Opinion

Brown v. United Parcel Service, Inc.

Court
District Court, E.D. California
Filed
Jul 17, 2025
Cited by
0 cases
Authority
More cited than 38.0%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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12 MICHAEL BROWN, No. 2:25-cv-986 WBS AC

13 Plaintiff,

14 v.

15 UNITED PARCEL SERVICE, INC.; and

DOES 1 through 20, inclusive,

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Defendants.

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20 STATUS (PRETRIAL SCHEDULING) ORDER

21 After reviewing the parties’ Joint Status Report

22 (Docket No. 12), the court hereby vacates the Status (Pretrial

23 Scheduling) Conference scheduled for July 28, 2025, and makes the

24 following findings and orders without needing to consult with the

25 parties any further.

26 I. SERVICE OF PROCESS

27 All defendants have been served, and no further service

28 is permitted without leave of court, good cause having been shown

1 under Federal Rule of Civil Procedure 16(b).

2 II. JOINDER OF PARTIES/AMENDMENTS

3 No further joinder of parties or amendments to

4 pleadings will be permitted except with leave of court, good

5 cause having been shown under Federal Rule of Civil Procedure

6 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,

7 607-10 (9th Cir. 1992).

8 III. JURISDICTION/VENUE

9 Jurisdiction is predicated upon 28 U.S.C. § 1332,

10 because the parties are completely diverse and the amount-in-

11 controversy exceeds $75,000.00, in this employment discrimination

12 action. Venue is undisputed and hereby found to be proper.

13 IV. DISCOVERY

14 The parties agree to serve the initial disclosures

15 required by Federal Rule of Civil Procedure 26(a)(1) on or before

16 August 27, 2025.

17 The parties shall disclose experts and produce reports

18 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no

19 later than July 6, 2026. With regard to expert testimony

20 intended solely for rebuttal, those experts shall be disclosed

21 and reports produced in accordance with Federal Rule of Civil

22 Procedure 26(a)(2) on or before August 20, 2026.

23 All discovery, including depositions for preservation

24 of testimony, is left open, save and except that it shall be so

25 conducted as to be completed by October 5, 2026. The word

26 “completed” means that all discovery shall have been conducted so

27 that all depositions have been taken and any disputes relevant to

28 discovery shall have been resolved by appropriate order if

1 necessary and, where discovery has been ordered, the order has

2 been obeyed. All motions to compel discovery must be noticed on

3 the magistrate judge’s calendar in accordance with the local

4 rules of this court and so that such motions may be heard (and

5 any resulting orders obeyed) not later than October 5, 2026.

6 V. MOTION HEARING SCHEDULE

7 All motions, except motions for continuances, temporary

8 restraining orders, or other emergency applications, shall be

9 filed on or before December 4, 2026. All motions shall be

10 noticed for the next available hearing date. Counsel are

11 cautioned to refer to the local rules regarding the requirements

12 for noticing and opposing such motions on the court’s regularly

13 scheduled law and motion calendar.

14 VI. FINAL PRETRIAL CONFERENCE

15 The Final Pretrial Conference is set for February 22,

16 2027, at 1:30 p.m. in Courtroom No. 5. The conference shall be

17 attended by at least one of the attorneys who will conduct the

18 trial for each of the parties and by any unrepresented parties.

19 Counsel for all parties are to be fully prepared for

20 trial at the time of the Pretrial Conference, with no matters

21 remaining to be accomplished except production of witnesses for

22 oral testimony. Counsel shall file separate pretrial statements

23 and are referred to Local Rules 281 and 282 relating to the

24 contents of and time for filing those statements. In addition to

25 those subjects listed in Local Rule 281(b), the parties are to

26 provide the court with: (1) a plain, concise statement which

27 identifies every non-discovery motion which has been made to the

28 court, and its resolution; (2) a list of the remaining claims as

1 against each defendant; and (3) the estimated number of trial

2 days.

3 In providing the plain, concise statements of

4 undisputed facts and disputed factual issues contemplated by

5 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims

6 that remain at issue, and any remaining affirmatively pled

7 defenses thereto. If the case is to be tried to a jury, the

8 parties shall also prepare a succinct statement of the case,

9 which is appropriate for the court to read to the jury.

10 VII. TRIAL SETTING

11 The jury trial is set for April 27, 2027, at 9:00 a.m.

12 The parties estimate that the trial will last 5-7 days.

13 VIII. SETTLEMENT CONFERENCE

14 A Settlement Conference with a magistrate judge will be

15 set at the time of the Pretrial Conference. Counsel are

16 instructed to have a principal with full settlement authority

17 present at the Settlement Conference or to be fully authorized to

18 settle the matter on any terms. At least seven calendar days

19 before the Settlement Conference counsel for each party shall

20 submit a confidential Settlement Conference Statement for review

21 by the settlement judge. The Settlement Conference Statements

22 shall not be filed and will not otherwise be disclosed to the

23 trial judge.

24 IX. MODIFICATIONS TO SCHEDULING ORDER

25 Any requests to modify the dates or terms of this

26 Scheduling Order, except requests to change the date of the

27 trial, may be heard and decided by the assigned Magistrate Judge.

28 All requests to change the trial date shall be heard and decided

ene I EE IIE IE EO III ROI IIE II OS III IEE

1 only by the undersigned judge.

2 IT IS SO ORDERED.

3 | Dated: July 17, 2025 tleom ah. A. be—~

WILLIAMB.SHUBB ©.

UNITED STATES DISTRICT JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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