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Abrantes v. Russo

United States District Court, E.D. California

November 21, 2017

JOGERT ABRANTES, Plaintiffs,
v.
PAUL RUSSO, Defendant.

          SCHEDULING ORDER (FED. R. CIV. P 16)

         I. Date of Scheduling Conference

         The Scheduling Conference was held on November 21, 2017.

         II. Appearances of Counsel

         Thomas Wheeler telephonically appeared on behalf of Plaintiff. There was no appearance by the defendant.

         III. Consent to Magistrate Judge

         The parties have not filed a consent or decline form.

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

         The parties shall exchange the initial disclosures required by Fed.R.Civ.P. 26(a)(1) by December 12, 2017.

         V. Amendments to Pleading

         The parties do not anticipate any amendment to the pleadings. 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

         Plaintiff has requested 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 June 4, 2018. The hearing on the motion shall be set in compliance with the Local Rules.

         VII. Discovery Plan ...


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