Joe Hand Promotions, Inc. v. Campbell et al

Filing 50

SCHEDULING CONFERENCE ORDER signed by Magistrate Judge Sandra M. Snyder on 3/14/2012. Plaintiff's Expert Disclosure Deadline: 3/1/2013; Defendants' Expert Disclosure Deadline: 4/1/2013; Discovery due by 8/2/2013; Non-Dispositive Motions filed by 8/30/2013; Dispositive Motions filed by 10/25/2013; Settlement Conference set for 10/9/2013 at 10:30 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder; Pretrial Conference set for 12/12/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill; Jury Trial set for 2/4/2014 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Sant Agata, S)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18
19

JOE HAND PROMOTIONS, INC.,

)
)
Plaintiff,
)
)
vs.
)
)
OLEN L. CAMPBELL, et al.,
)
)
Defendants/
)
3rd -Party Plaintiffs, )
)
vs.
)
)
SUPERIOR SATELLITE, LLC,
)
)
3rd -Party Defendant.
)
)

1:10-cv-02296-LJO-SMS
SCHEDULING CONFERENCE ORDER
Plaintiff’s Expert
Disclosure Deadline: 3/1/13
Defendants’ Expert
Disclosure Deadline: 4/1/13
Discovery Deadline:

8/2/13

Non-Dispositive Motion
Filing Deadline: 8/30/13
Dispositive Motion
Filing Deadline: 10/25/13

20

Settlement Conference Date:
10/9/13, 10:30am, 9th Floor/SMS

21
22

Pre-Trial Conference Date:
12/12/13, 8:30am, Ctrm. 4/LJO

23

Trial Date: 2/4/14, 8:30am,
Ctrm. 4/LJO (JT ~ 2-3 days)

24
25

1.

26

Date of Scheduling Conference:
March 14, 2012.

27

//

28

/
1

1

2.

2
3

Thomas P. Riley, Esq., appeared telephonically on behalf
of plaintiff.

4
5

Appearances of Counsel:

Matthew A. Paré, Esq., appeared telephonically on behalf
of defendants, Olen L. Campbell and Camco Investments, Inc.

6

3.

7

The Pleadings:
A.

8
9

Summary of the Pleadings.
Plaintiff, a closed-circuit distributor of sports

and entertainment programming, claims that defendants, Olen L.

10

Campbell, individually and d/b/a Sports Club, and Camco

11

Investments, Inc, an unknown business entity d/b/a Sports Club,

12

exhibited the Ultimate Fighting Championship 107: BJ Penn v. Diego

13

Sanchez, on Saturday, December 12, 2009, at the establishment

14

defendants were operating known as “Sports Club” without the

15

necessary closed-circuit (commercial) license they were required to

16

obtain from plaintiff.

17

Defendants deny these allegations, and further deny

18

any liability for any alleged exhibition of the boxing program.

19

Furthermore, defendants have brought a third-party complaint

20

against the entity believed to be responsible for the alleged

21

signal violation, namely, Superior Satellite, L.L.C., who set up

22

and installed the television system at the subject establishment.

23

B.

24

Orders Re: Amendment of Pleadings.
No amendments are proposed at this time.

25

////

26

///

27

//

28

/
2

1

4.

2
3

Factual Summary:
A.

Admitted Facts which are deemed proven without

further proceedings.

4

(1)

None summarized in the Joint Scheduling Report

5

(Doc. 48, No. 3) as directed by the court’s initial Order Setting

6

Mandatory Scheduling Conference (Doc. 3), specifically, No. 3 of

7

Exhibit “A” attached thereto.

8

B.

9

Contested Facts.
(1)

Whether defendants misappropriated a televised

10

boxing program to which plaintiff owned the exclusive commercial

11

exhibition rights.

12

(2)

13
14
15

Whether said claims are factually based on the

observations of a licensed private investigator.
5.

Legal Issues:
A.

Uncontested.

16

(1)

Federal question jurisdiction.

17

(2)

Violations of two federal telecommunications

18

statutes (47 U.S.C. § 553, et seq., and 47 U.S.C. § 605, et seq.)

19

are alleged in the Complaint.

20
21

(3)

A common law count of Conversion is also set

forth in the Complaint.

22

(4)

Pendant jurisdiction.

23

(5)

Venue pursuant to 47 U.S.C. § 605, et seq.

24
25
26
27
28

B.

Contested.
(1)

Defendants’ liability under all of the causes

of action as alleged by plaintiff in the operative Complaint.
(2)

Defendants’ liability for the alleged

misappropriation.
3

1
2
3

(3)

Whether liability is grounded on the causes of

action alleged within plaintiff’s Complaint.
6.

4

Consent to Magistrate Judge Jurisdiction:
This case will not be assigned for all purposes,

5

including trial, to the Honorable Sandra M. Snyder, United States

6

Magistrate Judge, as plaintiff does not so consent at this time.

7
8

7.

Discovery Plan and Cut-Off Dates:
A.

Pursuant to F.R.Civ.P.26(b), and except as the court

9

may order after a showing of good cause, the “(p)arties may obtain

10

discovery regarding any matter, not privileged, that is relevant to

11

the claim or defense of any other party.”

12

B.

Unless otherwise stipulated between the parties or

13

ordered by the court pursuant to F.R.Civ.P.26(b)(2), discovery

14

shall be limited as follows:

15

(1)

16
17

a.

Each side may take no more than ten (10)

b.

A deposition shall be limited to one (1)

depositions.

18
19

Depositions:

day of seven (7) hours.

20

(2)

21

F.R.Civ.P.30(d).

Interrogatories:
a.

“(A)ny party may serve upon any other party

22

written interrogatories, not exceeding 25 in number including all

23

discrete subparts . . .”

24

C.

F.R.Civ.P.33(a).

Pursuant to F.R.Civ.P.26(e), the parties shall

25

supplement their disclosures and amend their responses to discovery

26

requests in a timely manner.

27
28

D.

The parties are ordered to complete all discovery on

or before August 2, 2013.
4

1

E.

Plaintiff is directed to disclose all expert

2

witnesses, in writing, on or before March 1, 2013.

3

directed to disclose all expert witnesses, in writing, on or before

4

April 1, 2013.

5

pursuant to F.R.Civ.P. Rule 26(a)(2), (A) and (B), and shall

6

include all information required thereunder.

7

experts in compliance with this Order may result in the court

8

excluding the testimony or other evidence offered through such

9

experts that are not disclosed pursuant to this Order.

10

Defendants are

The written designation of experts shall be made

Failure to designate

The provisions of Fed.R.Civ.P. 26(b)(4) and (5)

11

shall apply to all discovery relating to experts and their

12

opinions.

13

subjects and opinions included in the designation.

14

comply will result in the imposition of sanctions, which may

15

include striking the expert designation and preclusion of expert

16

testimony.

17
18

8.

Experts must be fully prepared to be examined on all
Failure to

Pre-Trial Motion Schedule:
All Non-Dispositive Pre-Trial Motions, including any

19

discovery motions, shall be filed on or before August 30, 2013, and

20

are (customarily) heard on Wednesdays at 10:00 a.m. in Courtroom

21

No. 1 on the Eighth Floor before the Honorable Sandra M. Snyder,

22

United States Magistrate Judge.

23

Snyder’s chambers that a hearing date first be cleared with

24

chambers at [phone] prior to the filing of any non-

25

dispositive motions and supporting documents.

26

chambers also requires prompt courtesy copies in excess of 25/50

27

pages in compliance with Local Rule 133(f).

28

comply with Local Rule 251 with respect to discovery disputes or

NOTE: It is the policy of Judge

5

Judge Snyder’s

Counsel must also

1

the motion will be denied without prejudice and dropped from

2

calendar.1

3

In scheduling such motions, the Magistrate Judge may

4

grant applications for an order shortening time pursuant to Local

5

Rule 144.

6

time, the notice of motion must comply with Local Rule 251.

7

However, if counsel does not obtain an order shortening

Counsel may appear, and argue non-dispositive motions,

8

telephonically, provided a (written) request to so appear is

9

presented to Judge Snyder’s chambers (559-499-5690) no later than

10

five (5) court days prior to the noticed hearing date.

11

town counsel are strongly encouraged to appear telephonically via a

12

single conference call to chambers.

13

request to appear telephonically, then it shall be the obligation

14

and responsibility of the moving party(ies) to make prior

15

arrangements for the single conference call with an AT&T operator,

16

IF counsel do not have conference call capabilities on their

17

telephone systems, and to initiate the call to the court.

18

ALL out-of-

If two or more attorneys

Regarding discovery disputes, no written discovery

19

motions shall be filed without the prior approval of the assigned

20

Magistrate Judge.

21

confer with the opposing party in a good faith effort to resolve by

22

agreement the issues in dispute.

23

unsuccessful, the moving party shall then seek a prompt hearing

A party with a discovery dispute must first

If that good faith effort is

24
1

25
26
27
28

Local Rule 251(a) ~ revised 12/1/09 ~ requires a joint statem ent re discovery disagreem ent be filed
seven (7) days prior to the scheduled hearing date (i.e., the W ednesday before the custom ary W ednesday
hearing). Any m otion(s) will be dropped from calendar IF the statem ent is not filed OR tim ely filed AND
courtesy copies of any and all m otions, including the 251 stipulation, declarations, and exhibits, properly
tabbed, fastened, and clearly identified as a “Courtesy Copy (to avoid inadvertent, duplicative, and/or
erroneous filing by court staff), exceeding twenty-five (25) pages pursuant to Local Rule 133(f), are not
delivered to the Clerk’s Office at 9:00 a.m . on the fourth (4 th) FULL day (or Thursday) prior to the (custom ary)
hearing (on W ednesday).

6

1

with the assigned Magistrate Judge by telephone or in person.

2

the hearing is to be conducted by telephone, the Courtroom Deputy

3

Clerk will inform counsel of the date and time of the hearing, and

4

it shall be the responsibility of the moving party to initiate the

5

telephonic conference call to chambers.

6

telephonic hearings or conferences with the Court is prohibited,

7

except with prior permission of the Court.

8

hearing with a judicial officer carries with it a professional

9

representation by the attorney that a conference has taken place

10

If

The recording of

The request for a

and that s/he has made a good faith effort to resolve the dispute.

11

The attorneys or unrepresented parties shall supply the

12

assigned Magistrate Judge with the particular discovery materials

13

(i.e., objectionable answers to interrogatories) that are needed to

14

understand the dispute.

15

If the assigned Magistrate Judge decides that motion

16

papers and supporting memoranda are needed to satisfactorily

17

resolve the discovery dispute, such papers shall be filed in

18

conformity with Rule 7.

19

interrogatory, question at deposition, request for admission, or

20

request for production to which the motion is addressed, or

21

otherwise identify specifically and succinctly the discovery to

22

which objection is taken or from which a protective order is

23

sought; and, (2) the response or objection and grounds therefor, if

24

any, as stated by the opposing party.

25

Such motions shall (1) quote in full each

Unless otherwise ordered by the Court, the complete

26

transcripts or discovery papers need not be filed with the Court

27

pursuant to subsection (c) of this rule unless the motion cannot be

28

fairly decided without reference to the complete original.
7

1

All Dispositive Pre-Trial Motions shall be filed on or

2

before October 25, 2013, and are heard Tuesdays through Thursdays

3

at 8:30 a.m. in Courtroom No. 4 on the Seventh Floor before the

4

Honorable Lawrence J. O’Neill, United States District Judge.

5

scheduling such motions, counsel shall comply with Local Rules 230

6

and 260.

In

7

Motions for Summary Judgment or Summary Adjudication

8

Prior to filing a motion for summary judgment or motion

9

for summary adjudication, the parties are ORDERED to meet, in

10

person or by telephone, and confer to discuss the issues to be

11

raised in the motion.

12

The purpose of the meeting shall be to: (1) avoid filing

13

motions for summary judgment where a question of fact exists; (2)

14

determine whether the respondent agrees that the motion has merit

15

in whole or in part; (3) discuss whether issues can be resolved

16

without the necessity of briefing; (4) narrow the issues for review

17

by the Court; (5) explore the possibility of settlement before the

18

parties incur the expense of briefing a summary judgment motion;

19

(6) arrive at a joint statement of undisputed facts.

20

The moving party shall initiate the meeting and provide a

21

draft of the joint statement of undisputed facts.

22

the requirements of Local Rule 260, the moving party shall file a

23

joint statement of undisputed facts.

24

In addition to

In the notice of motion, the moving party shall certify

25

that the parties have met and conferred as ordered above or set

26

forth a statement of good cause for the failure to meet and confer.

27

//

28

/
8

1

9.

2

Pre-Trial Conference Date:
December 12, 2013 at 8:30 a.m. in Courtroom No. 4 on the

3

Seventh Floor before the Honorable Lawrence J. O’Neill, United

4

States District Judge.

5

Ten (10) days prior to the Pretrial Conference, the

6

parties shall exchange the disclosures required pursuant to

7

F.R.Civ.P. 26(a)(3).

8
9

The parties are ordered to file a JOINT Pretrial
Statement pursuant to Local Rule 281(a)(2).

The parties are

10

further ordered to submit a digital copy of their Joint Pretrial

11

Statement in WordPerfect X32 format to Judge O’Neill’s chambers by

12

e-mail to [e-mail].

13

Counsels' attention is directed to Rules 281 and 282 of

14

the Local Rules of Practice for the Eastern District of California

15

as to the obligations of counsel in preparing for the Pre-Trial

16

Conference.

17

those Rules.

18

10.

19

The Court will insist upon strict compliance with

Trial Date:
February 4, 2014 at 8:30 a.m. in Courtroom No. 4 on the

20

Seventh Floor before the Honorable Lawrence J. O’Neill, United

21

States District Judge.

22

A.

This is a jury trial.

23

B.

Counsels' Estimate of Trial Time:

24

2-3 days.

25
26

C.

Counsels' attention is directed to Rule 285 of the

Local Rules of Practice for the Eastern District of California.

27
2

28

If W ordPerfect X3 is not available to the parties, then the latest version of W ordPerfect, or any other
word processing program in general use for IBM com patible personal com puters, is acceptable.

9

1

11.

2

Settlement Conference:
October 9, 2013 at 10:30 a.m. in Chambers on the Ninth

3

Floor before the Honorable Sandra M. Snyder, United States

4

Magistrate Judge.

5

Unless otherwise permitted in advance by Judge Snyder,

6

the attorneys who will try the case shall personally appear at the

7

Settlement Conference with the parties and the person or

8

persons having full authority to negotiate and settle the case on

9

any terms3 at the conference.

10

Permission for a party [not attorney] to attend by

11

telephone may be granted by Judge Snyder upon request, by letter,

12

with a copy to the other parties, IF the party lives and works

13

outside the Eastern District of California, AND attendance in

14

person would constitute a hardship.

15

allowed, the party must be immediately available throughout the

16

conference, until excused, regardless of time zone differences.

17

Any other special arrangements desired in cases where settlement

18

authority rests with a governing body shall also be proposed, in

19

advance, by letter, and copied to all other parties.

If telephone attendance is

20

CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT

21

NOTICE IS HEREBY GIVEN that a Confidential Settlement

22

Conference Statement is MANDATORY, and must be submitted to Judge

23

Snyder’s chambers, at least five (5) court days prior to the

24

Settlement Conference, by e-mail to [e-mail].

25
3

26
27
28

Insurance carriers, business organizations, and governm ental bodies or agencies whose settlem ent
agreem ents are subject to approval by legislative bodies, executive com m ittees, boards of directors, or the
like, shall be represented by a person or persons who occupy high executive positions in the party
organization, and who will be directly involved in the process of approval of any settlem ent offers or
agreem ents. To the extent possible, the representative shall have the authority, if he or she deem s it
appropriate, to settle the action on term s consistent with the opposing party’s m ost recent dem and.

10

1

Failure to so comply may result in the imposition of monetary

2

and/or other sanctions.

3

The Statement should not be filed with the Clerk’s Office

4

nor served on any other party, although the parties may file a

5

Notice of Lodging Confidential Settlement Conference Statement.

6

Each Statement shall be clearly marked "Confidential" with the date

7

and time of the Settlement Conference indicated prominently

8

thereon.

9

Statements if settlement is not achieved and, if such a request is

10

Counsel are urged to request the return of their

not made, the Court will dispose of the Statement.

11

The Confidential Settlement Conference Statement shall

12

include the following:

13

A.

A brief statement of the facts of the case.

14

B.

A brief statement of the claims and defenses, i.e.,

15

statutory or other grounds upon which the claims are founded; a

16

forthright evaluation of the parties' likelihood of prevailing on

17

the claims and defenses; and, a description of the major issues in

18

dispute.

19

C.

A summary of the proceedings to date.

20

D.

An estimate of the cost and time to be expended for

21

further discovery, pretrial, and trial.

22

E.

The relief sought.

23

F.

The party's position on settlement, including

24

present demands and offers, and a history of past settlement

25

discussions, offers, and demands.

26

///

27

//

28

/
11

1

ADMONITION

2

If it is clear to counsel and/or the parties that this

3

case is not in a settlement posture, counsel are DIRECTED to

4

contact this Court’s staff immediately to make arrangements for a

5

continuance OR to take it off calendar.

6

assume, and requires, the following:

7
8

Otherwise, this Court will

1.

That plaintiff has provided defendants with a timely

2.

That the parties have met and conferred sufficiently

demand;

9
10

at least once prior to the Settlement Conference regarding possible

11

settlement; and,

12

3.

That the parties are therefore ready, willing, and

13

able to settle the case, meaning that (A) defendants have

14

settlement authority, and (B) plaintiff is willing to negotiate in

15

good faith.

16

If there is no settlement authority from either or any

17

party and/or it is the hope of one or more parties that this Court

18

assess strengths and weaknesses of each parties’ cases such that

19

this Court will hopefully convince a party to dismiss this lawsuit,

20

THIS IS NOT SETTLEMENT.

21

ordered to coordinate a telephonic conference call with this Court,

22

through chambers at [phone] prior to the Settlement

23

Conference, to discuss the status of settlement.

24

could result in sanctions against any or all parties if appearances

25

are made and it was known to one or more parties that the case

26

cannot settle.

27

//

28

/

In such a situation, the parties are

12

Failure to do so

1
2

12.

or other Techniques to Shorten Trial:

3
4

Not applicable at this time.
13.

5
6

Request for Bifurcation, Appointment of Special Master,

Related Matters Pending:
Not applicable at this time.

14.

7

Compliance with Federal Procedure:
The Court requires compliance with the Federal Rules of

8

Civil Procedure and the Local Rules of Practice for the Eastern

9

District of California.

To aid the Court in the efficient

10

administration of this case, all counsel are expected to

11

familiarize themselves with the Federal Rules of Civil Procedure

12

and the Local Rules of Practice for the Eastern District of

13

California, and to keep abreast of any amendments thereto.

14

Court must insist upon compliance with these Rules if it is to

15

efficiently handle its increasing caseload.

16

imposed for failure to follow the Rules as provided in both the

17

Fed.R.Civ.P. and the Local Rules.

18
19

15.

The

Sanctions will be

Compliance with Electronic Filing Requirement:
On January 3, 2005, the United States District Court for

20

the Eastern District of California became an electronic case

21

management/filing district (CM/ECF).

22

or by Local Rule, attorneys shall file all documents electronically

23

as of January 3, 2005, in all actions pending before the court.

24

While Pro Se Litigants are exempt from this requirement, the court

25

will scan in all documents filed by pro se litigants, and the

26

official court record in all cases will be electronic.

27

are required to file electronically in pro se cases.

28

information regarding the Court’s implementation of CM/ECF can be
13

Unless excused by the Court,

Attorneys
More

1

found on the court’s web site at www.caed.uscourts.gov, including

2

the Court’s Local Rules, the CM/ECF Final Procedures, and the

3

CM/ECF User’s Manual.

4

While the Clerk's Office will not refuse to file a

5

proffered paper document, the Clerk's Office will scan it and, if

6

improperly filed, notify the Court that the document was filed in

7

an improper format.

8

appropriate cases regarding an attorney's disregard for the

9

requirement to utilize electronic filing, or other violations of

10

An order to show cause (OSC) may be issued in

these electronic filing procedures.

11

See L.R. 110, L.R. 133(d)(3).

All counsel must be registered for CM/ECF.

On-line

12

registration is available at www.caed.uscourts.gov.

13

registered, counsel will receive a login and password in

14

approximately one (1) week.

15

documents on-line.

16

knowing the rules governing electronic filing in the Eastern

17

District.

18

Court’s web site.

19

16.

20

Once

Counsel must be registered to file

See L.R. 135(g).

Counsel are responsible for

Please review the Court’s Local Rules available on the

Effect of this Order:
The foregoing Order represents the best estimate of the

21

Court and counsel as to the agenda most suitable to bring this case

22

to resolution.

The trial date reserved is specifically reserved

23

for this case.

If the parties determine at any time that the

24

schedule outlined in this Order cannot be met, counsel are ORDERED

25

to notify the Court immediately so that adjustments may be made,

26

either by stipulation or by subsequent status conference.

27

//

28

/
14

1

Stipulations extending the deadlines contained herein

2

will not be considered unless accompanied by affidavits or

3

declarations and, where appropriate, attached exhibits which

4

establish extremely good cause for granting the relief requested.

5

Scheduling orders are vital to the Court’s case

6

management.

7

Koplve v. Ford Motor Co., 795 F.2d 15, 18 (3rd Cir. 1986), and are

8

intended to alleviate case management problems.

9

Recreations, Inc., 975 F.2d 604, 610 (9th Cir. 1992).

Scheduling orders “are the heart of case management,”

Johnson v. Mammoth
A “scheduling

10

conference order is not a frivolous piece of paper, idly entered,

11

which can be cavalierly disregarded without peril.”

12

F.2d at 610.

13

Johnson, 975

THEREFORE, FAILURE TO COMPLY WITH THIS ORDER SHALL RESULT

14

IN THE IMPOSITION OF SANCTIONS.

15

IT IS SO ORDERED.

16

Dated:
icido3

March 14, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
15