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Nielsen v. Trofholz Technologies

August 5, 2009

JASON NIELSEN, PLAINTIFF,
v.
TROFHOLZ TECHNOLOGIES, INC., A CALIFORNIA CORPORATION; ANDREW PARKER, AN INDIVIDUAL; BRENNA PEDONE, AN INDIVIDUAL, YVONNE GLENN, AN INDIVIDUAL; TROY GLENN, AN INDIVIDUAL; AND DOES 1-10, INCLUSIVE, DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER

After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for August 10, 2009, and makes the following findings and orders without needing to consult with the parties any further.

I. SERVICE OF PROCESS

All named defendants except Andrew Parker have been served. Plaintiff states that he has been unsuccessful in locating and serving Parker, and he believes that Parker may currently be on active duty in the United States Army. Plaintiff expects to be able to serve Parker within 160 days of filing the complaint, i.e., approximately forty days from the date of this Order.

Plaintiff shall complete service on Parker within forty (40) days of the date of this Order. Other than the service of defendant Parker, no further service will be permitted without leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b).

II. JOINDER OF PARTIES/AMENDMENTS

No further amendments to pleadings or joinder of parties will be permitted except with leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 42 U.S.C. § 2000e-5 (Title VII of the Civil Rights Act of 1964). Supplemental jurisdiction is predicated upon 28 U.S.C. § 1367. Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

The parties shall serve initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) no later than September 21, 2009.

The parties shall disclose any experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) no later than March 1, 2010. With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before April 5, 2010.

All discovery, including depositions for preservation of testimony, is left open, save and except that it shall be so conducted as to be completed by June 7, 2010. The word "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. All motions to compel discovery must be noticed on the Magistrate Judge's calendar in accordance with the local rules of this court and so that such motions may be heard (and any resulting orders obeyed) no later than June 7, 2010.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before July 26, 2010. All motions shall be noticed for the next available hearing date. Counsel are cautioned to refer to the local rules regarding the requirements for noticing and ...


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