Velazquez v. Nissan North America, Inc.

Summary

This document is a pretrial scheduling order and order dismissing Doe defendants in Velazquez v. Nissan North America, Inc., a diversity action involving claims under the California Song-Beverly Act. It establishes discovery, motion, settlement, pretrial, and trial deadlines and dismisses Does 1-10 without prejudice to a later motion to amend.

Holdings

1. The ten Doe defendants were dismissed from the action because plaintiff confirmed at the scheduling conference that their dismissal was appropriate.
2. Plaintiff may seek to add additional named defendants after discovering their identities only by filing a motion to amend for court review.
3. The scheduling order may be modified only by leave of court upon a showing of good cause; party agreement alone and ordinary unavailability of witnesses or counsel do not establish good cause.

Questions Presented

1. Whether dismissal of the ten Doe defendants was appropriate after plaintiff confirmed that their dismissal was appropriate.
2. What deadlines and procedures should govern discovery, motions, pretrial proceedings, and trial.
3. What standard governs future requests to modify the scheduling order.

Disposition

other