MAESTAS v. WAL-MART STORES, INC.

No. 2:16-cv-02597 KJM KJN.

LARRY MAESTAS, Plaintiff, v. WAL-MART STORES, INC., Defendant.

United States District Court, E.D. California.

Editors Note
Applicable Law: 28 U.S.C. § 1332
Cause: 28 U.S.C. § 1332 Diversity - Fraud
Nature of Suit: 370 Other Fraud
Source: PACER


Attorney(s) appearing for the Case

Larry Maestas, Plaintiff, represented by Thomas Edward Wheeler , Law Offices of Todd M. Friedman.

Larry Maestas, Plaintiff, represented by Todd M. Friedman , Law Offices of Todd M. Friedman, P.C..

Wal-Mart Stores, Inc., Defendant, represented by Eugene Lee Hahm , Cooper White and Cooper & James M. Lee , LTL Attorneys LLP.


STATUS (PRETRIAL SCHEDULING) FOR CLASS CERTIFICATION

KIMBERLY J. MUELLER, District Judge.

An initial scheduling conference was held in this case on April 7, 2017. Thomas Wheeler appeared for plaintiff; Eugene Hahm appeared for defendant.

Having reviewed the parties' Joint Status Report filed on March 17, 2016, and discussed a schedule for class certification with counsel at the hearing, the court makes the following orders:

I. SERVICE OF PROCESS

All named defendants have been served and no further service is permitted without leave of court, good cause having been shown.

II. ADDITIONALPARTIES/AMENDMENTS/PLEADINGS

Plaintiff shall file an amended complaint within fourteen (14) days of the scheduling conference. Any further joinder of parties or amendments to pleadings is not permitted without leave of court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 28 U.S.C. § 1332(d)(2). Jurisdiction and venue are not disputed.

IV. DISCLOSURE OF EXPERT WITNESSES

The court sets the following schedule for experts in connection with Class Certification:

Initial Expert Disclosure: January 5, 2018 Completion of Opening Expert Witness Depositions: February 9, 2018 Rebuttal Expert Disclosure: February 16, 2018 Completion of Rebuttal Expert Witness Depositions: March 2, 2018 All Discovery Cut-Off: July 20, 2018

V. MOTION FOR CLASS CERTIFICATION

The court sets the following schedule for briefing and hearing on Class Certification:

Filing of Motion for Class Certification: January 19, 2018 Opposition to Motion for Class Certification: February 23, 2018 Reply in Support of Motion for Class Certification: March 9, 2018 Hearing on Motion for Class Certification: April 6, 2018

VI. SETTLEMENT CONFERENCE

The parties are agreeable to attending private mediation in this matter. Mediation shall occur by April 27, 2018, and the parties shall notify the court within seven days of completion of private mediation of the status of their settlement efforts.

VII. FURTHER SCHEDULING

All further scheduling dates will be set after the court's ruling on plaintiff's motion for class certification.

VIII. MODIFICATION OF STATUS (PRETRIAL SCHEDULING) ORDER

The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court upon a showing of good cause. Agreement of the parties by stipulation alone does not constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel does not constitute good cause.

IX. OBJECTIONS TO STATUS (PRETRIAL SCHEDULING) ORDER

This Status Order will become final without further order of the court unless objections are filed within fourteen (14) calendar days of service of this Order.

IT IS SO ORDERED.


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