Moore v. AJCA 0929, LLC, et al.

Filing 41

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 3/12/2015. Pleading Amendment Deadline 5/29/2015. Discovery Deadlines: Initial Disclosures 3/19/2015; Non-Expert 7/10/2015; Expert 8/31/2015. Mid-Discovery Status Conference set for 6/17/2015 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 9/11/2015; Hearing by 10/9/2015. Dispositive Motion Deadlines: Filed by 10/23/2015; Hearing b y 12/4/2015. Settlement Conference set for 4/9/2015 at 09:30 AM in Courtroom 8 (BAM), Fresno, before Magistrate Judge Barbara A. McAuliffe. Bench Trial set for 1/19/2016 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RONALD MOORE,

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Plaintiff,
v.
AJCA 0929, LLC, et al.,
Defendants.

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1:14-CV-00716- JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 5/29/2015
Discovery Deadlines:
Initial Disclosures: 3/19/2015
Non-Expert: 7/10/2015
Expert: 8/31/2015
Mid-Discovery Status Conference:
6/17/2015 at 9:00 a.m.

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Non-Dispositive Motion Deadlines:
Filing: 9/11/2015
Hearing: 10/9/2015

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Dispositive Motion Deadlines:
Filing: 10/23/2015
Hearing: 12/4/2015

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Settlement Conference:
4/9/15 at 9:30 a.m., Ctrm 8, Fresno, CA

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Trial: 1/19/2016 at 8:30 a.m.
510 19th Street, Bakersfield, CA
Court trial: 5 days

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I.

March 12, 2015.

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Date of Scheduling Conference

II.

Appearances of Counsel

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Tanya E. Moore appeared on behalf of Plaintiff.

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John T. Hill appeared on behalf of Defendant.

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III.

Pleading Amendment Deadline
Any requested pleading amendments are ordered to be filed, either through a stipulation or

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motion to amend, no later than May 29, 2015.

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IV.

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Discovery Plan and Cut-Off Date
The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1)

on or before March 19, 2015.
The parties are ordered to complete all discovery pertaining to non-experts on or before July 10,
2015, and all discovery pertaining to experts on or before August 31, 2015.
The parties are directed to disclose all expert witnesses1, in writing, on or before July 17, 2015,

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and to disclose all rebuttal experts on or before August 7, 2015. The written designation of retained

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and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C)

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and shall include all information required thereunder. Failure to designate experts in compliance

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with this order may result in the Court excluding the testimony or other evidence offered through such

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experts that are not disclosed pursuant to this order.

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

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

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designate experts in compliance with this order may result in the Court excluding the testimony or other

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evidence offered through such experts that are not disclosed pursuant to this order.

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The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts
and their opinions. Experts must be fully prepared to be examined on all subjects and opinions

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In the event an expert will offer opinions related to an independent medical or mental health
evaluation, this examination SHALL occur sufficiently in advance of the disclosure deadline so the
expert’s report fully details the expert’s opinions in this regard.
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included in the designation. Failure to comply will result in the imposition of sanctions, which may

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include striking the expert designation and preclusion of expert testimony.
The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement

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disclosures and responses to discovery requests will be strictly enforced.
A mid-discovery status conference is scheduled for June 17, 2015, at 9:00 a.m. before the

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Honorable Jennifer L. Thurston, United States Magistrate Judge, at the United States District

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Courthouse located at 510 19th Street, Bakersfield, California. 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 full week prior to the Conference and shall be e-mailed, in Word format to,

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[e-mail]. Counsel may appear by via the CourtCall service, provided a written

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

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before the noticed hearing date.

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V.

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Pre-Trial Motion Schedule
All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later

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than September 11, 2015, and heard on or before October 9, 2015. Non-dispositive motions are heard

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at 9:00 a.m. at the United States District Courthouse in Bakersfield, California, before the Honorable

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Jennifer L. Thurston, United States Magistrate Judge.

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No written discovery motions shall be filed without the prior approval of the Court. A party

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with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by

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agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly

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shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the

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obligation of the moving party to arrange and originate the conference call to the court. To schedule

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this telephonic hearing, the parties are ordered to contact Courtroom Deputy Clerk, Susan Hall at (661)

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326-6620 or via email 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 from

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calendar.

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In scheduling such motions, the Magistrate Judge may grant applications for an order shortening
time pursuant to Local Rule 144(e). However, if counsel does not obtain an order shortening time, the
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notice of motion must comply with Local Rule 251.
Counsel may appear and argue non-dispositive motions by telephone, provided a written request

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to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five (5) court days before

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the noticed hearing date. In the event that more than one attorney requests to appear by telephone then

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it shall be the obligation of the moving part(ies) to arrange and originate a conference call to the court.

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All dispositive pre-trial motions shall be filed no later than October 23, 2015, and heard no

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later than December 4, 2015, before the Honorable Jennifer L. Thurston, United States Magistrate

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Judge, at the United States District Courthouse in Bakersfield, California. In scheduling such motions,

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counsel shall comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260.

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VI.

Motions for Summary Judgment or Summary Adjudication
At least 21 days before 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, to confer about the

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

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

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

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

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

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joint statement of undisputed facts.
The moving party shall initiate the meeting and SHALL provide a complete, proposed

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statement of undisputed facts at least five days before the conference. The finalized joint

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statement of undisputed facts SHALL include all facts that the parties agree, for purposes of the

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motion, may be deemed true. In addition to the requirements of Local Rule 260, the moving

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party shall file the 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.

Trial Date
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January 19, 2016, at 8:30 a.m. at the United States District Courthouse in Bakersfield,
California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge.

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A.

This is a Court trial.

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B.

Counsels' Estimate of Trial Time: 5 days.

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C.

Counsels' attention is directed to Local Rules of Practice for the Eastern District of

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California, Rule 285.

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VIII. Settlement Conference

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A Settlement Conference is scheduled for April 9, 2015 at 9:30 a.m., before the Honorable
Barbara A. McAuliffe at the Robert E. Coyle Federal Courthouse located at 2500 Tulare Street,
Fresno, California.
Unless otherwise permitted in advance by the Court, the attorneys who will try the case

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shall appear at the Settlement Conference with the parties and the person or persons having full

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authority to negotiate and settle the case on any terms2 at the conference. Consideration of

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settlement is a serious matter that requires preparation prior to the settlement conference. Set forth

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below are the procedures the Court will employ, absent good cause, in conducting the conference.

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Unless otherwise ordered by the Court, at least 21 days before the settlement conference,

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Plaintiff SHALL submit to Defendant via fax or e-mail, a written itemization of damages and a

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meaningful3 settlement demand which includes a brief explanation of why such a settlement is

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appropriate. No later than 14 days before the settlement conference, Defendant SHALL respond,

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via fax or e-mail, with an acceptance of the offer or with a meaningful counteroffer, which includes a

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brief explanation of why such a settlement is appropriate.

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If settlement is not achieved, each party SHALL attach copies of their settlement offers to
their Confidential Settlement Conference Statement, as described below. Copies of these documents

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Insurance carriers, business organizations, and governmental bodies or agencies whose settlement agreements
are subject to approval by legislative bodies, executive committees, 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 settlement offers or agreements. To the extent possible the representative shall have the
authority, if he or she deems it appropriate, to settle the action on terms consistent with the opposing party's most recent
demand.
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“Meaningful” means that the offer is reasonably calculated to settle the case on terms acceptable to the offering
party. “Meaningful” does not include an offer which the offering party knows will not be acceptable to the other party.
If, however, the offering party is only willing to offer a settlement which it knows the other party will not accept, this
should trigger a recognition the case is not in a settlement posture and the parties should confer about continuing or
vacating the settlement conference via stipulation.

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should not be filed on the court docket.
CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT

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At least five court days before the settlement conference, the parties shall submit, directly to

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Judge McAuliffe’s chambers by e-mail to [e-mail], a Confidential Settlement

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Conference Statement. The statement should not be filed with the Clerk of the Court nor served on

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any other party, although the parties may file a Notice of Lodging of Settlement Conference

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Statement. Each statement shall be clearly marked "confidential" with the date and time of the

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Settlement Conference indicated prominently thereon.
The Confidential Settlement Conference Statement shall include the following:

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A.

A brief statement of the facts of the case.

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B.

A brief statement of the claims and defenses, i.e., statutory or other grounds upon

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which the claims are founded; a forthright evaluation of the parties' likelihood of

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prevailing on the claims and defenses; and a description of the major issues in dispute.

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C.

A summary of the proceedings to date.

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D.

An estimate of the cost and time to be expended for further discovery, pretrial and

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E.

The relief sought.

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F.

The party's position on settlement, including present demands and offers and a history

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trial.

of past settlement discussions, offers and demands.

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IX.

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Trial
Not applicable at this time.

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X.

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Related Matters Pending
There are no pending related matters.

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Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten

XI.

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

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

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amendments thereto. The Court must insist upon compliance with these Rules to efficiently handle its
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increasing case load, and sanctions will be imposed for failure to follow both the Federal Rules of Civil

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Procedure and the Local Rules of Practice for the Eastern District of California.

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XII.

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Effect of this Order
The foregoing order represents the best estimate of the court and counsel as to the agenda most

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suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the

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parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered

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to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by

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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

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showing of good cause even if the request to modify is made by stipulation. Stipulations

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

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affidavits or declarations, and where appropriate attached exhibits, which establish good cause

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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.
Dated:

March 12, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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