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Goebel v. Stranded LLC

United States District Court, E.D. California

May 2, 2018

DAVID GOEBEL, Plaintiff,
v.
STRANDED LLC, et al., Defendants.

          STATUS (PRETRIAL SCHEDULING) ORDER

          EDMUND F. BRENNAN, UNITED STATES MAGISTRATE JUDGE

         Pursuant to the parties' joint status report (ECF No. 22), the court enters the following scheduling order[1]:

         NATURE OF CASE

         Plaintiff 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.

         SERVICE OF PROCESS

         Service of process is undisputed.

         JOINDER OF PARTIES/AMENDMENTS

         No further joinder of parties or amendments to pleadings is permitted except with leave of court, good cause having been shown.

         JURISDICTION/VENUE

         Jurisdiction and venue are not disputed.

         MOTION HEARING SCHEDULES

         All law 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)[2] 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.

         The 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.

         All 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 ...


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