Azevedo v. Michaels Stores, Inc.

United States District Court for the Eastern District of California

Azevedo v. Michaels Stores, Inc.

Trial Court Opinion

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

12 MARY ROCHA AZEVEDO, No. 2:24-cv-02735 WBS SCR 13 Plaintiff, 14 v. 15 MICHAELS STORES, INC.; and DOES 1 to 50, 16 Defendants. 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 March 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 All defendants have 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.,

975 F.2d 604 6

(9th Cir. 1992). 7 III. JURISDICTION/VENUE 8 Jurisdiction in this premises liability action is 9 predicated upon

28 U.S.C. § 1332

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

1 IT IS SO ORDERED. 2 Dated: March 4, 2025 he bloom HK “a ¢ 3 WILLIAM B. SHUBB , UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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