Free Report of Rule 26(f) Planning Meeting - District Court of California - California

Case 3:08-cv-00417-L-BLM
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Document 9

Filed 04/23/2008

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GREGG C. SINDICI, Bar No. 058314 JUSTIN A. MORELLO, Bar No. 239250 LITTLER MENDELSON A Professional Corporation 501 W. Broadway, Suite 900 San Diego, CA 92101.3577 Telephone: 619.232.0441 Attorneys for Defendant AUTOZONE STORES, INC. CHARLES MOORE, Bar No. 180211 SEAN SIMPSON, Bar Na. 145514 JUSTIN R. DORR, Bar No. 221839 SIMPSON & MO9RE, LLP 121 Broadway, Suite 644 San Diego, CA 92101 Telephone: 619.236.9696 Attorneys for Plaintiff ROSARIO JUAREZ UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ROSARIO JUAREZ, Case No. 08CV417-L(BLM)

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Plaintiff,

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v.

JOINT RULE 26(f) CONFERENCE REPORT
Complaint Filed: January 18, 2008

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AUTOZONE STORES, INC.,

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Defendant.

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LITTLER MENDELSON
501 tt Broadway Suit* 900 Sin Diljo, CA 92101 3577 619 232.0441

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Under Federal Rule of Civil Procedure 26(f), on April 17, 2008, Charles

Moore, counsel for Plaintiff Rosario Juarez, and Justin Morello, Littler Mendelson, P.C., counsel for Defendant AutoZone held a telephonic conference. conference statement. 2. The parties agree to limit the number of discovery requests per the Federal The parties agreed to the following joint

Rules of Civil Procedure. 3. were not able to agree upon key stipulations including, by way of example

only, the number of discovery requests that each party may propound, the type of any settlement procedure, the date for which this case would be ready for trial, and the length of the trial. The
RULE 26(F) CONFERENCE REPORT Case No. 08CV417-L(BLM)

Case 3:08-cv-00417-L-BLM
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Document 9

Filed 04/23/2008

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parties were therefore unable to prepare and file a Joint Conference Statement. The following dates are proposed by Defendant AutoZone only. 4. Pre-Discovery Disclosures. The parties agreed to disclose, by May 1, 2008,

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LITTLER MENDELSON
501 W Broidwiy

the information required by Federal Rule of Civil Procedure 26(a)(l)(A)-(D). 5. Discovery Plan.

The parties agree that discovery will be needed regarding the following subjects: the basis for all of Plaintiffs claims for relief against Defendant, any and all damages which Plaintiff alleges to have sustained, and Defendant's defenses. Specifically, the parties agree discovery will be needed regarding Plaintiffs wage and hour records, policies related to Plaintiffs employment, Plaintiffs personnel file, notes, memoranda and related documents regarding Plaintiffs employment - especially as those documents relate to her promotion and subsequent demotion, and e-mails or other documents generated by Kenneth McFall or other AutoZone employees regarding Plaintiffs employment, promotion, or demotion, and all documents regarding Plaintiffs administrative claim filed with the DFEH and/or EEOC. At this time it is too early to present a comprehensive discovery plan. But the parties expect to propound interrogatories, special interrogatories, document requests, and possibly request for admission within the limits imposed by the Federal Rules of Civil Procedure. Defendant may also seek to have Plaintiff undergo an independent medical examination depending on the extent of Plaintiffs claimed emotional distress injuries. Defendant proposes that all discovery (except from retained experts) should be commenced at such time as to be completed by August 22,2008. Defendant proposes that the parties should serve on each other the expert disclosures required by Fed. R. Civ. P. 26(a)(2) according to code. 6. Other items. All discovery motions should be filed to be heard on or before October 1, 2008. This cut-off date permits for the completion of discovery and the resolution of all discovery disputes prior to the filing of any dispositive motion.
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RULE 26(F) CONFERENCE REPORT

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Case No. 08CV417-L(BLM)

04-23-08 oi,32M Prom-Simpson t Moore, Document Case 3:08-cv-00417-L-BLM LLP PR-2S-2008 13:38 ROlMi

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Filed 236 9697 619 04/23/2008

Page 3 of 4 T-564 P.004/004 F-790

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Any and all potentially dispositive motions should be filed to be heard on or before
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judgment or summary adjudication. Disclosures under the Federal 'Rule of Civil Procedure 26(a)(3) should be due · December 12. 2008. Parties should have 1? days after service of the final list of witnesses and exhibits to list objections per Federal Rule of Civil Procedure 26(aX3). The Pretrial Conference should be calendared for late January 2008. The case should be ready for trial by February 2008, The parties expect the trial would last approximately (5) days. 7. Settlement Discussions To Date While Defendant will participate in good raith in any settlement conference conducted by Ate Court, Defendant docs not at this time stipulate to participate in mediation or any type of binding settlement procedure.

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Dated: April 2i^L> 2008

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CHARLES MOORE . SEAN SIMPSON JUSTIN R. DORR SIMPSON & MOORE, LLP Attorneys for Plaintiff ROSA3UO JUAREZ Dated: April , 2008

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Flrmw»«te;IW«K>636.l 013306.3123

GREGG C. SINDICl JUSTIN A, MORELLO LITTLER MENDELSON A Professional Corporation Attorneys for Defendant AUTOZONE STORES, INC,

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RULE 2$(F) CONFERENCE REPORT

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Case No. 08CV417-L (BLM)

Case 3:08-cv-00417-L-BLM

Document 9

Filed 04/23/2008

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Any and all potentially dispositive motions should be filed to be heard on or before November 24, 2008. The parties respectively reserve the right to file motions for summary

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judgment or summary adjudication. Disclosures under the Federal 'Rule of Civil Procedure 26(a)(3) should be due December 12, 2008. Parties should have 15 days after service of the final list of witnesses and exhibits to list objections per Federal Rule of Civil Procedure 26(a)(3). The Pretrial Conference should be calendared for late January 2008. The case should be ready for trial by February 2008. The parties expect the trial would last approximately (5) days. 7. Settlement Discussions To Date While Defendant will participate in good faith in any settlement conference conducted by the Court, Defendant does not at this time stipulate to participate in mediation or any type of binding settlement procedure.

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Dated: April

_, 2008

CHARLES MOORE SEAN SIMPSON JUSTIN R. DORR SIMPSON & MOORE, LLP Attorneys for Plaintiff ROSARIO JUAREZ Dated: April 2~*> . 2008

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Firmwide: 84929636.1 013306.2125

GIjEetTC. SINDICI JSTIN A. MORELLO LITTLER MENDELSON A Professional Corporation Attorneys for Defendant AUTOZONE STORES, INC.

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LITTLER MENDELSON A PROFESSIONAL CORPORATION 501 W Broidwiy Suit* 900 Sin Diego, CA 92101 3577 619 2320441

RULE 26(F) CONFERENCE REPORT

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Case No. 08CV417-L (BLM)