United States District Court, E.D. California
STATUS (PRETRIAL SCHEDULING) ORDER
F. BRENNAN, UNITED STATES MAGISTRATE JUDGE
to the parties' joint status report (ECF No. 22), the
court enters the following scheduling order:
brings this action under the California Labor Code and the
Fair Labor Standards Act, 29 U.S.C. §§ 201 et
seq. Plaintiff, who was employed as a driver by
defendants, alleges that defendants failed to properly
compensate him and other persons who performed transportation
services. Plaintiff alleges claims for: (1) failure to pay
timely wages, (2) failure to provide meal and rest breaks,
(3) failure to pay minimum wage and overtime, (4) failure to
provide adequate pay stubs, (5) civil penalties pursuant to
California's Attorney General Act, (6) violation of the
California Business and Professions Code, and (7) violation
of the Fair Labor Standards Act.
of process is undisputed.
further joinder of parties or amendments to pleadings is
permitted except with leave of court, good cause having been
and venue are not disputed.
and motion, except as to discovery, shall be
completed by June 12, 2019. The word
“completed” in this context means that all law
and motion matters must be heard by the above date. Counsel
(and/or pro se parties) are cautioned to refer to the Local
Rules regarding the requirements for noticing such motions on
the court's regularly scheduled law and motion calendar.
This paragraph does not preclude motions for continuances,
temporary restraining orders or other emergency applications,
and is subject to any special scheduling set forth in the
“Miscellaneous Provisions” paragraph below.
parties should keep in mind that the purpose of law and
motion is to narrow and refine the legal issues raised by the
case, and to dispose of by pretrial motion those issues that
are susceptible to resolution without trial. To accomplish
that purpose, the parties need to identify and fully research
the issues presented by the case, and then examine those
issues in light of the evidence gleaned through discovery. If
it appears to counsel after examining the legal issues and
facts that an issue can be resolved by pretrial motion,
counsel are to file the appropriate motion by the law and
motion cutoff set forth above.
purely legal issues are to be resolved by timely pretrial
motion. Counsel are reminded that motions in limine are
procedural devices designed to address the admissibility of
evidence. Counsel are cautioned that the court will look
with disfavor upon ...