UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 27, 2012
JORGE MONTERRUBIO, INDIVIDUALLY AND ON BEHALF OF SIMILARLY SITUATED, PLAINTIFF,
BEST BUY STORES, L.P., DEFENDANT.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
PRETRIAL SCHEDULING ORDER
After reviewing the parties' Joint Status Report, the Court makes the following Pretrial Scheduling Order.
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. ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS
No joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown. The Court will grant, however, the parties' request to amend their pleadings and/or join additional parties up to and including April 26, 2012.
Jurisdiction is predicated upon 28 U.S.C. section 1332. Jurisdiction and venue are not contested.
The Court grants the parties' request to bifurcate the discovery process. All discovery in Phase I shall be limited to facts that are relevant to whether this action should be certified as a class action and shall be completed by October 11, 2012. In this context, "completed" means that all discovery shall have been conducted so that all depositions have been taken and any disputes relative 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.
The Court grants the parties' request that each party may be allowed to propound 35 interrogatories to the other party. In addition, the parties may exceed the deposition limit set forth in Fed.R.Civ.P. 30(a)(2)(A) in the event either party files more than 10 declarations of putative class members.
V. CLASS CERTIFICATION
The Class Certification Hearing is set for March 21, 2013, at 2:00 p.m. The parties shall comply with the following filing deadlines:
Certification motion filed by December 11, 2012 Opposition filed by January 25, 2013 Reply filed by March 1, 2013
The Court places a page limit for points and authorities (exclusive of exhibits and other supporting documentation) of twenty (20) pages on all initial moving papers, twenty (20) pages on oppositions, and ten (10) pages for replies. All requests for page limit increases must be made in writing to the Court setting forth any and all reasons for any increase in page limit at least fourteen (14) days prior to the filing of the motion.
For the Court's convenience, citations to Supreme Court cases should include parallel citations to the Supreme Court Reporter.
VI. POST-CERTIFICATION CASE ACTIVITY
All other necessary dates and deadlines, including dates for the Final Pretrial Conference and Trial, along with all deadlines associated therewith, will be set by a Supplemental Pretrial Scheduling Order to be issued following the class certification hearing.
VII. OBJECTIONS TO PRETRIAL SCHEDULING ORDER
This Pretrial Scheduling Order will become final without further order of the Court unless objections are filed within seven (7) court days of service of this Order.
IT IS SO ORDERED.
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