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

12 MICHAEL HERRON, No. 2:20-cv-00140 WBS KJN 13 Plaintiff, 14 v. 15 NATIONAL RAILROAD PASSENGER CORPORATION doing business as 16 AMTRAK, and DOES 1 through 10, inclusive, 17 Defendants. 18

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STATUS (PRETRIAL SCHEDULING) ORDER

21 After reviewing the parties’ Joint Status Report, the 22 court hereby vacates the Status (Pretrial Scheduling) Conference 23 scheduled for May 11, 2020, and makes the following findings and 24 orders without needing to consult with the parties any 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 1 under Federal Rule of Civil Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 7 (9th Cir. 1992). 8 III. JURISDICTION/VENUE 9 Jurisdiction is predicated upon federal question 10 jurisdiction, 28 U.S.C. § 1331, because the action arises under 11 the Americans with Disabilities Act, 42 U.S.C. § 12132, et seq. 12 The court has supplemental jurisdiction over plaintiff’s state 13 law claims pursuant to 28 U.S.C. § 1367. Venue is undisputed and 14 hereby found to be proper. 15 IV. DISCOVERY 16 The parties agreed to serve the initial disclosures 17 required by Federal Rule of Civil Procedure 26(a)(1) on April 29, 18 2020. 19 The parties shall disclose experts and produce reports 20 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 21 later than February 19, 2021. With regard to expert testimony 22 intended solely for rebuttal, those experts shall be disclosed 23 and reports produced in accordance with Federal Rule of Civil 24 Procedure 26(a)(2) on or before March 19, 2021. 25 All discovery, including depositions for preservation 26 of testimony, is left open, save and except that it shall be so 27 conducted as to be completed by April 16, 2021. The word 28 “completed” means that all discovery shall have been conducted so 1 that all depositions have been taken and any disputes relevant to 2 discovery shall have been resolved by appropriate order if 3 necessary and, where discovery has been ordered, the order has 4 been obeyed. All motions to compel discovery must be noticed on 5 the magistrate judge’s calendar in accordance with the local 6 rules of this court and so that such motions may be heard (and 7 any resulting orders obeyed) not later than April 16, 2021. 8 V. MOTION HEARING SCHEDULE 9 All motions, except motions for continuances, temporary 10 restraining orders, or other emergency applications, shall be 11 filed on or before June 7, 2021. All motions shall be noticed 12 for the next available hearing date. Counsel are cautioned to 13 refer to the local rules regarding the requirements for noticing 14 and opposing such motions on the court’s regularly scheduled law 15 and motion calendar. 16 VI. FINAL PRETRIAL CONFERENCE 17 The Final Pretrial Conference is set for August 16, 18 2021, at 1:30 p.m. in Courtroom No. 5. The conference shall be 19 attended by at least one of the attorneys who will conduct the 20 trial for each of the parties and by any unrepresented parties. 21 Counsel for all parties are to be fully prepared for 22 trial at the time of the Pretrial Conference, with no matters 23 remaining to be accomplished except production of witnesses for 24 oral testimony. Counsel shall file separate pretrial statements, 25 and are referred to Local Rules 281 and 282 relating to the 26 contents of and time for filing those statements. In addition to 27 those subjects listed in Local Rule 281(b), the parties are to 28 provide the court with: (1) a plain, concise statement which 1 identifies every non-discovery motion which has been made to the 2 court, and its resolution; (2) a list of the remaining claims as 3 against each defendant; and (3) the estimated number of trial 4 days. 5 In providing the plain, concise statements of 6 undisputed facts and disputed factual issues contemplated by 7 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 8 that remain at issue, and any remaining affirmatively pled 9 defenses thereto. If the case is to be tried to a jury, the 10 parties shall also prepare a succinct statement of the case, 11 which is appropriate for the court to read to the jury. 12 VII. TRIAL SETTING 13 The jury trial is set for October 5, 2021 at 9:00 a.m. 14 The parties estimate that the trial will last five to seven days. 15 VIII. SETTLEMENT CONFERENCE 16 A Settlement Conference will be set at the time of the 17 Pretrial Conference. All parties should be prepared to advise 18 the court whether they will stipulate to the trial judge acting 19 as settlement judge and waive disqualification by virtue thereof. 20 Counsel are instructed to have a principal with full 21 settlement authority present at the Settlement Conference or to 22 be fully authorized to settle the matter on any terms. At least 23 seven calendar days before the Settlement Conference counsel for 24 each party shall submit a confidential Settlement Conference 25 Statement for review by the settlement judge. If the settlement 26 judge is not the trial judge, the Settlement Conference 27 Statements shall not be filed and will not otherwise be disclosed 28 to the trial judge. WADE 2 EIT VV DOING IN RVUs eT AYO VI

1 IX. MODIFICATIONS TO SCHEDULING ORDER 2 Any requests to modify the dates or terms of this 3 Scheduling Order, except requests to change the date of the 4 trial, may be heard and decided by the assigned Magistrate Judge. 5 All requests to change the trial date shall be heard and decided 6 only by the undersigned judge. 7 IT IS SO ORDERED. 8 | Dated: May 5, 2020 hhh an~ Ve 2d. bE 9 WILLIAM B. SHUBB

UNITED STATES DISTRICT JUDGE

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