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

12 AARON DAVID MARKS, No. 2:24-cv-01815 WBS AC 13 Plaintiff, 14 v. 15 SAFETY HOLDINGS, INC., d/b/a SAMBASAFETY, 16 Defendant. 17 18 ----oo0oo---- 19 STATUS (PRETRIAL SCHEDULING) ORDER 20 After reviewing the parties’ Joint Status Report, the 21 court hereby vacates the Status (Pretrial Scheduling) Conference 22 scheduled for February 10, 2025, and makes the following findings 23 and orders without needing to consult with the parties any 24 further. 25 I. SERVICE OF PROCESS 26 The defendant has been served, and no further service 27 is permitted without leave of court, good cause having been shown 28 under Federal Rule of Civil Procedure 16(b). 1 II. JOINDER OF PARTIES/AMENDMENTS 2 No further joinder of parties or amendments to 3 pleadings will be permitted except with leave of court, good 4 cause having been shown under Federal Rule of Civil Procedure 5 16(b). See Johnson v. Mammoth Recreations, Inc.,

(9th Cir. 1992). 7 III. JURISDICTION/VENUE 8 There is federal question jurisdiction pursuant to 28

, because plaintiff asserts a claim under the Fair 10 Credit Reporting Act,

et seq. Venue is 11 undisputed and hereby found to be proper. 12 IV. DISCOVERY 13 The parties’ Joint Status Report represents that 14 plaintiff served the initial disclosures required by Federal Rule 15 of Civil Procedure 26(a)(1) on October 11, 2024. If defendant 16 has not yet served its initial disclosures, it shall do so on or 17 before March 10, 2025. 18 Plaintiff shall disclose experts and produce reports in 19 accordance with Federal Rule of Civil Procedure 26(a)(2) by no 20 later than June 2, 2025. Defendant shall disclose experts and 21 produce reports in accordance with Federal Rule of Civil 22 Procedure 26(a)(2) by no later than June 30, 2025. With regard 23 to expert testimony intended solely for rebuttal, those experts 24 shall be disclosed and reports produced by both parties in 25 accordance with Federal Rule of Civil Procedure 26(a)(2) on or 26 before July 28, 2025. 27 All discovery, including depositions for preservation 28 of testimony, is left open, save and except that it shall be so 1 conducted as to be completed by August 25, 2025. The word 2 “completed” means that all discovery shall have been conducted so 3 that all depositions have been taken and any disputes relevant to 4 discovery shall have been resolved by appropriate order if 5 necessary and, where discovery has been ordered, the order has 6 been obeyed. All motions to compel discovery must be noticed on 7 the magistrate judge’s calendar in accordance with the local 8 rules of this court and so that such motions may be heard (and 9 any resulting orders obeyed) not later than August 25, 2025. 10 V. MOTION HEARING SCHEDULE 11 All motions, except motions for continuances, temporary 12 restraining orders, or other emergency applications, shall be 13 filed on or before October 6, 2025. All motions shall be noticed 14 for the next available hearing date. Counsel are cautioned to 15 refer to the local rules regarding the requirements for noticing 16 and opposing such motions on the court’s regularly scheduled law 17 and motion calendar. 18 VI. FINAL PRETRIAL CONFERENCE 19 The Final Pretrial Conference is set for December 15, 20 2025, at 1:30 p.m. in Courtroom No. 5. The conference shall be 21 attended by at least one of the attorneys who will conduct the 22 trial for each of the parties and by any unrepresented parties. 23 Counsel for all parties are to be fully prepared for 24 trial at the time of the Pretrial Conference, with no matters 25 remaining to be accomplished except production of witnesses for 26 oral testimony. Counsel shall file separate pretrial statements, 27 and are referred to Local Rules 281 and 282 relating to the 28 contents of and time for filing those statements. In addition to 1 those subjects listed in Local Rule 281(b), the parties are to 2 provide the court with: (1) a plain, concise statement which 3 identifies every non-discovery motion which has been made to the 4 court, and its resolution; (2) a list of the remaining claims as 5 against each defendant; and (3) the estimated number of trial 6 days. 7 In providing the plain, concise statements of 8 undisputed facts and disputed factual issues contemplated by 9 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 10 that remain at issue, and any remaining affirmatively pled 11 defenses thereto. If the case is to be tried to a jury, the 12 parties shall also prepare a succinct statement of the case, 13 which is appropriate for the court to read to the jury. 14 VII. TRIAL SETTING 15 The jury trial is set for February 24, 2026 at 9:00 16 a.m. The parties estimate that the trial will last 2 to 3 days. 17 VIII. SETTLEMENT CONFERENCE 18 A Settlement Conference with a magistrate judge will be 19 set at the time of the Pretrial Conference. Counsel are 20 instructed to have a principal with full settlement authority 21 present at the Settlement Conference or to be fully authorized to 22 settle the matter on any terms. At least seven calendar days 23 before the Settlement Conference counsel for each party shall 24 submit a confidential Settlement Conference Statement for review 25 by the settlement judge. The Settlement Conference Statements 26 shall not be filed and will not otherwise be disclosed to the 27 trial judge. 28 eee ene nen OE EE OEE OSE EO) III ED EO

1 IX. MODIFICATIONS TO SCHEDULING ORDER 2 Any requests to modify the dates or terms of this 3 Scheduling Order, except requests to change the date of the 4 trial, may be heard and decided by the assigned Magistrate Judge. 5 All requests to change the trial date shall be heard and decided 6 only by the undersigned judge. 7 IT IS SO ORDERED. 8 Dated: January 29, 2025 be te . ak A 9 WILLIAM B. SHUBB 10 UNITED STATES DISTRICT JUDGE

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