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

12 YAROSLAV KONTSEMAL, No. 2:24-cv-02426 WBS CKD 13 Plaintiff, 14 v. 15 MERCEDES-BENZ USA, LLC, a Delaware Limited Liability 16 Company; and DOES 1 to 10, inclusive, 17 Defendants. 18 19 ----oo0oo---- 20 STATUS (PRETRIAL SCHEDULING) ORDER 21 After reviewing the parties’ Joint Status Report, the 22 court hereby vacates the Status (Pretrial Scheduling) Conference 23 scheduled for January 27, 2025, and makes the following findings 24 and orders without needing to consult with the parties any 25 further. 26 I. SERVICE OF PROCESS 27 All defendants have been served, and no further service 28 is permitted without leave of court, good cause having been shown 1 under Federal Rule of Civil Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). See Johnson v. Mammoth Recreations, Inc.,

(9th Cir. 1992). 8 III. JURISDICTION/VENUE 9 Jurisdiction in this breach of warranty action under 10 the Song-Beverly Act is predicated upon

, because 11 the parties are of diverse citizenship and the amount in 12 controversy exceeds $75,000. Venue is undisputed and hereby 13 found to be proper. 14 IV. DISCOVERY 15 The parties agree to serve the initial disclosures 16 required by Federal Rule of Civil Procedure 26(a)(1) on or before 17 February 13, 2025. 18 The parties shall disclose experts and produce reports 19 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 20 later than October 17, 2025. With regard to expert testimony 21 intended solely for rebuttal, those experts shall be disclosed 22 and reports produced in accordance with Federal Rule of Civil 23 Procedure 26(a)(2) on or before November 14, 2025. 24 All discovery, including depositions for preservation 25 of testimony, is left open, save and except that it shall be so 26 conducted as to be completed by December 19, 2025. The word 27 “completed” means that all discovery shall have been conducted so 28 that all depositions have been taken and any disputes relevant to 1 discovery shall have been resolved by appropriate order if 2 necessary and, where discovery has been ordered, the order has 3 been obeyed. All motions to compel discovery must be noticed on 4 the magistrate judge’s calendar in accordance with the local 5 rules of this court and so that such motions may be heard (and 6 any resulting orders obeyed) not later than December 19, 2025. 7 V. MOTION HEARING SCHEDULE 8 All motions, except motions for continuances, temporary 9 restraining orders, or other emergency applications, shall be 10 filed on or before January 23, 2026. All motions shall be 11 noticed for the next available hearing date. Counsel are 12 cautioned to refer to the local rules regarding the requirements 13 for noticing and opposing such motions on the court’s regularly 14 scheduled law and motion calendar. 15 VI. FINAL PRETRIAL CONFERENCE 16 The Final Pretrial Conference is set for April 6, 2026, 17 at 1:30 p.m. in Courtroom No. 5. The conference shall be 18 attended by at least one of the attorneys who will conduct the 19 trial for each of the parties and by any unrepresented parties. 20 Counsel for all parties are to be fully prepared for 21 trial at the time of the Pretrial Conference, with no matters 22 remaining to be accomplished except production of witnesses for 23 oral testimony. Counsel shall file separate pretrial statements, 24 and are referred to Local Rules 281 and 282 relating to the 25 contents of and time for filing those statements. In addition to 26 those subjects listed in Local Rule 281(b), the parties are to 27 provide the court with: (1) a plain, concise statement which 28 identifies every non-discovery motion which has been made to the 1 court, and its resolution; (2) a list of the remaining claims as 2 against each defendant; and (3) the estimated number of trial 3 days. 4 In providing the plain, concise statements of 5 undisputed facts and disputed factual issues contemplated by 6 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 7 that remain at issue, and any remaining affirmatively pled 8 defenses thereto. If the case is to be tried to a jury, the 9 parties shall also prepare a succinct statement of the case, 10 which is appropriate for the court to read to the jury. 11 VII. TRIAL SETTING 12 The jury trial is set for June 9, 2026 at 9:00 a.m. 13 The parties estimate that the trial will last 4 to 5 days. 14 VIII. SETTLEMENT CONFERENCE 15 The parties requested that a Settlement Conference with 16 a magistrate judge be scheduled following the close of discovery. 17 It is this court’s typical practice to set a Settlement 18 Conference at the time of the Pretrial Conference. If the 19 parties wish to schedule a Settlement Conference sooner, they 20 should file a stipulation to that effect. If the parties do not 21 request a Settlement Conference prior to the Pretrial Conference, 22 one will be set at the time of the Pretrial Conference. 23 Counsel are instructed to have a principal with full 24 settlement authority present at the Settlement Conference or to 25 be fully authorized to settle the matter on any terms. At least 26 seven calendar days before the Settlement Conference counsel for 27 each party shall submit a confidential Settlement Conference 28 Statement for review by the settlement judge. The Settlement ee I IIE EIEIO IIE INE SUE IIE SEO EE

1 Conference Statements shall not be filed and will not otherwise 2 be disclosed to the trial judge. 3 IX. MODIFICATIONS TO SCHEDULING ORDER 4 Any requests to modify the dates or terms of this 5 Scheduling Order, except requests to change the date of the 6 trial, may be heard and decided by the assigned Magistrate Judge. 7 All requests to change the trial date shall be heard and decided 8 only by the undersigned judge. 9 IT IS SO ORDERED. 10 | Dated: January 16, 2025 tleom ah. A. be—~ 11 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28