Bryan Pringle v. William Adams Jr et al

Filing 63

ORDER SETTING SCHEDULING CONFERENCE by Judge Josephine Staton Tucker. Scheduling Conference set for 3/7/2011 at 01:30 p.m. before Judge Josephine Staton Tucker. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (dro)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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BRYAN PRINGLE, etc.,
Plaintiff/s,

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v.
WILLIAM ADAMS JR., etc., et al.,
Defendant/s

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Case No. SACV 10-1656-JST(RZx)
ORDER SETTING SCHEDULING
CONFERENCE FOR
MARCH 7, 2011
1:30 P.M., COURTROOM 10-A

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READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM

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THE LOCAL RULES.

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This case has been assigned to Judge Josephine Staton Tucker. If plaintiff has

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not already served the complaint (or any amendment thereto) on all defendants, plaintiff

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shall promptly do so and shall file proofs of service within three (3) days thereafter.

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Defendants 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 case is set for a scheduling conference under Fed. R. Civ. P. 16(b) on the

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date and time stated in the caption of this Order, in Courtroom 10-A of the Ronald

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Reagan Federal Building and United States Courthouse, 411 West Fourth Street, Santa

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Ana, California. Unless excused for good cause shown in advance of the scheduling

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conference, lead counsel shall appear at the scheduling conference and at all pretrial

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hearings fully informed concerning the facts of the case.

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1.

Joint Rule 26(f) Report and ADR-01 Form

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As provided in Fed. R. Civ. P. 26(f), the parties shall meet at least 21 days before

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the scheduling conference and file a Joint 26(f) Report ("Report") no later than 14

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days before the date set for the scheduling conference. The Report shall be drafted

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by plaintiff (unless the parties agree otherwise), but shall be submitted and signed

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jointly. “Jointly” contemplates a single report, regardless of how many separately-

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represented parties there are. The Report shall separately address all matters described

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below, which include those required to be discussed by Fed. R. Civ. P. 26(f) and Local

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Rule 26:

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a.

main claims, counterclaims, and affirmative defenses.

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

b.

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

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c.

Damages: the realistic range of provable damages.

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d.

Insurance: whether there is insurance coverage, the extent of coverage,
and whether there is a reservation of rights.

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e.

parties or claims, file amended pleadings, transfer venue, etc.

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f.

g.

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 procedures of
the Manual for Complex Litigation should be utilized.

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Motions: a statement of the likelihood of motions seeking to add other

h.

Discovery Plan: a detailed discovery plan, as contemplated by Fed. R.

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Civ. P. 26(f)(3), including a discussion of the proposed dates for expert

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witness disclosures under Fed. R. Civ. P. 26(a)(2)(see Local Rule 26-1(f)).

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A statement that discovery will be conducted as to all claims and

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defenses, or other vague description, is not acceptable.

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i.

final day for completion of discovery.

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Discovery cut-off: a proposed discovery cut-off date. This means the

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Dispositive motions: a description of the issues or claims that any party

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believes may be determined by motion for summary judgment or motion

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in limine.

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k.

Settlement: a statement of what settlement discussions or written

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communications have occurred (excluding any statement of the terms

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discussed) and a statement pursuant to Local Rule 16-15.4 selecting a

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settlement mechanism under that Rule. Note, however, that the parties

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may not choose a settlement conference before the magistrate judge.

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Along with the Report, parties shall submit a completed ADR-01

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"Settlement Procedure Selection" Form that designates selection of either

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Settlement Procedure 2 or 3. A copy of the ADR-01 form can be found in

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the "Forms" section of the Central District of California's official website

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(http://www.cacd.uscourts.gov). No case will proceed to trial unless all

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parties, including the principals of all corporate parties, have appeared

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personally at a settlement conference.

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l.

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

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whether trial will be by jury or by court. Each side should specify (by

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number, not by name) how many witnesses it contemplates calling. If the

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time estimate for trial given in the Report exceeds four court days, counsel

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shall be prepared to discuss in detail the estimate.

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m.

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

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n.

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

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should consider appointing a master pursuant to Fed. R. Civ. P. 53 or an

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independent scientific expert. (The appointment of a master may be
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especially appropriate if there are likely to be substantial discovery

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disputes, numerous claims to be construed in connection with a summary

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judgment motion, a lengthy Daubert hearing, a resolution of a difficult

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computation of damages, etc.)

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o.

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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discovery in foreign jurisdictions, etc.) and any proposals concerning
severance, bifurcation, or other ordering of proof.

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The Report should set forth the above-described information under section
headings corresponding to those in this Order.

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2.

Notice to be Provided by Counsel

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Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel, shall

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provide this Order to any parties who first appear after the date of this Order and to

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parties who are known to exist but have not yet entered appearances.

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3.

Disclosures to Clients

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Counsel are ordered to deliver to their respective clients a copy of this Order and

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of the Court’s trial order, which will contain the schedule that the Court sets at the

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scheduling conference.

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The Court thanks the parties and their counsel for their anticipated cooperation in
complying with these requirements.

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IT IS SO ORDERED.
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Dated: December 15, 2010
JOSEPHINE STATON TUCKER
JOSEPHINE STATON TUCKER
United States District Judge

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