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Montes v. Sears Holdings Management Corp.

United States District Court, C.D. California

February 13, 2017

Auroa Montes
v.
Sears Holdings Management Corporation, et al.

          Attorneys Present for Plaintiffs: Nissim Levin

          Attorneys Present for Defendants: Candice T. Zee

          Present: Honorable JOHN A. KRONSTADT, UNITED STATES DISTRICT JUDGE

          CIVIL MINUTES - GENERAL

         Proceedings: PLAINTIFF'S MOTION TO REMAND ACTION TO STATE COURT (DKT. 17) SCHEDULING CONFERENCE

         The Court states its tentative views that it is inclined to deny Plaintiff's Motion to Remand Action to State Court (the “Motion”). Counsel address the Court. The Court takes the Motion UNDER SUBMISSION and an order will be issued.

         The scheduling conference is held. The Court confers with counsel regarding the status of the case. The parties indicate in their February 3, 2017 Joint Report that they consent to a Magistrate Judge for all purposes. However, defense counsel believes that Defendant consents to a Magistrate Judge for discovery purposes only. The Court sets the following deadlines:

February 21, 2017:

Last day for Defendant to file declaration under penalty of perjury that it does not consent to a Magistrate Judge for all purposes. To the extent the parties confer and do consent to a Magistrate Judge to oversee the entire case, counsel shall file a joint report, which shall include the agreed upon Magistrate Judge from the consent program.

March 31, 2017:

Last day to amend or add parties

April 3, 2017

Last day to participate in a settlement conference/mediation

April 7, 2017:

Last day to file notice of settlement / joint report re settlement

April 17, 2017 at 1:30 p.m.:

Post Mediation Status Conference

October 2, 2017:

Non-Expert Discovery Cut-Off

October 16, 2017:

Initial Expert Disclosures

October 30, 2017:

Rebuttal Expert Disclosures

November 13, 2017:

Expert Discovery Cut-Off

November 13, 2017:

Last day to file motions (including discovery motions)

February 5, 2018:

Last day to hear motions (including discovery motions)

March 5, 2018:

Anticipated ruling on all motions

March 19, 2018:

Last day to file all pretrial documents

April 2, 2018 at 3:00 p.m.:

Final Pretrial Conference, Status Conference re Disputed Exhibits, and Hearing on Motions in Limine

April 17, 2018 at 9:00 a.m.:

Jury Trial (est. tbd days)

         The Court does not estimate the trial at seven days but will confer further with counsel at the time of the Final Pretrial Conference.

         The Court grants the parties' request to participate in a settlement conference with a member of the ADR Panel. The parties are ordered to have a representative with authority to make final decisions as to this matter present at the settlement conference. If a settlement is reached, the parties are ordered to file a notice of settlement, with a proposed date by which the matter will be dismissed. No appearance will be required on April 17, 2017, if such notice is filed on or before April 7, 2017. If a notice of settlement is not filed, counsel shall file a joint report by April 7, 2017, regarding the status of settlement and whether a second session would be productive. The joint report shall not disclose the substantive contents of any settlement communications between the parties.

         Counsel for all parties shall comply with this Court's standing orders with respect to documents to be prepared and filed in ...


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