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Valdez v. The Neil Jones Food Co.

United States District Court, Ninth Circuit

December 19, 2013

LUIS VALDEZ, et al., Plaintiffs,
v.
THE NEIL JONES FOOD COMPANY, Defendants.

SCHEDULING ORDER

STANLEY A. BOONE, Magistrate Judge.

I. Date of Scheduling Conference

The Scheduling Conference was held on December 17, 2013.

II. Appearances of Counsel

Dennis Wilson telephonically appeared on behalf of Plaintiffs. Michael Wilbur telephonically appeared on behalf of Defendants.

III. Consent to Magistrate Judge

Defendants have declined to proceed before a United States magistrate judge. Plaintiff has not filed a consent or decline form.

IV. Initial Disclosure under Fed.R.Civ.P. 26(a)(1)

The parties exchanged the initial disclosures required by Fed.R.Civ.P. 26(a)(1) prior to the scheduling conference.

V. Amendments to Pleading

Any motions or stipulations requesting leave to amend the pleadings must be filed by no later than December 30, 2013. The parties are advised that filing motions and/or stipulations requesting leave to amend the pleadings does not reflect on the propriety of the amendment or imply good cause to modify the existing schedule, if necessary. All proposed amendments must (A) be supported by good cause pursuant to Fed.R.Civ.P. 16(b) if the amendment requires any modification to the existing schedule, see Johnson v. Mammoth Recreations, Inc ., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish, under Fed.R.Civ.P. 15(a), that such an amendment is not (1) prejudicial to the opposing party, (2) the product of undue delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis , 371 U.S. 178, 182 (1962).

VI. Class Certification

The parties have agreed to a phased approach to this action. This first phase shall relate to class certification. Any motions for class certification shall be filed on or before December 26, 2014. Following the decision on Plaintiff's motion for class certification, a second scheduling order shall issue setting dates for the second ...


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