with unlimited authority cannot attend, 24 such a person must be available by phone or video throughout the conference. In other words, 25 having settlement authority “up to a certain amount” is not acceptable. 26 VII. FINAL PRETRIAL CONFERENCE 27 The final pretrial conference is set for September 28, 2026 at 1:30 p.m. before District 28 Court Judge Dale A. Drozd by Zoom. Parties will receive a Zoom ID number and password for 1 the final pretrial conference by email from Judge Drozd’s Courtroom Deputy Pete Buzo 2 ([email protected]). Any other interested parties or members of the public may access 3 the conference telephonically by dialing 888−557−8511 and using access code 9683466, at the 4 time of the conference. Because several matters may be set for the same afternoon, the parties 5 will be notified in advance of the conference at what specific time the court anticipates calling 6 their case so they can join the Zoom at that time. 7 The parties are directed to file a joint pretrial statement, carefully prepared and executed 8 by all counsel, that complies with the requirements of this Local Rule 281 and Judge Drozd’s 9 Standing Order. Counsel shall also email a copy of the joint pretrial statement in Word format to 10 Judge Drozd’s chambers at [email protected]. 11 The parties’ attention is directed to Local Rules 281 and 282. This court will insist upon 12 strict compliance with these rules. At the pretrial conference, the court will set deadlines to file 13 trial documents, including motions in limine, trial briefs, and proposed jury voir dire, instructions, 14 and verdict forms (where applicable). 15 VIII. JURY TRIAL 16 A jury trial is set for December 1, 2026 at 9:00 a.m. in Courtroom 4 before District Court 17 Judge Dale A. Drozd. Trial is anticipated to last 2–6 court days. 18 IX. REQUEST FOR BIFURCATION, APPOINTMENT OF SPECIAL MASTER, OR 19 OTHER TECHNIQUES TO SHORTEN TRIAL 20 The parties have not made any such requests at this time and do not anticipate any such 21 requests. 22 X. RELATED MATTERS PENDING 23 The parties have not alerted the court to any related litigation. 24 XI. OBJECTIONS AND MODIFICATIONS TO THE SCHEDULING ORDER 25 This case schedule will become final without further order of the court unless 26 objections are filed within fourteen (14) days of the entry of this order. The schedule, once 27 final, shall not be modified except by leave of court upon showing of good cause. The assigned 28 ///// 1 | magistrate judge is authorized to modify only the discovery dates to the extent any such 2 | modification does not impact the balance of the schedule of the case. 3 The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil 4 | Procedure, no stipulations extending scheduling requirements or modifying applicable rules are 5 | effective until and unless the court approves them. Agreement of the parties by stipulation alone 6 | does not constitute good cause. Any request or stipulation to modify this scheduling order must 7 | set forth: 8 (1) the existing due date or hearing date as well as the discovery cutoff date, the last 9 date for hearing motions, the final pretrial conference date, and the trial date; 10 (2) whether there have been prior requests for extensions, and whether these were 11 granted or denied by the court; and 12 (3) specific, concrete reasons supporting good cause for granting of the extension. For 13 example, if the reason for the requested extension is that it “will promote 14 settlement,” the requesting party or parties must indicate the status of ongoing 15 negotiations, 1.e., have written proposals been exchanged; is counsel in the process 16 of reviewing a draft settlement agreement; has a mediator been selected. 17 IT IS SO ORDERED. ' | pated: _ January 15,2025 Dae A. 2, 19 DALE A. DROZD 30 UNITED STATES DISTRICT JUDGE

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