Svetlana Loboda v. Bertrand Trucking; Mark Thomas Bertrand, individually and...

United States District Court for the Eastern District of California

Svetlana Loboda v. Bertrand Trucking; Mark Thomas Bertrand, individually and...

Trial Court Opinion

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

12 SVETLANA LOBODA, No. 2:25-cv-01463 WBS SCR 13 Plaintiff, 14 v. 15 BERTRAND TRUCKING; MARK THOMAS BERTRAND, individually 16 and dba BERTRAND TRUCKING, and DOES 1 through 25, 17 inclusive, 18 Defendant. 19 20 ----oo0oo---- 21 STATUS (PRETRIAL SCHEDULING) ORDER 22 After reviewing the parties’ Joint Status Report, the 23 court hereby vacates the Status (Pretrial Scheduling) Conference 24 scheduled for September 22, 2025, and makes the following 25 findings and orders without needing to consult with the parties 26 any further. 27 I. SERVICE OF PROCESS 28 All defendants have been served, and no further service 1 is permitted without leave of court, good cause having been shown 2 under Federal Rule of Civil Procedure 16(b). 3 II. JOINDER OF PARTIES/AMENDMENTS 4 No further joinder of parties or amendments to 5 pleadings will be permitted except with leave of court, good 6 cause having been shown under Federal Rule of Civil Procedure 7 16(b). See Johnson v. Mammoth Recreations, Inc.,

975 F.2d 604 8

(9th Cir. 1992). 9 III. JURISDICTION/VENUE 10 Jurisdiction in this vehicle accident dispute is 11 predicated upon

28 U.S.C. § 1332

, because the parties are of 12 diverse citizenship and the amount in controversy exceeds 13 $75,000. Venue is undisputed and hereby found to be proper. 14 IV. DISCOVERY 15 The parties agree to serve the initial disclosures 16 required by Federal Rule of Civil Procedure 26(a)(1) on or before 17 October 27, 2025. 18 The parties shall disclose experts and produce reports 19 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 20 later than December 8, 2026. With regard to expert testimony 21 intended solely for rebuttal, those experts shall be disclosed 22 and reports produced in accordance with Federal Rule of Civil 23 Procedure 26(a)(2) on or before January 8, 2027. 24 All discovery, including depositions for preservation 25 of testimony, is left open, save and except that it shall be so 26 conducted as to be completed by February 8, 2027. The word 27 “completed” means that all discovery shall have been conducted so 28 that all depositions have been taken and any disputes relevant to 1 discovery shall have been resolved by appropriate order if 2 necessary and, where discovery has been ordered, the order has 3 been obeyed. All motions to compel discovery must be noticed on 4 the magistrate judge’s calendar in accordance with the local 5 rules of this court and so that such motions may be heard (and 6 any resulting orders obeyed) not later than February 8, 2027. 7 V. MOTION HEARING SCHEDULE 8 All motions, except motions for continuances, temporary 9 restraining orders, or other emergency applications, shall be 10 filed on or before April 5, 2027. All motions shall be noticed 11 for the next available hearing date. Counsel are cautioned to 12 refer to the local rules regarding the requirements for noticing 13 and opposing such motions on the court’s regularly scheduled law 14 and motion calendar. 15 VI. FINAL PRETRIAL CONFERENCE 16 The Final Pretrial Conference is set for June 14, 2027, 17 at 1:30 p.m. in Courtroom No. 5. The conference shall be 18 attended by at least one of the attorneys who will conduct the 19 trial for each of the parties and by any unrepresented parties. 20 Counsel for all parties are to be fully prepared for 21 trial at the time of the Pretrial Conference, with no matters 22 remaining to be accomplished except production of witnesses for 23 oral testimony. Counsel shall file separate pretrial statements, 24 and are referred to Local Rules 281 and 282 relating to the 25 contents of and time for filing those statements. In addition to 26 those subjects listed in Local Rule 281(b), the parties are to 27 provide the court with: (1) a plain, concise statement which 28 identifies every non-discovery motion which has been made to the 1 court, and its resolution; (2) a list of the remaining claims as 2 against each defendant; and (3) the estimated number of trial 3 days. 4 In providing the plain, concise statements of 5 undisputed facts and disputed factual issues contemplated by 6 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 7 that remain at issue, and any remaining affirmatively pled 8 defenses thereto. 9 VII. TRIAL SETTING 10 The jury trial is set for August 10, 2027 at 9:00 a.m. 11 The parties estimate that the trial will last five 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. ee IE ORI IERIE DESEO EE II II III IEE IGE GOON IE ED OE

1 IT IS SO ORDERED - 2 Dated: September 17, 2025 Atle pLt..te-— WILLIAM B. SHUBB 3 UNITED STATES DISTRICT JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

Full Case Name
Svetlana Loboda v. Bertrand Trucking; Mark Thomas Bertrand, individually and dba Bertrand Trucking, and Does 1 through 25, inclusive
Status
Unknown