Southern California Institute of Law v. TCS Education System et al

Filing 45

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Judge John A Kronstadt:. This case has been assigned to Judge John A. Kronstadt. A Rule 26 Meeting Report due by 6/23/2011. This matter has been set for a Scheduling Conference on 6/30/2011. This Order applies to all parties in this action, whether or not they are represented by counsel. Counsel as used in this Order, also refers to parties who are representing themselves. If plaintiff has not already served the complaint (or any amendment thereto) on each defendant, plaintiff shall promptly do so and shall file proofs of service within three days thereafter. Defendant(s) also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter. (See order for further details). (shb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN CALIFORNIA
INSTITUTE OF LAW,

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Plaintiff/s,

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v.

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TCS EDUCATION SYSTEM, et al.,
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Defendant/s.

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CASE NO. LA CV10-08026 JAK (AJWx)
ORDER SETTING RULE 16(b)
SCHEDULING CONFERENCE

Date: June 30, 2011
Time: 8:30 a.m.
Joint 26(f) Report Due:
June 23, 2011

_______________________________

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This case has been assigned to Judge John A. Kronstadt. This Order applies to all
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parties in this action, whether or not they are represented by counsel. “Counsel” as used
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in this Order, also refers to parties who are representing themselves. If plaintiff has not
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already served the complaint (or any amendment thereto) on each defendant, plaintiff
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shall promptly do so and shall file proofs of service within three days thereafter.
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Defendant(s) also shall timely serve and file their responsive pleadings and file proofs of
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service within three days thereafter.
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This matter is set for a scheduling conference on the above date. The conference
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will be held pursuant to Fed.R.Civ.P. 16(b). The parties are reminded of their
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obligations under Fed.R.Civ.P. 26(a)(1) to disclose information (without awaiting a

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discovery request) and under R. 26(f) to confer on a discovery plan not later than twenty-

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one (21) days prior to the scheduling conference and to file a

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report with the Court entitled “Joint Rule 16(b) Report” not later than fourteen (14) days

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after they confer. Please comply with these requirements; it will simplify the Scheduling

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Conference.
The Court encourages counsel to begin to conduct discovery actively before the

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Scheduling Conference. The Court encourages prompt, early discovery because at the

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Scheduling Conference the Court will set firm deadlines to complete discovery. Even if

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there is no agreement to conduct discovery prior to the Scheduling Conference, the

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parties shall comply fully with the letter and spirit of Fed.R.Civ.P. 26(a) and thereby

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obtain and produce most of what would be produced in the early stage of discovery.

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1.

Joint Rule 16(b) Report.
The Joint Rule 16(b) Report, which shall be filed not later than one week before

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the scheduling conference, shall be drafted by plaintiff’s counsel (unless the parties

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agree otherwise or unless plaintiff is self-represented, in which case defendant’s

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counsel), but shall be submitted and signed jointly. “Jointly” contemplates a single

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report, regardless of how many separately-represented parties there are. The Joint Rule

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16(b) Report shall report on all matters enumerated below, which include those required

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to be discussed by Rule 26(f) and Local Rule 26. The Joint Rule 26(f) Report should set

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forth the following information under section headings corresponding to those in this

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Order:

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a.

the main claims, counterclaims, and affirmative defenses.

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b.

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Subject matter jurisdiction: A statement of the specific basis of
federal jurisdiction, including supplemental jurisdiction.

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Statement of the case: A short synopsis (not to exceed two pages) of

c.

Legal issues: A brief description of the key legal issues, including
any unusual substantive, procedural or evidentiary issues.
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d.

Parties, and Non-Party Witnesses: A list of parties and percipient
witnesses on the main issues in the case. For conflict purposes,

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corporate parties must identify all subsidiaries, parents, and affiliates.

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e.

Damages: The realistic range of provable damages.

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f.

Insurance: Whether there is insurance coverage.

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g.

Motions: A statement of the likelihood of motions seeking to add
other parties or claims, file amended pleadings or transfer venue.

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h.

procedures of the Manual for Complex Litigation should be utilized.

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i.

Status of Discovery: A discussion of the present state of discovery,
including a summary of completed discovery.

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Manual for Complex Litigation: Whether all or part of the

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Discovery Plan: A detailed discovery plan, as contemplated by Rule

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26(f), including the identity of all anticipated deponents and dates

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by which their depositions are to be completed (if possible),

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anticipated written discovery requests, including requests for

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admission, document requests, and interrogatories, and a schedule

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for completion of all discovery. State what, if any, changes in the

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disclosures under Rule 26(a) should be made, the subjects on which

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discovery may be needed and whether discovery should be

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conducted in phases or limited in some manner, whether applicable

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limitations should be changed or other limitations imposed, and

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whether the Court should enter other orders. Please note that a

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statement to the effect that discovery will be conducted as to all

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claims and defenses, will not satisfy this requirement.

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k.

Discovery cut-off: A proposed discovery cut-off date. This means

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the final day for completion of non-expert discovery, including

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resolution of all discovery motions.

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l.

Expert discovery: Proposed dates for expert witness disclosures

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(initial and rebuttal) and expert discovery cut-off under Rule

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26(a)(2).

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m.

Dispositive motions: A description of the issues or claims that any

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party believes may be determined by motion for summary judgment

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or motion in limine.

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n.

Settlement: A statement of what settlement discussions or written

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communications have occurred (excluding any disclosure or

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discussion of the substantive matters or terms discussed) and a

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statement pursuant to Local Rule 16-15.4 about selecting a

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settlement mechanism under that Rule. If a case is selected for the

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ADR Program, the parties may choose private mediation at their

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own expense. No case will proceed to trial unless all parties with

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full authority to settle the case – including, as to each corporate

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party, an officer who has such authority – have appeared personally

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at a settlement conference.

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o.

Trial estimate: A realistic estimate of the time required for trial and

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whether trial will be by jury or by the Court. Each side should

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specify (by number, not by name) how many witnesses it

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contemplates calling. If the time estimate for trial given in the Joint

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Rule 26(f) Report exceeds five court days, counsel shall be prepared

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to discuss in detail the estimate.

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p.

including those will be lead trial counsel.

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Trial counsel: The name(s) of the attorney(s) who will try the case,

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Independent Expert or Master: Whether this is a case in which the

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Court should consider appointing a Master pursuant to Rule 53 or

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an independent scientific expert.

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r.

Timetable: Please complete the Schedule of Pretrial and Trial Dates

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form attached as Exhibit A to this Order and attach it to the Joint

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Rule 26(f) Report. The entries in the “Weeks Before Trial” column

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reflect what the Court believes are appropriate for most cases and

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will allow the Court to rule on potentially dispositive motions

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sufficiently far in advance of the pretrial conference. The form is

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designed to enable counsel to ask the Court to set different last dates

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by which the key requirements must be completed. Each side

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should fill in the month, day, and year it requests for each event.

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E.g., for the expert discovery cut-off it might be “10/7/12” for

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plaintiff and “10/28/12” for defendant, if they cannot agree. Each

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entry proposing a Court date shall be on a Monday, except the trial

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date, which will be a Tuesday. Counsel should ensure that

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requested dates do not fall on a court holiday. At the conference,

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the Court will review this form with counsel in determining the

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dates that will be set in the case. The cut-off date for motions is the

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last date on which motions may be heard, not filed. The Court is

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not likely to continue this date, and will not do so unless the trial

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date is also continued. Following the Scheduling Conference, the

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Court will issue an “Order on Court/Jury Trial.” This Order will set

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forth all pre-trial and trial obligations of counsel, and, where

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applicable, the deadlines for each.

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s.

Other issues: A statement of any other issues affecting the status or

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management of the case (e.g., unusually complicated technical or

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technological issues, disputes over protective orders, extraordinarily

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voluminous document production, non-English speaking witnesses,

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ADA-related issues, discovery in foreign jurisdictions) and any

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proposals concerning severance, bifurcation, or other ordering of

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proof.
Patent Cases: Propose dates and methodology for claim

t.

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construction and Markman hearings.

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u.

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Do the parties wish to have a Magistrate Judge preside? Under

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28 U.S.C. § 636, the parties may consent to have a Magistrate Judge preside

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over all the proceedings, not just discovery. They may select any Magistrate

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Judge (not just the one assigned to this case) from among those Magistrate

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Judges who accept these designations. (They are identified on the Central
District’s website, which also contains the consent form.)

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Scheduling Conference. The Scheduling Conference will be held in Courtroom

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2.

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750 of the Roybal Federal Courthouse at 255 East Temple Street. Counsel shall comply

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with the following with respect to the Scheduling Conference:

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a.

Participation. The lead trial attorney for each party shall attend the

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Scheduling Conference unless such counsel is engaged in trial, on

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vacation, or excused for good cause following a written request

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addressed to the Clerk in advance of the Scheduling Conference.

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b.

Continuance. A continuance of the Scheduling Conference will be

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granted only for good cause, following a written request addressed

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to the Clerk in advance of the Scheduling Conference.

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c.

Use of Conference Telephone. In general , the Court prefers in-

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person appearances. However, if one or more of the lead counsel

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has his or her office outside of Los Angeles County, or under other

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appropriate circumstances, the Court may, upon the request of one

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or more counsel, conduct the status conference by conference

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telephone call. Please contact the court clerk at [phone] to

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request approval of, and to receive details about, a call-in

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appearance.
Protective Orders. If you seek a protective order, please use your best efforts to

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3.

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propose it to opposing counsel before the Scheduling Conference.

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4.

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represented, defendant’s counsel, shall serve this Order on any parties who first appear

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after the date of this Order and to parties who are known to exist but have not yet entered

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appearances.

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5.

Notice to be Provided by Counsel. Plaintiff’s counsel or, if plaintiff is self-

Disclosures to Clients. Counsel are ordered to deliver to their respective clients

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a copy of this Order and of the Court’s Scheduling and Case Management Order, which

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will set forth the schedule that the Court establishes at the Scheduling Conference.

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6.

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California website, at “www.cacd.uscourts.gov,” under “Judge’s Requirements.”

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Court’s Website. A copy of this order is available on the Central District of

The Court thanks the parties and their counsel for their anticipated cooperation in
carrying out these requirements.

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IT IS SO ORDERED.

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Dated: June 7, 2011
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______________________
JOHN A. KRONSTADT
United States District Judge

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Copies to: All Counsel of Record
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SCHEDULE OF PRETRIAL AND TRIAL DATES
Case No.:
Case Name:

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Matter

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[

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Duration Estimate:

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Status Conference re Exhbits: (Friday at 3:00 p.m.)

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Friday before the trial date

] Jury Trial [

Plaintiff(s)
Request

Defendant(s)
Request

Court Order

Plaintiff(s)
Request

Defendant(s)
Request

Court Order

] Court Trial: (Tuesday at 9:00 a.m.)

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Final Pretrial Conference: (Monday at 1:30 p.m.)

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2 weeks before the trial

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Status Conference re Settlement: (Monday at 1:30 p.m.)

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30 days before the cut-off date

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Matter

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Weeks
Before
Trial

Last Date to Amend Pleadings/Add Parties

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Expert Disclosure (initial)

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Expert Disclosure (rebuttal)

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Last Date to Conduct Settlement Conference

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Expert Discovery Cut-Off

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Non-Expert Discovery Cut-Off

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Last Date to Hear Motions

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Settlement Procedure Selection (ADR-01):
1. Magistrate Judge
2. Attorney Settlement Officer Panel
3. Outside ADR/Non-Judicial

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