Ramos v. Gonzalez

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA OSCAR RAMOS, Case No. 2:24-cv-01261-CSK 12 Plaintiff, PRETRIAL SCHEDULING ORDER AND ORDER DISMISSING DOE DEFENDANTS 13 v. LESA MARIE GONZALEZ, et al., 15 Defendants.

17 READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES THAT THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND PARTIES, INCLUDING THOSE PROCEEDING WITHOUT COUNSEL, MUST COMPLY.

20 FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER APPROPRIATE SANCTIONS.

22 On January 28, 2025, the Court conducted a status (pretrial scheduling) conference in this matter. At the status conference, attorney Richard Mac Bride appeared on behalf of Plaintiff, and attorney David Roth appeared on behalf of Defendants. After considering the parties’ joint status report (ECF No. 18), and the status conference held, the Court issues the following pretrial scheduling order.1 This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636(c) on the consent of all parties. (ECF Nos. 4, 15, 16.)

1 I. NATURE OF THE CASE 2 From the parties’ Joint Status Report (ECF No. 18 at 1): 3 Plaintiff’s Position: 4 Plaintiff’s Complaint alleges claims for: (1) Violation of the Americans with Disabilities Act of 1990; (2) Breach of Statutory Protections for Persons with Physical Disabilities; (3) Violation of California’s Civil Rights Act; and (4) Violation of California Unruh Civil Rights Act.

8 Defendants’ Position: 9 Defendants maintain that they acted reasonably and in good faith at all times.

10 II. SERVICE OF PROCESS, JOINDER OF PARTIES, PLEADINGS AMENDMENT 11 All named Defendants have been served and have answered the Complaint.

12 (ECF No. 18 at 1.) Plaintiff indicated that a motion to amend may be needed after the site inspection of the subject property was completed. (ECF No. 18 at 2.) At the scheduling conference, the parties informed the Court that the site inspection has been cancelled due to ongoing settlement discussions. No further service, joinder of parties, or amendments to pleadings is permitted except with leave of Court, and only after good cause is shown.

18 The Court notes fifty (50) Doe Defendants are named in the Complaint. (See ECF No. 1.) The inclusion of such “Doe” defendants is generally disfavored in the Ninth Circuit. Soo Park v. Thompson, 851 F.3d 910, 928 n.21 (9th Cir. 2017) (citing Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980)). In addition, in the parties’ Rule 26(f) report, Plaintiffs indicate that Defendants Lesa Marie Gonzalez, individually and dba Dave’s Giant Hamburger, Ellen Carol Gansberg are the only defendants, stating: “[a]ll Defendants have been served. There are no cross-defendants.” (ECF No. 18 at 1.)

25 Plaintiff also indicated joinder of additional parties was “[n]ot anticipated.” (Id. at 2.)

26 However, Plaintiff indicated that “[d]iscovery has not been conducted as to whether there are any other defendants who need to be named. This should be done within four months.” (Id. at 6.) At the scheduling conference, Plaintiff confirmed that dismissal of the Doe Defendants was appropriate. The Doe Defendants are hereby DISMISSED from this case, and should Plaintiffs wish to amend to add additional named defendants after discovering their identities, Plaintiffs may file a motion to amend and submit this motion for the Court’s review. No further service, joinder of parties, or amendments to pleadings is permitted except with leave of Court, and only after good cause is shown.

6 III. JURISDICTION/VENUE 7 The parties assert that the Court has subject matter jurisdiction (ECF No. 18 at 2), which is found to be proper. Venue is proper and undisputed. (Id.) IV. DISCOVERY DEADLINES AND PROCEDURES FOR DISCOVERY DISPUTES 10 A. Initial Disclosures 11 The parties indicate they have exchanged Rule 26 Initial Disclosures. (ECF No. No. 18 at 2-3.) At the scheduling conference, the parties confirmed initial disclosures have been exchanged.

14 B. Joint Mid-Discovery and Mediation Status Statement 15 By May 31, 2025, all parties shall file with the Court a Joint Mid-Discovery Statement summarizing the current status of discovery efforts. This statement shall include discovery completed to date and identification of issues, if any, preventing discovery from proceeding in a timely manner. The filing of this statement shall not relieve the parties or counsel of their obligations to meet and confer, comply with the deadlines set by the Court, and comply with the discovery procedures set by the Court.

21 C. Non-Expert Discovery 22 All non-expert discovery shall be completed by September 30, 2025. “Completed” means (1) all non-expert discovery shall have been conducted, including written discovery and depositions taken, and (2) any disputes related to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been complied with. Any discovery-related motions must conform / / / / / / to the requirements of the Federal Rules of Civil Procedure, this Court’s Local Rules,2 including Local Rule 251, and Judge Kim’s Civil Standing Orders.3 Judge Kim hears civil motions on Tuesdays at 10:00 a.m.

4 D. Expert Discovery 5 The parties shall disclose any expert witnesses in accordance with Federal Rule of Civil Procedure 26(a)(2) no later than October 15, 2025. Any rebuttal expert disclosures shall be made in accordance with Fed. R. Civ. P. 26(a)(2) no later than October 31, 2025. Expert disclosures shall be served upon all parties. All expert discovery shall be completed by November 14, 2025. “Completed” means (1) all expert discovery shall have been conducted, including depositions taken, and (2) any disputes related to expert discovery shall have been resolved by appropriate court order if necessary and, where discovery has been ordered, the order has been complied with.

13 The same procedures for discovery disputes applies to non-expert and expert discovery.

14 An expert witness not timely disclosed will not be permitted to testify unless the party offering the expert witness demonstrates that the failure was substantially justified or is harmless. See Fed. R. Civ. P. 37(c). Upon discovery of any such expert witness, the party offering the late disclosed expert witness must promptly notify all parties in writing, promptly make the expert witness available for deposition, and promptly notify the Court in a written filling. This filing must include the case deadlines for expert disclosures, expert discovery cut-off, dispositive motions, final pretrial conference, and trial. Failure to timely provide the information required by Fed. R. Civ. P. 26(a)(2) may lead to preclusion of the expert’s testimony or other appropriate sanctions. See Fed. R. Civ. P. 37(c).

2 The Local Rules of the United States District Court for the Eastern District of California are available on the district court’s website: https://www.caed.uscourts.gov/caednew/index.cfm/rules/local-rules/.

27 3 Judge Kim’s Civil Standing Orders are available on Judge Kim’s webpage on the district court’s website: https://www.caed.uscourts.gov/caednew/index.cfm/judges/all- judges/united-states-magistrate-judge-chi-soo-kim-csk/.

1 E. Discovery Disputes 2 Prior to filing any discovery-related motions, the parties are required to meet and confer in good faith in an attempt to resolve their discovery disputes informally and without Court intervention. Such meet and confer shall take place in person, by telephone, or by video. The mere exchange of letters or e-mails alone is not sufficient.

6 As part of their joint statement related to a discovery motion submitted pursuant to Local Rule 251, the parties shall also specifically outline: (a) what meet-and-confer efforts were taken, including when and where such discussions took place, who participated, how the parties’ disputes were narrowed as a result of such discussions; and (b) a summary of discovery completed to date. Failure to comply with these requirements may result in summary denial of any discovery motion.

12 The Court strongly encourages the use of informal telephonic discovery conferences with the Court in lieu of formal discovery motion practice. The procedures and conditions for requesting and conducting such an informal telephonic discovery conference are set forth in Judge Kim’s Civil Standing Orders. In addition, and subject to availability, the Court will rule on disputes encountered during oral depositions. If a dispute arises during the deposition, the parties may contact Judge Kim’s Courtroom Deputy at (916) 930-4187 to inquire regarding Judge Kim’s availability. However, the parties are cautioned that these informal procedures are not to be abused, and the Court may impose appropriate sanctions.

21 V. MOTIONS 22 All pretrial law and motion, including motions for summary judgment under Fed. R. Civ. P. 56, shall be filed by December 16, 2025 and heard by January 20, 2026.4 24 Dispositive motions must be filed following the procedures of Local Rules 230 and 260, and Judge Kim’s Civil Standing Orders. Counsel and parties proceeding without Pursuant to Local Rule 230(b), a motion set for hearing on January 20, 2026 must be filed by December 16, 2025, which is 35 days before the hearing date. Please note that Judge Kim has a separate schedule for cross motions for summary judgment, which is set out in her Civil Standing Orders.

1 counsel should pay particular attention to the rules for Statements of Undisputed Facts for motions for summary judgment, cross motions for summary judgment, and general brief requirements in the Local Rules and Judge Kim’s Civil Standing Orders. If both Plaintiff and Defendant intend to file motions for summary judgment, the parties must follow the schedule and requirements set out in Judge Kim’s Civil Standing Orders for cross motions for summary judgment.5 Judge Kim generally hears civil motions on Tuesdays at 10:00 a.m. This paragraph does not apply to motions for continuances, motions in limine related to trial, temporary restraining orders, or other emergency applications, for which the Court may set a special briefing schedule, if necessary or appropriate.

11 All purely legal issues are to be resolved by timely pretrial motion. The purpose of law and motion is to narrow and refine the legal issues raised by the case, as well as to dispose of those issues that can be resolved by pretrial motion. Motions in limine should address trial-related issues, such as the admissibility of evidence. The Court will look with disfavor upon dispositive motions or other substantive legal motions presented as motions in limine at the time of trial.

17 VI. SETTLEMENT CONFERENCE 18 At the scheduling conference, the parties indicated they have begun settlement discussions to resolve this action and are not requesting a settlement conference with a magistrate judge at this time. If the parties want to conduct a settlement conference with a magistrate judge, they are to contact the undersigned’s courtroom deputy at (916) 930- 4187 or [email protected], to inquire as to the availability of another magistrate judge for a settlement conference. Parties should communicate the specific time frame when they would like the settlement conference held.

25 / / / 5 Pursuant to Judge Kim’s Civil Standing Orders, if both Plaintiff and Defendant intend to file motions for summary judgment, Plaintiff’s opening summary judgment motion must be filed by December 2, 2025.

1 VII. FINAL PRETRIAL CONFERENCE AND TRIAL 2 The final pretrial conference is set for March 10, 2026 at 10:00 a.m. and trial is set for April 6, 2026 at 9:30 a.m. in in Courtroom No. 25 before United States Magistrate Judge Chi Soo Kim. Trial counsel must appear at the final pretrial conference. At the final pretrial conference, the Court will set the deadlines for other trial-related deadlines, including the submission of exhibits and filing of findings of fact and conclusions of law.

7 A. Meet and Confer 8 At least 28 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to the following subjects: (1) settlement of the case; (2) preparation of the joint pretrial filings; and (3) clarifying and narrowing the contested issues for trial. Counsel in close geographical proximity are encouraged to meet in person.

13 B. Joint Pretrial Statement 14 The parties shall file a joint pretrial statement pursuant to Local Rule 281(a)(2).

15 The joint pretrial statement must be filed no later than twenty-one (21) days before the date set for the final pretrial conference and must also be emailed as a Word document to [email protected]. Separate pretrial statements are not permitted unless a party is not represented by counsel.

19 The pretrial statement must cover all topics identified in Local Rule 281 with the following additions and clarifications: 21 1. Statement of the Case: A concise, joint statement of the case must be 22 included.

23 2. Trial Length Estimate: An estimate of the length of trial must also be 24 included. Unless otherwise ordered, trial hours will be from 9:30 a.m. to 25 4:30 p.m., Monday through Friday.

26 3. Procedural Status: A concise summary of the procedural status of the 27 case must be included, including the disposition of any motions and 28 whether any motions are still pending.

1 4. Factual Issues: The undisputed facts and disputed factual issues shall be 2 set forth in separate sections of the pretrial statement. Each fact or factual 3 issue should be numbered. For disputed factual issues, identify the cause 4 of action or defense to which the factual issue is related.

5 5. Points of Law: In the points of law section of the pretrial statement, include 6 the elements for each cause of action and each defense, with citation to 7 the relevant legal authority.

8 6. Motions In Limine: The parties shall also identify the motions in limine 9 each party reasonably anticipates filing.

10 7. Witness Lists: Each party’s witness list must be submitted as a separate 11 attachment to the pretrial statement, and labeled as such. The witness list 12 must include the witness’s name; the witness’s title or position; whether the 13 testimony is offered in-person or by deposition; whether the witness is 14 designated as an expert; and a concise statement of the anticipated 15 subjects of testimony. Pursuant to Local Rule 281, only individuals on the 16 witness list submitted with the pretrial statement will be permitted to testify 17 at trial, except as may be otherwise provided in the pretrial order. The 18 witness’s address does not need to be included.

19 8. Exhibit Lists: Each party’s exhibit list must be submitted as a separate 20 attachment to the pretrial statement, and labeled as such. Plaintiff’s 21 exhibits shall be listed numerically; Defendant’s exhibits shall be listed 22 alphabetically. All exhibits must be individually identified with specificity, 23 including a reasonable amount of detail such that other parties can identify 24 each exhibit, including exhibit name/title, document/file date, bates 25 numbers, and a concise description of the exhibit. Groups or categories of 26 documents/records may not be listed as a single exhibit (e.g., it is improper 27 to list “Initial Disclosure Documents,” “Cell phone records,” etc. as a single 28 exhibit). Pursuant to Local Rule 281, only exhibits on the exhibit list 1 submitted with the pretrial statement will be permitted to be offered at trial, 2 except as may be otherwise provided in the pretrial order. The parties are 3 instructed to refer to and follow the Court’s Jury Trial Procedures available 4 on Judge Kim’s webpage on the district court’s website: 5 https://www.caed.uscourts.gov/caednew/index.cfm/judges/all- 6 judges/united-states-magistrate-judge-chi-soo-kim-csk/. This document 7 includes important instructions and requirements for exhibit lists.

8 9. Further Discovery or Motions: Inclusion of a section regarding further 9 discovery or motions in the pretrial statement pursuant to Local Rule 10 218(b)(13) will not be interpreted as a motion to request further discovery, 11 a request to modify the scheduling order or any other order issued for this 12 case, or as an actual motion or request. The parties must continue to follow 13 the scheduling order(s) for this case, the Local Rules, and the Court’s 14 standing orders to request further discovery or a modification of the 15 scheduling order(s).

16 C. Motions In Limine 17 Motions in limine shall be filed by the close of business fourteen (14) days before the date set for the final pretrial conference. Any opposition shall be filed by the close of business seven (7) days before the date set for the final pretrial conference. No replies shall be filed.

21 Briefing for motions in limine shall be limited to 25 pages total for each side. Each motion in limine should be numbered and clearly identified. For example, “Plaintiffs’ Motion in Limine No. 1 Re: [subject].” The brief shall include a table of contents at the beginning that lists each motion in limine and the page number on which the motion begins.

26 Briefing for oppositions/ responses to motions in limine shall also be limited to 25 pages total for each side. Each opposition/ response should be numbered and clearly identified. For example, “Defendants’ Opposition to Plaintiffs’ Motion in Limine No. 1 Re: [subject].” The brief shall also include a table of contents at the beginning that lists each motion in limine opposition/ response and the page number on which the opposition/ response begins.

4 The parties should be prepared to argue their motions in limine at the final pretrial conference. The Court will endeavor to rule on motions in limine before trial begins to assist the parties in their trial preparations.

7 D. No Proposed Voir Dire, Jury Instructions, and Verdict Forms 8 Because this case will be tried to the bench, proposed voir dire questions, jury instructions, and verdict forms should not be submitted.

10 E. Trial Briefs 11 Parties are not required to file trial briefs. If a party chooses to file a trial brief, it shall not be longer than five pages and shall be filed no later than by the close of business fourteen (14) days before the date set for the final pretrial conference. Trial briefs shall not duplicate the contents of the joint pretrial statement and proposed order.

15 F. Courtesy Copies 16 Two binders containing courtesy copies of the Joint Pretrial Statement, witness lists, exhibit lists, proposed voir dire questions, proposed joint jury instructions, proposed joint verdict forms, motions in limine, and optional trial briefs must be delivered to the Clerk’s office by noon thirteen (13) days before the date set for the final pretrial conference. This is the day after the filing deadline for the proposed voir dire questions, proposed jury instructions, proposed verdict forms, motions in limine, and optional trial briefs. Parties should coordinate so that only two courtesy copies are submitted, rather than submitting separate courtesy copies from each party. Parties do not need to provide courtesy copies of the motion in limine oppositions.

25 All courtesy copies must be double-sided, three-hole punched at the left margin, and marked with the ECF stamp (case number, document number, date, and page number) on the top of each page. These binders shall include labeled side tabs, and be clearly marked “Chambers Copy – Do Not File” with Judge Kim’s name, the case number, and the case name.

2 G. Trial 3 A bench trial is set for April 6, 2026 at 9:30 a.m., in Courtroom No. 25. The parties estimate 3-5 days for trial. (ECF No. 18 at 5-6.)

5 VIII. SCHEDULE SUMMARY Event Deadline 7 Initial Disclosure Exchange Parties have exchanged by agreement.

Joint Mid-Discovery and Mediation May 31, 2025 9 Status Report 10 Non-Expert Discovery Completion September 30, 2025 Expert Disclosures October 15, 2025 Rebuttal Expert Disclosures October 31, 2025 Expert Discovery Completion November 14, 2025 13 If cross-motions for summary December 2, 2025 judgment,6 Plaintiff’s Summary Judgment Motion Filed By 15 If no cross-motions for summary December 16, 2025 judgment, Dispositive Motion Filed By 17 Dispositive Motions Heard By January 20, 2026 18 Joint Pretrial Statement Filed By 21 days before the FPTC 19 Motions In Limine Filed By 14 days before the FPTC Final Pretrial Conference (“FPTC”) March 10, 2026 and Motions In Limine Hearing 21 Bench Trial (3-5 days) April 6, 2026 IX. MODIFICATIONS OF THIS SCHEDULING ORDER 24 This case schedule will become final without further order of the Court unless written objections are filed within fourteen (14) days of the entry of this order. The parties 6 If both Plaintiff and Defendant intend to file motions for summary judgment, the parties must follow the schedule set out in Judge Kim’s Civil Standing Orders for cross-motions for summary judgment.

1 || are reminded that pursuant to Federal Rule of Civil Procedure 16(b)(4), this order shall || not be modified except by leave of Court upon a showing of “good cause.” See Johnson || v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). Agreement by the parties | pursuant to a stipulation does not constitute good cause. Nor does the unavailability of | witnesses or counsel, except in extraordinary circumstances, constitute good cause.

6 | Requests or stipulations to continue dispositive motion deadlines, the final pretrial || conference, or trial dates must establish good cause and are not granted lightly.

8 Any request or stipulation to modify this scheduling order must set forth the | following: 10 1. the existing due date or hearing date as well as the discovery cutoff date, the last 11 date for hearing motions, the final pretrial conference date, and the trial date; 12 2. whether there have been prior requests for extensions, and whether these were 13 granted or denied by the Court; and 14 3. specific, concrete reasons supporting good cause for granting the extension. For 15 example, if the reason for the requested extension is that it “will promote 16 settlement,” the requesting party or parties must indicate the status of negotiation 17 efforts (e.g., whether a mediator has been selected, a mediation has been 18 scheduled, etc.).

20 Dated: January 29, 2025 C (yi S$ CHI SOO KIM UNITED STATES MAGISTRATE JUDGE 53 4, ramo1261.14