The opinion
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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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12 XAVIER DEJUAN BROWN, an No. 2:25-cv-2720 WBS JDP
individual,
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Plaintiff,
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v.
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T-MOBILE USA, INC.; and DOES
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17 Defendants.
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20 STATUS (PRETRIAL SCHEDULING) ORDER
21 After reviewing the parties’ Joint Status Report, the
22 court hereby vacates the Status (Pretrial Scheduling) Conference
23 scheduled for January 26, 2026, and makes the following findings
24 and orders without needing to consult with the parties any
25 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 (9th Cir. 1992).
8 III. JURISDICTION/VENUE
9 Jurisdiction in this employment discrimination action
10 is predicated upon 28 U.S.C. §§ 1332(a), 1441, and 1446, because
11 the parties are diverse and the amount in controversy is greater
12 than $75,000.00. Venue is undisputed and hereby found to be
13 proper.
14 IV. DISCOVERY
15 The parties agree to serve the initial disclosures
16 required by Federal Rule of Civil Procedure 26(a)(1) on or before
17 February 25, 2026.
18 The parties shall disclose experts and produce reports
19 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no
20 later than September 9, 2026. With regard to expert testimony
21 intended solely for rebuttal, those experts shall be disclosed
22 and reports produced in accordance with Federal Rule of Civil
23 Procedure 26(a)(2) on or before October 9, 2026.
24 All discovery, including depositions for preservation
25 of testimony, is left open, save and except that it shall be so
26 conducted as to be completed by November 9, 2026. The word
27 “completed” means that all discovery shall have been conducted so
28 that all depositions have been taken and any disputes relevant to
1 discovery shall have been resolved by appropriate order if
2 necessary and, where discovery has been ordered, the order has
3 been obeyed. All motions to compel discovery must be noticed on
4 the magistrate judge’s calendar in accordance with the local
5 rules of this court and so that such motions may be heard (and
6 any resulting orders obeyed) not later than November 9, 2026.
7 V. MOTION HEARING SCHEDULE
8 All motions, except motions for continuances, temporary
9 restraining orders, or other emergency applications, shall be
10 filed on or before January 4, 2027. All motions shall be noticed
11 for the next available hearing date. Counsel are cautioned to
12 refer to the local rules regarding the requirements for noticing
13 and opposing such motions on the court’s regularly scheduled law
14 and motion calendar.
15 VI. FINAL PRETRIAL CONFERENCE
16 The Final Pretrial Conference is set for March 8, 2027,
17 at 1:30 p.m. in Courtroom No. 5. The conference shall be
18 attended by at least one of the attorneys who will conduct the
19 trial for each of the parties and by any unrepresented parties.
20 Counsel for all parties are to be fully prepared for
21 trial at the time of the Pretrial Conference, with no matters
22 remaining to be accomplished except production of witnesses for
23 oral testimony. Counsel shall file separate pretrial statements,
24 and are referred to Local Rules 281 and 282 relating to the
25 contents of and time for filing those statements. In addition to
26 those subjects listed in Local Rule 281(b), the parties are to
27 provide the court with: (1) a plain, concise statement which
28 identifies every non-discovery motion which has been made to the
1 court, and its resolution; (2) a list of the remaining claims as
2 against each defendant; and (3) the estimated number of trial
3 days.
4 In providing the plain, concise statements of
5 undisputed facts and disputed factual issues contemplated by
6 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims
7 that remain at issue, and any remaining affirmatively pled
8 defenses thereto. If the case is to be tried to a jury, the
9 parties shall also prepare a succinct statement of the case,
10 which is appropriate for the court to read to the jury.
11 VII. TRIAL SETTING
12 The jury trial is set for May 11, 2027, at 9:00 a.m.
13 The parties estimate that the trial will last 7 days.
14 VIII. SETTLEMENT CONFERENCE
15 A Settlement Conference with a magistrate judge will be
16 set at the time of the Pretrial Conference. Counsel are
17 instructed to have a principal with full settlement authority
18 present at the Settlement Conference or to be fully authorized to
19 settle the matter on any terms. At least seven calendar days
20 before the Settlement Conference counsel for each party shall
21 submit a confidential Settlement Conference Statement for review
22 by the settlement judge. The Settlement Conference Statements
23 shall not be filed and will not otherwise be disclosed to the
24 trial judge.
25 IX. MODIFICATIONS TO SCHEDULING ORDER
26 Any requests to modify the dates or terms of this
27 Scheduling Order, except requests to change the date of the
28 trial, may be heard and decided by the assigned Magistrate Judge.
EIR EEE nn ne on nnn nn ID OE
1 All requests to change the trial date shall be heard and decided
2 only by the undersigned judge.
3 IT IS SO ORDERED.
4 Dated: January 21, 2026 hte a ak pag! s-~<——
5 WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE
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