1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LYNETTE BREGANTE, Case No. 2:24-cv-02873-CSK 12 Plaintiff, PRETRIAL SCHEDULING ORDER AND ORDER DISMISSING DOE DEFENDANTS 13 v. 14 COMMUNITY PSYCHIATRY MANAGEMENT, LLC, et al., 15 Defendants. 16

17 18 READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES THAT 19 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND 20 PARTIES, INCLUDING THOSE PROCEEDING WITHOUT COUNSEL, MUST COMPLY. 21 FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN THE 22 IMPOSITION OF MONETARY AND ALL OTHER APPROPRIATE SANCTIONS. 23 On February 4, 2025, the Court conducted an initial pretrial scheduling 24 conference in this matter.1 At the scheduling conference, attorney Joshua H. Watson 25 appeared in person on behalf of Plaintiff, and attorney Samuel J. Maselli appeared by 26 telephone on behalf of Defendants. After considering the parties’ joint status report (ECF 27 1 This matter proceeds before the undersigned pursuant to

(c) on the 28 consent of all parties. (ECF Nos. 5, 6, 8.) 1 No. 11) and the status conference held, the Court issues the following pretrial scheduling 2 order. 3 I. NATURE OF THE CASE 4 The following summary of the case is based on the parties’ Joint Status Report. 5 See Joint Status Report at 2-5 (ECF No. 11). Plaintiff Lynette Bregante is a paralegal 6 who was employed in the in-house legal compliant department of Defendant Community 7 Psychiatry Management, LLC, doing business as Mindpath Health (“Mindpath Health”). 8 Plaintiff began her employment on or around July 8, 2019, was classified as an exempt 9 employee, and was paid a salary. Plaintiff was terminated effective October 15, 2024. 10 Plaintiff asserts twelve (12) claims, including wage and hour, age discrimination, 11 retaliation, unfair competition, and breach of contract claims against her former employer 12 and two individuals, Defendants Chief Legal Officer Victoria Labriola and Senior Counsel 13 Alexandra Wittmann. 14 II. SERVICE OF PROCESS, JOINDER OF PARTIES, PLEADINGS AMENDMENT 15 All named Defendants have been served and have answered the Complaint. 16 (ECF No. 11 at 2.) No further service, joinder of parties, or amendments to pleadings is 17 permitted except with leave of Court, and only after good cause is shown. 18 The Court notes ten (10) Doe Defendants are named in the Complaint. (See ECF 19 No. 1 ¶¶ 2-3.) The inclusion of such “Doe” defendants is generally disfavored in the 20 Ninth Circuit. Soo Park v. Thompson,

, 928 n.21 (9th Cir. 2017) (citing 21 Gillespie v. Civiletti,

(9th Cir. 1980)). At the scheduling conference, 22 Plaintiff confirmed that dismissal of the Doe Defendants was appropriate. The Doe 23 Defendants are hereby DISMISSED from this case, and should Plaintiff wish to amend to 24 add additional named defendants after discovering their identities, Plaintiff may file a 25 motion to amend and submit this motion for the Court’s review. No further service, 26 joinder of parties, or amendments to pleadings is permitted except with leave of Court, 27 and only after good cause is shown. 28 / / / 1 III. JURISDICTION/ VENUE 2 The parties assert that the Court has both federal question and diversity 3 jurisdiction (ECF No. 11 at 2), which is found to be proper. Venue is proper and 4 undisputed. (Id.) 5 IV. DISCOVERY DEADLINES AND PROCEDURES FOR DISCOVERY DISPUTES 6 The parties indicate that they may engage in early mediation efforts, focusing on 7 targeted discovery for mediation and completing formal discovery if mediation is 8 unsuccessful. (ECF No. 11 at 8.) 9 A. Initial Disclosures 10 The parties agreed to exchange Rule 26 Initial Disclosures on or before January 11 15, 2025 by agreement. (ECF No. 11 at 8.) At the scheduling conference, the parties 12 confirmed initial disclosures were timely exchanged. 13 B. Joint Mid-Discovery and Mediation Status Statement 14 By November 16, 2025, all parties shall file with the Court a Joint Mid-Discovery 15 Statement summarizing the current status of discovery efforts. This statement shall 16 include discovery completed to date and identification of issues, if any, preventing 17 discovery from proceeding in a timely manner. The filing of this statement shall not 18 relieve the parties or counsel of their obligations to meet and confer, comply with the 19 deadlines set by the Court, and comply with the discovery procedures set by the Court. 20 C. Non-Expert Discovery 21 All non-expert discovery shall be completed by February 20, 2026. “Completed” 22 means (1) all non-expert discovery shall have been conducted, including written 23 discovery and depositions taken, and (2) any disputes related to discovery shall have 24 been resolved by appropriate order if necessary and, where discovery has been 25 ordered, the order has been complied with. Any discovery-related motions must conform 26 to the requirements of the Federal Rules of Civil Procedure, this Court’s Local Rules,2 27 2 The Local Rules of the United States District Court for the Eastern District of California 28 are available on the district court’s website: 1 including Local Rule 251, and Judge Kim’s Civil Standing Orders.3 Judge Kim hears civil 2 motions on Tuesdays at 10:00 a.m. 3 D. Expert Discovery 4 The parties shall disclose any expert witnesses in accordance with Federal Rule 5 of Civil Procedure 26(a)(2) no later than December 5, 2025. Any rebuttal expert 6 disclosures shall be made in accordance with Fed. R. Civ. P. 26(a)(2) no later than 7 January 30, 2026. Expert disclosures shall be served upon all parties. All expert 8 discovery shall be completed by February 20, 2026. “Completed” means (1) all expert 9 discovery shall have been conducted, including depositions taken, and (2) any disputes 10 related to expert discovery shall have been resolved by appropriate court order if 11 necessary and, where discovery has been ordered, the order has been complied with. 12 The same procedures for discovery disputes applies to non-expert and expert discovery. 13 An expert witness not timely disclosed will not be permitted to testify unless the 14 party offering the expert witness demonstrates that the failure was substantially justified 15 or is harmless. See Fed. R. Civ. P. 37(c). Upon discovery of any such expert witness, 16 the party offering the late disclosed expert witness must promptly notify all parties in 17 writing, promptly make the expert witness available for deposition, and promptly notify 18 the Court in a written filling. This filing must include the case deadlines for expert 19 disclosures, expert discovery cut-off, dispositive motions, final pretrial conference, and 20 trial. Failure to timely provide the information required by Fed. R. Civ. P. 26(a)(2) may 21 lead to preclusion of the expert’s testimony or other appropriate sanctions. See Fed. R. 22 Civ. P. 37(c). 23 E. Discovery Disputes 24 Prior to filing any discovery-related motions, the parties are required to meet and 25

26 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- 28 judges/united-states-magistrate-judge-chi-soo-kim-csk/. 1 confer in good faith in an attempt to resolve their discovery disputes informally and 2 without Court intervention. Such meet and confer shall take place in person, by 3 telephone, or by video. The mere exchange of letters or e-mails alone is not sufficient. 4 As part of their joint statement related to a discovery motion submitted pursuant to Local 5 Rule 251, the parties shall also specifically outline: (a) what meet-and-confer efforts were 6 taken, including when and where such discussions took place, who participated, how the 7 parties’ disputes were narrowed as a result of such discussions; and (b) a summary of 8 discovery completed to date. Failure to comply with these requirements may result in 9 summary denial of any discovery motion. 10 The Court strongly encourages the use of informal telephonic discovery 11 conferences with the Court in lieu of formal discovery motion practice. The procedures 12 and conditions for requesting and conducting such an informal telephonic discovery 13 conference are set forth in Judge Kim’s Civil Standing Orders. In addition, and subject to 14 availability, the Court will rule on disputes encountered during oral depositions. If a 15 dispute arises during the deposition, the parties may contact Judge Kim’s Courtroom 16 Deputy at (916) 930-4187 to inquire regarding Judge Kim’s availability. However, the 17 parties are cautioned that these informal procedures are not to be abused, and the Court 18 may impose appropriate sanctions. 19 F. Other 20 The parties have submitted and the Court has approved a stipulated protective 21 order. (ECF No. 15.) 22 The parties have also requested that the Court address waiver of privilege in this 23 scheduling order. (ECF No. 11 at 9.) The Court approves as modified: The production of 24 privileged or work product protected documents, electronically-stored information (“ESI”) 25 or other information, whether inadvertent or otherwise, is not a waiver of the privilege or 26 protection from discovery in this case. This Order shall be interpreted to provide the 27 maximum protection allowed by Federal Rule of Evidence Rule 502(d). Nothing 28 contained herein shall serve to limit a party’s right to conduct a review of documents, 1 ESI, or information (including metadata) for relevance, responsiveness and/or 2 segregation of privileged and/or protected information before production. 3 V. MOTIONS 4 All pretrial law and motion, including motions for summary judgment under Fed. 5 R. Civ. P. 56, shall be filed by April 7, 2026 and heard by May 12, 2026.4 6 Dispositive motions must be filed following the procedures of Local Rules 230 and 7 260, and Judge Kim’s Civil Standing Orders. Counsel and parties proceeding without 8 counsel should pay particular attention to the rules for Statements of Undisputed Facts 9 for motions for summary judgment, cross motions for summary judgment, and general 10 brief requirements in the Local Rules and Judge Kim’s Civil Standing Orders. If both 11 Plaintiff and Defendant intend to file motions for summary judgment, the parties must 12 follow the schedule and requirements set out in Judge Kim’s Civil Standing Orders for 13 cross motions for summary judgment.5 Judge Kim generally hears civil motions on 14 Tuesdays at 10:00 a.m. This paragraph does not apply to motions for continuances, 15 motions in limine related to trial, temporary restraining orders, or other emergency 16 applications, for which the Court may set a special briefing schedule, if necessary or 17 appropriate. 18 All purely legal issues are to be resolved by timely pretrial motion. The purpose of 19 law and motion is to narrow and refine the legal issues raised by the case, as well as to 20 dispose of those issues that can be resolved by pretrial motion. Motions in limine should 21 address trial-related issues, such as the admissibility of evidence. The Court will look 22 with disfavor upon dispositive motions or other substantive legal motions presented as 23 motions in limine at the time of trial. 24 4 Pursuant to Local Rule 230(b), a motion set for hearing on May 12, 2026 must be filed 25 by April 7, 2026, which is 35 days before the hearing date. Please note that Judge Kim 26 has a separate schedule for cross motions for summary judgment, which is set out in her Civil Standing Orders. 27 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 28 be filed by March 24, 2026. 1 VI. MEDIATION 2 The parties indicate that they may engage in early mediation efforts, focusing on 3 targeted discovery for mediation and completing formal discovery if mediation is 4 unsuccessful. 5 The parties request setting a September 19, 2025 deadline to complete 6 mediation, which the Court will set. (ECF No. 11 at 10.) 7 If the parties want to conduct a settlement conference with a magistrate judge, 8 they are to contact the undersigned’s courtroom deputy at (916) 930-4187 or 9 [email protected], to inquire as to the availability of another magistrate 10 judge for a settlement conference. Parties should communicate the specific time frame 11 when they would like the settlement conference held. 12 VII. FINAL PRETRIAL CONFERENCE AND TRIAL 13 The final pretrial conference is set for August 25, 2026 at 10:00 a.m. and trial is 14 set for September 28, 2026 at 9:30 a.m. in Courtroom No. 25 before United States 15 Magistrate Judge Chi Soo Kim. Trial counsel must appear at the final pretrial conference. 16 At the final pretrial conference, the Court will set the deadlines for other trial-related 17 deadlines, including the submission of exhibits. 18 A. Meet and Confer 19 At least 28 days before the final Pretrial Conference, lead counsel who will try the 20 case shall meet and confer with respect to the following subjects: (1) settlement of the 21 case; (2) preparation of the joint pretrial filings; and (3) clarifying and narrowing the 22 contested issues for trial. Counsel in close geographical proximity are encouraged to 23 meet in person. 24 B. Joint Pretrial Statement 25 The parties shall file a joint pretrial statement pursuant to Local Rule 281(a)(2). 26 The joint pretrial statement must be filed no later than twenty-one (21) days before the 27 date set for the final pretrial conference and must also be emailed as a Word document 28 to [email protected]. Separate pretrial statements are not permitted 1 unless a party is not represented by counsel. 2 The pretrial statement must cover all topics identified in Local Rule 281 with the 3 following additions and clarifications: 4 1. Statement of the Case: A concise, joint statement of the case must be 5 included. 6 2. Trial Length Estimate: An estimate of the length of trial must also be 7 included. Unless otherwise ordered, trial hours will be from 9:30 a.m. to 8 4:30 p.m., Monday through Friday. 9 3. Procedural Status: A concise summary of the procedural status of the 10 case must be included, including the disposition of any motions and 11 whether any motions are still pending. 12 4. Factual Issues: The undisputed facts and disputed factual issues shall be 13 set forth in separate sections of the pretrial statement. Each fact or factual 14 issue should be numbered. For disputed factual issues, identify the cause 15 of action or defense to which the factual issue is related. 16 5. Points of Law: In the points of law section of the pretrial statement, include 17 the elements for each cause of action and each defense, with citation to 18 the relevant legal authority. 19 6. Motions In Limine: The parties shall also identify the motions in limine 20 each party reasonably anticipates filing. 21 7. Witness Lists: Each party’s witness list must be submitted as a separate 22 attachment to the pretrial statement, and labeled as such. The witness list 23 must include the witness’s name; the witness’s title or position; whether the 24 testimony is offered in-person or by deposition; whether the witness is 25 designated as an expert; and a concise statement of the anticipated 26 subjects of testimony. Pursuant to Local Rule 281, only individuals on the 27 witness list submitted with the pretrial statement will be permitted to testify 28 at trial, except as may be otherwise provided in the pretrial order. The 1 witness’s address does not need to be included. 2 8. Exhibit Lists: Each party’s exhibit list must be submitted as a separate 3 attachment to the pretrial statement, and labeled as such. Plaintiff’s 4 exhibits shall be listed numerically; Defendant’s exhibits shall be listed 5 alphabetically. All exhibits must be individually identified with specificity, 6 including a reasonable amount of detail such that other parties can identify 7 each exhibit, including exhibit name/title, document/file date, bates 8 numbers, and a concise description of the exhibit. Groups or categories of 9 documents/records may not be listed as a single exhibit (e.g., it is improper 10 to list “Initial Disclosure Documents,” “Cell phone records,” etc. as a single 11 exhibit). Pursuant to Local Rule 281, only exhibits on the exhibit list 12 submitted with the pretrial statement will be permitted to be offered at trial, 13 except as may be otherwise provided in the pretrial order. The parties are 14 instructed to refer to and follow the Court’s Jury Trial Procedures available 15 on Judge Kim’s webpage on the district court’s website: 16 https://www.caed.uscourts.gov/caednew/index.cfm/judges/all- 17 judges/united-states-magistrate-judge-chi-soo-kim-csk/. This document 18 includes important instructions and requirements for exhibit lists. 19 9. Further Discovery or Motions: Inclusion of a section regarding further 20 discovery or motions in the pretrial statement pursuant to Local Rule 21 218(b)(13) will not be interpreted as a motion to request further discovery, 22 a request to modify the scheduling order or any other order issued for this 23 case, or as an actual motion or request. The parties must continue to follow 24 the scheduling order(s) for this case, the Local Rules, and the Court’s 25 standing orders to request further discovery or a modification of the 26 scheduling order(s). 27 C. Motions In Limine 28 Motions in limine shall be filed by the close of business fourteen (14) days before 1 the date set for the final pretrial conference. Any opposition shall be filed by the close of 2 business seven (7) days before the date set for the final pretrial conference. No replies 3 shall be filed. 4 Briefing for motions in limine shall be limited to 25 pages total for each side. Each 5 motion in limine should be numbered and clearly identified. For example, “Plaintiffs’ 6 Motion in Limine No. 1 Re: [subject].” The brief shall include a table of contents at the 7 beginning that lists each motion in limine and the page number on which the motion 8 begins. 9 Briefing for oppositions/ responses to motions in limine shall also be limited to 25 10 pages total for each side. Each opposition/ response should be numbered and clearly 11 identified. For example, “Defendants’ Opposition to Plaintiffs’ Motion in Limine No. 1 Re: 12 [subject].” The brief shall also include a table of contents at the beginning that lists each 13 motion in limine opposition/ response and the page number on which the opposition/ 14 response begins. 15 The parties should be prepared to argue their motions in limine at the final pretrial 16 conference. The Court will endeavor to rule on motions in limine before trial begins to 17 assist the parties in their trial preparations. 18 D. Proposed Voir Dire, Jury Instructions, and Verdict Forms 19 The parties must file proposed voir dire questions, proposed joint jury instructions, 20 and proposed joint verdict forms by the close of business fourteen (14) days before the 21 date set for the final pretrial conference. The parties must also email these filings as 22 Word documents to [email protected]. The parties should be prepared to 23 address the proposed voir dire questions, jury instructions, and verdict forms at the final 24 pretrial conference. The parties are instructed to refer to and follow the Court’s Jury 25 Trial Procedures available on Judge Kim’s webpage on the district court’s website: 26 https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- 27 magistrate-judge-chi-soo-kim-csk/. This document includes important instructions and 28 requirements for the submission of joint proposed joint jury instructions. 1 *Proposed voir dire questions, jury instructions, and verdict forms should not be 2 submitted in cases tried to the bench. 3 E. Trial Briefs 4 Parties are not required to file trial briefs. If a party chooses to file a trial brief, it 5 shall not be longer than five pages and shall be filed no later than by the close of 6 business fourteen (14) days before the date set for the final pretrial conference. Trial 7 briefs shall not duplicate the contents of the joint pretrial statement and proposed order. 8 F. Courtesy Copies 9 Two binders containing courtesy copies of the Joint Pretrial Statement, witness 10 lists, exhibit lists, proposed voir dire questions, proposed joint jury instructions, proposed 11 joint verdict forms, motions in limine, and optional trial briefs must be delivered to the 12 Clerk’s office by noon thirteen (13) days before the date set for the final pretrial 13 conference. This is the day after the filing deadline for the proposed voir dire questions, 14 proposed jury instructions, proposed verdict forms, motions in limine, and optional trial 15 briefs. Parties should coordinate so that only two courtesy copies are submitted, rather 16 than submitting separate courtesy copies from each party. Parties do not need to provide 17 courtesy copies of the motion in limine oppositions. 18 All courtesy copies must be double-sided, three-hole punched at the left margin, 19 and marked with the ECF stamp (case number, document number, date, and page 20 number) on the top of each page. These binders shall include labeled side tabs, and be 21 clearly marked “Chambers Copy – Do Not File” with Judge Kim’s name, the case 22 number, and the case name. 23 G. Trial 24 A jury trial is set for September 28, 2026 at 9:30 a.m., in Courtroom No. 25. The 25 parties estimate 5-10 days for trial. (ECF No. 11 at 10.) 26 / / / 27 / / / 28 / / / 1 VIII. SCHEDULE SUMMARY

2 Event Deadline 3 Initial Disclosure Exchange January 15, 2025 4 Joint Mid-Discovery and November 16, 2025 Mediation Status Report 5 Deadline to Complete Mediation September 19, 2025 6 (Joint Request) Expert Disclosures December 5, 2025 7 Rebuttal Expert Disclosures January 30, 2026 8 Non-Expert Discovery Completion February 20, 2026 9 Expert Discovery Completion February 20, 2026 10 If cross-motions for summary March 24, 2026 11 judgment,6 Plaintiff’s Summary Judgment Motion Filed By 12 If no cross-motions for summary April 7, 2026 13 judgment, Dispositive Motion Filed By 14 Dispositive Motions Heard By May 12, 2026 15 16 Joint Pretrial Statement Filed By 21 days before the FPTC 17 Motions In Limine Filed By 14 days before the FPTC Final Pretrial Conference August 25, 2026 18 (“FPTC”) and Motions In Limine Hearing 19 Jury Trial (5-10 days) September 28, 2026 20

21 22 IX. MODIFICATIONS OF THIS SCHEDULING ORDER 23 This case schedule will become final without further order of the Court unless 24 written objections are filed within fourteen (14) days of the entry of this order. The parties 25 are reminded that pursuant to Federal Rule of Civil Procedure 16(b)(4), this order shall 26

27 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 28 for summary judgment. 1 || not be modified except by leave of Court upon a showing of “good cause.” See Johnson 2 || v. Mammoth Recreations, Inc.,

(9th Cir. 1992). Agreement by the parties 3 | pursuant to a stipulation does not constitute good cause. Nor does the unavailability of 4 | witnesses or counsel, except in extraordinary circumstances, constitute good cause. 5 | Requests or stipulations to continue dispositive motion deadlines, the final pretrial 6 || conference, or trial dates must establish good cause and are not granted lightly. 7 Any request or stipulation to modify this scheduling order must set forth the 8 | following: 9 1. the existing due date or hearing date as well as the discovery cutoff date, the last 10 date for hearing motions, the final pretrial conference date, and the trial date; 11 2. whether there have been prior requests for extensions, and whether these were 12 granted or denied by the Court; and 13 3. specific, concrete reasons supporting good cause for granting the extension. For 14 example, if the reason for the requested extension is that it “will promote 15 settlement,” the requesting party or parties must indicate the status of negotiation 16 efforts (e.g., whether a mediator has been selected, a mediation has been 17 scheduled, etc.). 18 19 Dated: February 4, 2025 C i S$ 20 CHI SOO KIM UNITED STATES MAGISTRATE JUDGE 21 99 4, berg2874.24 23 24 25 26 27 28 13