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Boyd v. McCurley

August 5, 2010

ROBERT BOYD AND RICK DANIELS, PLAINTIFFS,
v.
WAYNE MCCURLEY AND VELDA MCCURLEY, DEFENDANTS.



STATUS (PRETRIAL SCHEDULING) ORDER After reviewing the parties' Joint Status Report, the court hereby vacates the Status (Pretrial Scheduling) Conference scheduled for August 9, 2010.

I. SERVICE OF PROCESS

The named defendants have been served and no further service is permitted without leave of court, good cause having been shown under Federal Rule of Civil Procedure 16(b).

II. JOINDER OF PARTIES/AMENDMENTS

Within 30 days from the date of this Order, plaintiffs may amend the Complaint to allege a collective action pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 201-219. Aside from this amendment, no further joinder of parties or amendments to pleadings 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 federal question jurisdiction, 28 U.S.C. § 1331, based on plaintiff's claims for violations of the Fair Labor Standards Act. Venue is undisputed and is hereby found to be proper.

IV. DISCOVERY

The parties have indicated their intention to serve the initial disclosures required by Federal Rule of Civil Procedure 26(a)(1) on August 6, 2010. If they have not already done so, the parties shall serve the disclosures required by Rule 26(a)(1) no later than August 23, 2010.

The parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than January 10, 2011.

Although plaintiffs have indicated that they wish to conduct discovery in phases, they have not presented the court with a proposed timeline for these phases or a reason to believe that phased discovery will serve the interests of convenience of justice. See Fed. R. Civ. P. 26(d)(2). 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 April 18, 2011. 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) not later than April 18, 2011.

V. MOTION HEARING SCHEDULE

All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before May 31, 2011. 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 opposing such motions on the court's regularly scheduled law and motion calendar.

VI. FINAL PRETRIAL CONFERENCE

The Final Pretrial Conference is set for August 8, 2011, at 2:00 p.m. in Courtroom No. 5. The conference shall be attended by at least one of the attorneys who will conduct the trial for ...


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