Coach Services, Inc. et al v. Salange et al

Filing 16

AMENDED SCHEDULING ORDER signed by Magistrate Judge Jennifer L. Thurston on 8/25/2011. Correcting date and time for Jury Trial. Jury Trial set for 11/6/2012 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Leon-Guerrero, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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COACH, INC. a Maryland Corporation;
COACH SERVICES, INC. a Maryland
Corporation,

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Plaintiffs,
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v.
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SASSY SCISSOR CUTS, et al.,
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Defendants. 9:30
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____________________________________ )

Case No.: 1: 11-CV-00657 - AWI - JLT
AMENDED SCHEDULING ORDER (Fed.
R. Civ. P. 16)
Pleading Amendment Deadline: 9/23/2011
Discovery Deadlines:
Non Expert: 2/17/2012
Expert: 4/13/2012
Mid-Discovery Status Conference:
11/16/11, 9:30 a.m.

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Non-Dispositive Motion Deadlines:
Filing: 4/20/2012
Hearing: 5/18/2012

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Dispositive Motion Deadlines:
Filing: 5/25/2012
Hearing: 7/16/2012

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Pre-Trial Conference:
9/6/2012 at 8:30 a.m.
Courtroom 2

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Trial: 11/6/2012 at 8:30 a.m.
Courtroom 2
Jury trial: 3-5 days

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I.

Date of Scheduling Conference
August 10, 2011.
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II.

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Appearances of Counsel

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Brent Blakely appeared on behalf of Plaintiff.

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Jonathan McMahon appeared on behalf of Defendant.
III.

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Plaintiffs shall file an amended complaint joining additional parties who have

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been identified as suppliers of the products at issue no later than September 23, 2011.
IV.

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Discovery Plan and Cut-Off Date
The parties have exchanged the initial disclosures required by Fed .R. Civ. P.

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Pleading Amendment

26(a)(1).

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The parties are ordered to complete all discovery pertaining to non-experts on or

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before February 17, 2012, and all discovery pertaining to experts on or before April 13, 2012.

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

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February 24, 2012, and to disclose all rebuttal experts on or before March 16, 2012. The

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written designation of retained and non-retained experts shall be made pursuant to Fed. R. Civ.

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P. Rule 26(a)(2), (A), (B), and (C) and shall include all information required thereunder.

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Failure to designate experts in compliance with this order may result in the Court excluding the

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testimony or other evidence offered through such experts that are not disclosed pursuant to this

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order.

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The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery

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relating to experts and their opinions. Experts must be fully prepared to be examined on all

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subjects and opinions included in the designation. Failure to comply will result in the imposition

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of sanctions, which may include striking the expert designation and preclusion of expert

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testimony.

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The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely
supplement disclosures and responses to discovery requests will be strictly enforced.
A telephonic mid-discovery status conference is scheduled for November 16,

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2011, at 9:30 am, before the Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at

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1200 Truxtun Avenue, Suite 120, Bakersfield, California, 93301. A Joint Mid-Discovery Status

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Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in

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CM/ECF, one (1) full week prior to the Conference, and shall be e-mailed, in WordPerfect or

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Word format, to [e-mail]. Counsel SHALL appear by telephone.

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V.

Pre-Trial Motion Schedule
All non-dispositive pre-trial motions, including any discovery motions, shall be

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filed no later than April 20, 2012, and heard on or before May 18, 2012. Non-dispositive

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motions are heard at 9:00 a.m., before the Honorable Jennifer L. Thurston, United States

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Magistrate Judge at the United States Bankruptcy Courtroom at 1300 18th Street, Bakersfield,

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California.

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No written discovery motions shall be filed without the prior approval of the

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assigned Magistrate Judge. A party with a discovery dispute must first confer with the opposing

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party in a good faith effort to resolve by agreement the issues in dispute. If that good faith effort

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is unsuccessful, the moving party promptly shall seek a telephonic hearing with all involved

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parties and the Magistrate Judge. It shall be the obligation of the moving party to arrange and

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originate the conference call to the court. To schedule this telephonic hearing, the parties are

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ordered to contact Courtroom Deputy Clerk, Alan Leon-Guerrero at [phone] or via email

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at [e-mail]. Counsel must comply with Local Rule 251 with

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respect to discovery disputes or the motion will be denied without prejudice and dropped

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from calendar.

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In scheduling such motions, the Magistrate Judge may grant applications for an

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order shortening time pursuant to Local Rule 144(3). However, if counsel does not obtain an

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

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Counsel may appear and argue non-dispositive motions by telephone, providing a

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written request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five

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(5) court days before the noticed hearing date. In the event that more than one attorney requests

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to appear by telephone then it shall be the obligation of the moving part(ies) to arrange and

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originate a conference call to the court.

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All dispositive pre-trial motions shall be filed no later than May 25, 2012, and

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heard no later than July 16, 2012, at 1:30 p.m., in Courtroom 2 before the Honorable Anthony

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W. Ishii, United States District Court Judge. In scheduling such motions, counsel shall comply

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with Fed.R.Civ.P 56 and Local Rules 230 and 260.
VI.

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Motions for Summary Judgment or Summary Adjudication
Prior to filing a motion for summary judgment or motion for summary

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adjudication the parties are ORDERED to meet, in person or by telephone, and confer to discuss

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the issues to be raised in the motion.
The purpose of the meeting shall be to: 1) avoid filing motions for summary

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judgment where a question of fact exists; 2) determine whether the respondent agrees that the

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motion has merit in whole or in part; 3) discuss whether issues can be resolved without the

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necessity of briefing; 4) narrow the issues for review by the court; 5) explore the possibility of

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settlement before the parties incur the expense of briefing a summary judgment motion; 6) to

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arrive at a joint statement of undisputed facts.
The moving party shall initiate the meeting and provide a draft of the joint

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statement of undisputed facts. In addition to the requirements of Local Rule 260 the moving

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party shall file a joint statement of undisputed facts.
In the notice of motion the moving party shall certify that the parties have met and

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conferred as ordered above or set forth a statement of good cause for the failure to meet and

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confer.

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VII.

Pre-Trial Conference Date

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September 6, 2012, at 8:30 a.m. in Courtroom 2 before Judge Ishii.

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The parties are ordered to file a Joint Pretrial Statement pursuant to Local

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Rule 281(a)(2). The parties are further directed to submit a digital copy of their pretrial statement

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in Word Perfect X41 format, directly to Judge Ishii's chambers by email at

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[e-mail].

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If W ordPerfect X4 is not available to the parties then the latest version of W ordPerfect available to the

parties or any other word processing program in general use for IBM compatible personal computers is acceptable.

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Counsels' attention is directed to Rules 281 and 282 of the Local Rules of

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Practice for the Eastern District of California, as to the obligations of counsel in preparing for the

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pre-trial conference. The Court will insist upon strict compliance with those rules. In addition to

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the matters set forth in the Local Rules the Joint Pretrial Statement shall include a Joint

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Statement of the case to be used by the Court to explain the nature of the case to the jury during

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voir dire.

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VIII. Trial Date
November 6, 2012 at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W.

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Ishii, United States District Court Judge.

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A.

This is a jury trial.

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B.

Counsels' Estimate of Trial Time: 3-5 days.

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C.

Counsel's attention is directed to Local Rules of Practice for the Eastern
District of California, Rule 285.

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IX.

Settlement Conference

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The parties request that no settlement conference be set at this time. Should the

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parties jointly agree at later time that a settlement conference would be fruitful, they may file a

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joint request that the Court schedule a settlement conference.

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X.

Request for Bifurcation, Appointment of Special Master, or other

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Techniques to Shorten Trial

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Not applicable at this time.

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XI.

There are no pending related matters.

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Related Matters Pending

XII.

Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil

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Procedure and the Local Rules of Practice of the Eastern District of California, and to keep

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abreast of any amendments thereto. The Court must insist upon compliance with these Rules if it

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is to efficiently handle its increasing case load and sanctions will be imposed for failure to follow

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the Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules of
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Practice for the Eastern District of California.
XIII. Effect of this Order
The foregoing order represents the best estimate of the court and counsel as to the

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agenda most suitable to dispose of this case. The trial date reserved is specifically reserved for

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this case. If the parties determine at any time that the schedule outlined in this order cannot be

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met, counsel are ordered to notify the court immediately of that fact so that adjustments may be

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made, either by stipulation or by subsequent status conference.

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The dates set in this Order are considered to be firm and will not be modified
absent a showing of good cause even if the request to modify is made by stipulation.

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Stipulations extending the deadlines contained herein will not be considered unless they are

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accompanied by affidavits or declarations, and where appropriate attached exhibits, which

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establish good cause for granting the relief requested.

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Failure to comply with this order may result in the imposition of sanctions.

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IT IS SO ORDERED.

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Dated: August 25, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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