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)

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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 (559) 499-5690 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 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 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 (559) 499-5690 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, 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 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

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