1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SCOTT CANALE, Case No. 2:24-cv-03295-CSK 12 Plaintiff, PRETRIAL SCHEDULING ORDER AND ORDER DISMISSING DOE DEFENDANTS 13 v. 14 AUTOZONE, INC., et al., 15 Defendants. 16 17 READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES THAT 18 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND 19 PARTIES, INCLUDING THOSE PROCEEDING WITHOUT COUNSEL, MUST COMPLY. 20 FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER MAY RESULT IN THE 21 IMPOSITION OF MONETARY AND ALL OTHER APPROPRIATE SANCTIONS. 22 On July 29, 2025, the Court conducted a status (initial pretrial scheduling) 23 conference in this matter.1 At the scheduling conference, attorney Catherine Allen 24 appeared on behalf of Plaintiff Scott Canale, and attorney Michael Hoffman appeared on 25 behalf of Defendant Autozone, Inc. After considering the parties’ joint status report (ECF 26 No. 17), and the scheduling conference held, the Court issues the following pretrial 27 1 This matter proceeds before the undersigned pursuant to

(c) on the 28 consent of all parties. (ECF Nos. 6-8.) 1 scheduling order. 2 I. NATURE OF THE CASE 3 The following summary of the case is based on the parties’ Joint Status Report. 4 (ECF No. 17 at 2). Plaintiff worked as a parts sales manager in an AutoZone retail store. 5 He contends that his physician requested modified duty to accommodate a disability, 6 which included a restriction that he was not to work night shifts. Plaintiff was allegedly 7 forced to work late nights, and he contends that a manager broadcast his work 8 restrictions to others in the store. Plaintiff further alleges that coworkers bullied him, 9 threatened physical harm, and teased him for not being a “real man.” Due to the 10 allegedly intolerable work conditions, Plaintiff resigned from employment. Plaintiff also 11 claims that Defendant failed to compensate him for missed rest periods and meal breaks 12 and failed to reimburse him for work expenses. Defendant denies Plaintiff’s allegations. 13 II. SERVICE OF PROCESS, JOINDER OF PARTIES, PLEADINGS AMENDMENT 14 All named Defendants have been served and have answered the First Amended 15 Complaint. (ECF No. 17 at 2.) No further service, joinder of parties, or amendments to 16 pleadings is permitted except with leave of Court, and only after good cause is shown. 17 The Court notes thirty (30) Doe Defendants are named in the First Amended 18 Complaint. (See ECF No. 13.) The inclusion of such “Doe” defendants is generally 19 disfavored in the Ninth Circuit. Soo Park v. Thompson,

, 928 n.21 (9th Cir. 20 2017) (citing Gillespie v. Civiletti,

, 642 (9th Cir. 1980)). In addition, in the 21 parties’ Rule 26(f) report, Plaintiff indicates that “[a]ll named defendants were served and 22 have appeared.” (ECF No. 17 at 2.) As discussed at the scheduling conference, Plaintiff 23 may seek to add or substitute AutoZoners, LLC, an entity related to Defendant 24 Autozone, Inc., as a defendant, which Defendant does not oppose. (Id.) The Doe 25 Defendants are hereby DISMISSED from this case, and should Plaintiff wish to amend to 26 add additional named defendants after discovering their identities, Plaintiff may file a 27 motion to amend and submit this motion for the Court’s review. No further service, 28 joinder of parties, or amendments to pleadings is permitted except with leave of Court, 1 and only after good cause is shown. 2 III. JURISDICTION/VENUE 3 The parties assert that the Court has diversity jurisdiction (ECF No. 17 at 2), 4 which is found to be proper. Venue is proper and undisputed. (Id.) 5 IV. DISCOVERY DEADLINES AND PROCEDURES FOR DISCOVERY DISPUTES 6 A. Initial Disclosures 7 The parties agreed to exchange Rule 26 Initial Disclosures on or before May 9, 8 2025 by agreement. (ECF No. No. 17 at 3.) At the scheduling conference, the parties 9 confirmed initial disclosures were exchanged. 10 B. Joint Mid-Discovery and Mediation Status Statement 11 By November 7, 2025, all parties shall file with the Court a Joint Mid-Discovery 12 and Mediation Status Statement summarizing the current status of discovery and 13 mediation efforts. This statement shall include discovery completed to date and 14 identification of issues, if any, preventing discovery from proceeding in a timely manner. 15 The filing of this statement shall not relieve the parties or counsel of their obligations to 16 meet and confer, comply with the deadlines set by the Court, and comply with the 17 discovery procedures set by the Court. 18 C. Non-Expert Discovery 19 All non-expert discovery shall be completed by January 30, 2026. “Completed” 20 means (1) all non-expert discovery shall have been conducted, including written 21 discovery and depositions taken, and (2) any disputes related to discovery shall have 22 been resolved by appropriate order if necessary and, where discovery has been 23 ordered, the order has been complied with. Any discovery-related motions must conform 24 to the requirements of the Federal Rules of Civil Procedure, this Court’s Local Rules,2 25

26 2 The Local Rules of the United States District Court for the Eastern District of California 27 are available on the district court’s website: https://www.caed.uscourts.gov/caednew/index.cfm/rules/local-rules/. 28 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 February 27, 2026. Any rebuttal expert 6 disclosures shall be made in accordance with Fed. R. Civ. P. 26(a)(2) no later than 7 March 27, 2026. Expert disclosures shall be served upon all parties. All expert discovery 8 shall be completed by May 29, 2026. “Completed” means (1) all expert discovery shall 9 have been conducted, including depositions taken, and (2) any disputes related to expert 10 discovery shall have been resolved by appropriate court order if necessary and, where 11 discovery has been ordered, the order has been complied with. The same procedures 12 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 confer in good faith in an attempt to resolve their discovery disputes informally and 26

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 without Court intervention. Such meet and confer shall take place in person, by 2 telephone, or by video. The mere exchange of letters or e-mails alone is not sufficient. 3 As part of their joint statement related to a discovery motion submitted pursuant to Local 4 Rule 251, the parties shall also specifically outline: (a) what meet-and-confer efforts were 5 taken, including when and where such discussions took place, who participated, how the 6 parties’ disputes were narrowed as a result of such discussions; and (b) a summary of 7 discovery completed to date. Failure to comply with these requirements may result in 8 summary denial of any discovery motion. 9 The Court strongly encourages the use of informal telephonic discovery 10 conferences with the Court in lieu of formal discovery motion practice. The procedures 11 and conditions for requesting and conducting such an informal telephonic discovery 12 conference are set forth in Judge Kim’s Civil Standing Orders. In addition, and subject to 13 availability, the Court will rule on disputes encountered during oral depositions. If a 14 dispute arises during the deposition, the parties may contact Judge Kim’s Courtroom 15 Deputy at (916) 930-4187 to inquire regarding Judge Kim’s availability. However, the 16 parties are cautioned that these informal procedures are not to be abused, and the Court 17 may impose appropriate sanctions. 18 V. MOTIONS 19 All pretrial law and motion, including motions for summary judgment under Fed. 20 R. Civ. P. 56, shall be filed by June 30, 2026 and heard by August 4, 2026.4 21 Dispositive motions must be filed following the procedures of Local Rules 230 and 22 260, and Judge Kim’s Civil Standing Orders. Counsel and parties proceeding without 23 counsel should pay particular attention to the rules for Statements of Undisputed Facts 24 for motions for summary judgment, cross motions for summary judgment, and general 25 brief requirements in the Local Rules and Judge Kim’s Civil Standing Orders. If both

26 4 Pursuant to Local Rule 230(b), a motion set for hearing on August 4, 2026 must be 27 filed by June 30, 2026, 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 28 in her Civil Standing Orders. 1 Plaintiff and Defendant intend to file motions for summary judgment, the parties must 2 follow the schedule and requirements set out in Judge Kim’s Civil Standing Orders for 3 cross motions for summary judgment.5 Judge Kim generally hears civil motions on 4 Tuesdays at 10:00 a.m. This paragraph does not apply to motions for continuances, 5 motions in limine related to trial, temporary restraining orders, or other emergency 6 applications, for which the Court may set a special briefing schedule, if necessary or 7 appropriate. 8 All purely legal issues are to be resolved by timely pretrial motion. The purpose of 9 law and motion is to narrow and refine the legal issues raised by the case, as well as to 10 dispose of those issues that can be resolved by pretrial motion. Motions in limine should 11 address trial-related issues, such as the admissibility of evidence. The Court will look 12 with disfavor upon dispositive motions or other substantive legal motions presented as 13 motions in limine at the time of trial. 14 VI. SETTLEMENT CONFERENCE 15 At the scheduling conference, the parties indicated they will first engage in direct 16 discussion of potential resolution before engaging in formal resolution, including the 17 Court’s Voluntary Dispute Resolution Program (“VDRP”). If the parties want to request 18 referral to VDRP or to schedule a settlement conference with another magistrate judge, 19 they may file a request or contact the undersigned’s courtroom deputy at (916) 930-4187 20 or [email protected]. Parties should communicate the specific time frame 21 when they would like the settlement conference held. 22 VII. FINAL PRETRIAL CONFERENCE AND TRIAL 23 The final pretrial conference is set for November 13, 2026 at 10:00 a.m. and trial 24 is set for January 11, 2027 at 9:30 a.m. in Courtroom No. 25 before United States 25 Magistrate Judge Chi Soo Kim. Trial counsel must appear at the final pretrial conference. 26

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 June 9, 2026. 1 At the final pretrial conference, the Court will set the deadlines for other trial-related 2 deadlines, including the submission of exhibits. 3 A. Meet and Confer 4 At least 28 days before the final Pretrial Conference, lead counsel who will try the 5 case shall meet and confer with respect to the following subjects: (1) settlement of the 6 case; (2) preparation of the joint pretrial filings; and (3) clarifying and narrowing the 7 contested issues for trial. Counsel in close geographical proximity are encouraged to 8 meet in person. 9 B. Joint Pretrial Statement 10 The parties shall file a joint pretrial statement pursuant to Local Rule 281(a)(2). 11 The joint pretrial statement must be filed no later than twenty-one (21) days before the 12 date set for the final pretrial conference and must also be emailed as a Word document 13 to [email protected]. Separate pretrial statements are not permitted 14 unless a party is not represented by counsel. 15 The pretrial statement must cover all topics identified in Local Rule 281 with the 16 following additions and clarifications: 17 1. Statement of the Case: A concise, joint statement of the case must be 18 included. 19 2. Trial Length Estimate: An estimate of the length of trial must also be 20 included. Unless otherwise ordered, trial hours will be from 9:30 a.m. to 21 4:30 p.m., Monday through Friday. 22 3. Procedural Status: A concise summary of the procedural status of the 23 case must be included, including the disposition of any motions and 24 whether any motions are still pending. 25 4. Factual Issues: The undisputed facts and disputed factual issues shall be 26 set forth in separate sections of the pretrial statement. Each fact or factual 27 issue should be numbered. For disputed factual issues, identify the cause 28 of action or defense to which the factual issue is related. 1 5. Points of Law: In the points of law section of the pretrial statement, include 2 the elements for each cause of action and each defense, with citation to 3 the relevant legal authority. 4 6. Motions In Limine: The parties shall also identify the motions in limine 5 each party reasonably anticipates filing. 6 7. Witness Lists: Each party’s witness list must be submitted as a separate 7 attachment to the pretrial statement, and labeled as such. The witness list 8 must include the witness’s name; the witness’s title or position; whether the 9 testimony is offered in-person or by deposition; whether the witness is 10 designated as an expert; and a concise statement of the anticipated 11 subjects of testimony. Pursuant to Local Rule 281, only individuals on the 12 witness list submitted with the pretrial statement will be permitted to testify 13 at trial, except as may be otherwise provided in the pretrial order. The 14 witness’s address does not need to be included. 15 8. Exhibit Lists: Each party’s exhibit list must be submitted as a separate 16 attachment to the pretrial statement, and labeled as such. Plaintiff’s 17 exhibits shall be listed numerically; Defendant’s exhibits shall be listed 18 alphabetically. All exhibits must be individually identified with 19 specificity, including a reasonable amount of detail such that other parties 20 can identify each exhibit, including exhibit name/title, document/file date, 21 bates numbers, and a concise description of the exhibit. Groups or 22 categories of documents/records may not be listed as a single exhibit 23 (e.g., it is improper to list “Initial Disclosure Documents,” “Cell phone 24 records,” etc. as a single exhibit). Pursuant to Local Rule 281, only exhibits 25 on the exhibit list submitted with the pretrial statement will be permitted to 26 be offered at trial, except as may be otherwise provided in the pretrial 27 order. The parties are instructed to refer to and follow the Court’s Jury Trial 28 Procedures available on Judge Kim’s webpage on the district court’s 1 website: https://www.caed.uscourts.gov/caednew/index.cfm/judges/all- 2 judges/united-states-magistrate-judge-chi-soo-kim-csk/. This document 3 includes important instructions and requirements for exhibit lists. 4 9. Further Discovery or Motions: Inclusion of a section regarding further 5 discovery or motions in the pretrial statement pursuant to Local Rule 6 218(b)(13) will not be interpreted as a motion to request further discovery, 7 a request to modify the scheduling order or any other order issued for this 8 case, or as an actual motion or request. The parties must continue to follow 9 the scheduling order(s) for this case, the Local Rules, and the Court’s 10 standing orders to request further discovery or a modification of the 11 scheduling order(s). 12 C. Motions In Limine 13 Motions in limine shall be filed by the close of business fourteen (14) days before 14 the date set for the final pretrial conference. Any opposition shall be filed by the close of 15 business seven (7) days before the date set for the final pretrial conference. No replies 16 shall be filed. 17 Briefing for motions in limine shall be limited to 25 pages total for each side. Each 18 motion in limine should be numbered and clearly identified. For example, “Plaintiffs’ 19 Motion in Limine No. 1 Re: [subject].” The brief shall include a table of contents at the 20 beginning that lists each motion in limine and the page number on which the motion 21 begins. 22 Briefing for oppositions/ responses to motions in limine shall also be limited to 25 23 pages total for each side. Each opposition/ response should be numbered and clearly 24 identified. For example, “Defendants’ Opposition to Plaintiffs’ Motion in Limine No. 1 Re: 25 [subject].” The brief shall also include a table of contents at the beginning that lists each 26 motion in limine opposition/ response and the page number on which the opposition/ 27 response begins. 28 The parties should be prepared to argue their motions in limine at the final pretrial 1 conference. The Court will endeavor to rule on motions in limine before trial begins to 2 assist the parties in their trial preparations. 3 D. Proposed Voir Dire, Jury Instructions, and Verdict Forms 4 The parties must file proposed voir dire questions, proposed joint jury instructions, 5 and proposed joint verdict forms by the close of business fourteen (14) days before the 6 date set for the final pretrial conference. The parties must also email these filings as 7 Word documents to [email protected]. The parties should be prepared to 8 address the proposed voir dire questions, jury instructions, and verdict forms at the final 9 pretrial conference. The parties are instructed to refer to and follow the Court’s Jury 10 Trial Procedures available on Judge Kim’s webpage on the district court’s website: 11 https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- 12 magistrate-judge-chi-soo-kim-csk/. This document includes important instructions and 13 requirements for the submission of joint proposed joint jury instructions. 14 E. Trial Briefs 15 Parties are not required to file trial briefs. If a party chooses to file a trial brief, it 16 shall not be longer than five pages and shall be filed no later than by the close of 17 business fourteen (14) days before the date set for the final pretrial conference. Trial 18 briefs shall not duplicate the contents of the joint pretrial statement and proposed order. 19 F. Courtesy Copies 20 Two binders containing courtesy copies of the Joint Pretrial Statement, witness 21 lists, exhibit lists, proposed voir dire questions, proposed joint jury instructions, proposed 22 joint verdict forms, motions in limine, and optional trial briefs must be delivered to the 23 Clerk’s office by noon thirteen (13) days before the date set for the final pretrial 24 conference. This is the day after the filing deadline for the proposed voir dire questions, 25 proposed jury instructions, proposed verdict forms, motions in limine, and optional trial 26 briefs. Parties should coordinate so that only two courtesy copies are submitted, rather 27 than submitting separate courtesy copies from each party. Parties do not need to provide 28 courtesy copies of the motion in limine oppositions. 1 All courtesy copies must be double-sided, three-hole punched at the left margin, 2 and marked with the ECF stamp (case number, document number, date, and page 3 number) on the top of each page. These binders shall include labeled side tabs, and be 4 clearly marked “Chambers Copy – Do Not File” with Judge Kim’s name, the case 5 number, and the case name. 6 G. Trial 7 A jury trial is set for January 11, 2027 at 9:30 a.m., in Courtroom No. 25. The 8 parties estimate 4-7 days for trial. (ECF No. 17 at 4.) 9 VIII. SCHEDULE SUMMARY 10 Event Deadline Ordered Initial Disclosures Due By May 9, 2025 11 Joint Mid-Discovery and Mediation Status November 7, 2025 12 Statement Filed By 13 Non-Expert Discovery Completion January 30, 2026 Expert Disclosures Due By February 27, 2026 14 Rebuttal Expert Disclosures Due By March 27, 2026 15 Expert Discovery Completion May 29, 2026 16 If cross-motions for summary judgment,6 June 9, 2026 17 Plaintiff’s Summary Judgment Motion Filed By If no cross-motions for summary judgment, June 30, 2026 18 Dispositive Motions Filed By 19 Dispositive Motions Heard By August 4, 2026 20 Joint Pretrial Statement Due By 21 days before the FPTC 21 Motions In Limine Filed By 14 days before the FPTC Final Pretrial Conference and Motions In November 13, 2026 at 22 Limine Hearing 10:00 a.m., Courtroom 25 23 Jury Trial (4-7 days) January 11, 2027 at 9:30 a.m., Courtroom 25 24 25 / / / 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 | IX. MODIFICATIONS OF THIS SCHEDULING ORDER 2 This case schedule will become final without further order of the Court unless 3 | written objections are filed within fourteen (14) days of the entry of this order. The parties 4 | are reminded that pursuant to Federal Rule of Civil Procedure 16(b)(4), this order shall 5 || not be modified except by leave of Court upon a showing of “good cause.” See Johnson 6 || v. Mammoth Recreations, Inc.,

(9th Cir. 1992). Agreement by the parties 7 || pursuant to a stipulation does not constitute good cause. Nor does the unavailability of 8 || witnesses or counsel, except in extraordinary circumstances, constitute good cause. 9 | Requests or stipulations to continue dispositive motion deadlines, the final pretrial 10 || conference, or trial dates must establish good cause and are not granted lightly. 11 Any request or stipulation to modify this scheduling order must set forth the 12 | following: 13 1. the existing due date or hearing date as well as the discovery cutoff date, the last 14 date for hearing motions, the final pretrial conference date, and the trial date; 15 2. whether there have been prior requests for extensions, and whether these were 16 granted or denied by the Court; and 17 3. specific, concrete reasons supporting good cause for granting the extension. For 18 example, if the reason for the requested extension is that it “will promote 19 settlement,” the requesting party or parties must indicate the status of negotiation 20 efforts (e.g., whether a mediator has been selected, a mediation has been 21 scheduled, etc.). 22 33 Dated: July 30, 2025 C i s CHI SOO KIM UNITED STATES MAGISTRATE JUDGE 25 6 4, cana3295.24

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