J & J Sports Productions, Inc. v. Jens et al

Filing 12

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 12/16/2014. Consent/Decline Deadline 12/26/2014. Pleading Amendment Deadline 3/13/2015. Discovery Deadlines: Initial Disclosures 12/26/2014; Non-Expert 5/15/2015; Expert 6/19/2015. Non-Dispositive Motion Deadlines: Filed by 6/26/2015; Hearing by 7/24/2015. Dispositive Motion Deadlines: Filed by 8/7/2015; Hearing by 9/29/2015. Pretrial Conference set for 11/17/2015 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Jury Trial set for 1/12/2016 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 J & J SPORTS PRODUCTION, INC., 11 Plaintiff, v. 12 13 JASON PAUL JENS, et al., Defendants. 14 15 ) ) ) ) ) ) ) ) ) ) 1: 14-CV-01359 - LJO - JLT SCHEDULING ORDER (Fed. R. Civ. P. 16) Pleading Amendment Deadline: 3/13/2015 Discovery Deadlines: Initial Disclosures: 12/26/2014 Non Expert: 5/15/2015 Expert: 6/19/2015 16 Non-Dispositive Motion Deadlines: Filing: 6/26/2015 Hearing: 7/24/2015 17 18 Dispositive Motion Deadlines: Filing: 8/7/2015 Hearing: 9/29/2015 19 20 21 Pre-Trial Conference: 11/17/2015 at 8:30 a.m. Courtroom 4 22 23 Trial: 24 25 26 I. December 16, 2014. 27 28 Date of Scheduling Conference /// 1 1/12/2016 at 8:30 a.m. Courtroom 4 Jury trial: 2-3 days 1 II. Appearances of Counsel 2 Thomas Peter Riley, Jr. appeared on behalf of Plaintiff. 3 Matthew Pare appeared on behalf of Defendant. 4 III. Magistrate Judge Consent: 5 Notice of Congested Docket and Court Policy of Trailing 6 Due to the District Judges’ heavy caseload, the newly adopted policy of the Fresno Division of 7 the Eastern District is to trail all civil cases. The parties are hereby notified that for a trial date set 8 before a District Judge, the parties will trail indefinitely behind any higher priority criminal or older 9 civil case set on the same date until a courtroom becomes available. The trial date will not be reset to a 10 continued date. The Magistrate Judges’ availability is far more realistic and accommodating to parties than that 11 12 of the U.S. District Judges who carry the heaviest caseloads in the nation and who must prioritize 13 criminal and older civil cases over more recently filed civil cases. A United States Magistrate Judge 14 may conduct trials, including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of 15 Civil Procedure 73, and Local Rule 305. Any appeal from a judgment entered by a United States 16 Magistrate Judge is taken directly to the United States Court of Appeal for the Ninth Circuit. The Fresno Division of the Eastern District of California, whenever possible, is utilizing United 17 18 States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant to the 19 Local Rules, Appendix A, such reassignments will be random, and the parties will receive no advance 20 notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern 21 District of California. Therefore, the parties are directed to consider consenting to Magistrate Judge jurisdiction to 22 23 conduct all further proceedings, including trial. Within 10 days of the date of this order, counsel 24 SHALL file a consent/decline form (provided by the Court at the inception of this case) indicating 25 whether they will consent to the jurisdiction of the Magistrate Judge. 26 IV. 27 28 Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or motion to amend, no later than March 13, 2015. 2 1 2 3 4 5 6 V. 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 December 26, 2014. The parties are ordered to complete all discovery pertaining to non-experts on or before May 15, 2015, and all discovery pertaining to experts on or before June 19, 2015. The parties are directed to disclose all expert witnesses, in writing, on or before May 1, 2015, 7 and to disclose all rebuttal experts on or before May 22, 2015. The written designation of retained and 8 non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) and 9 shall include all information required thereunder. Failure to designate experts in compliance with 10 this order may result in the Court excluding the testimony or other evidence offered through such 11 experts that are not disclosed pursuant to this order. 12 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 13 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 14 included in the designation. Failure to comply will result in the imposition of sanctions, which may 15 include striking the expert designation and preclusion of expert testimony. 16 17 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. 18 VI. Pre-Trial Motion Schedule 19 All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 20 than June 26, 2015, and heard on or before July 24, 2015. Non-dispositive motions are heard before 21 the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States Courthouse in 22 Bakersfield, California. 23 No written discovery motions shall be filed without the prior approval of the assigned 24 Magistrate Judge. A party with a discovery dispute must first confer with the opposing party in a good 25 faith effort to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the 26 moving party promptly shall seek a telephonic hearing with all involved parties and the Magistrate 27 Judge. It shall be the obligation of the moving party to arrange and originate the conference call to the 28 court. To schedule this telephonic hearing, the parties are ordered to contact Courtroom Deputy Clerk, 3 1 Susan Hall at (661) 326-6620 or via email at SHall@caed.uscourts.gov. Counsel must comply with 2 Local Rule 251 with respect to discovery disputes or the motion will be denied without prejudice 3 and dropped from calendar. In scheduling such motions, the Magistrate Judge may grant applications for an order shortening 4 5 time pursuant to Local Rule 144(e). However, if counsel does not obtain an order shortening time, the 6 notice of motion must comply with Local Rule 251. Counsel may appear and argue non-dispositive motions via CourtCall, providing a written 7 8 request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five court days 9 before the noticed hearing date. All dispositive pre-trial motions shall be filed no later than August 7, 2015, and heard no later 10 11 than September 29, 2015, in Courtroom 4 at 8:30 a.m. before the Honorable Lawrence J. O'Neill, 12 United States District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. 13 Civ. P. 56 and Local Rules 230 and 260. 14 VII. Motions for Summary Judgment or Summary Adjudication 15 At least 21 days before filing a motion for summary judgment or motion for summary 16 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 17 to be raised in the motion. 18 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where 19 a question of fact exists; 2) determine whether the respondent agrees that the motion has merit in 20 whole or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) 21 narrow the issues for review by the court; 5) explore the possibility of settlement before the parties 22 incur the expense of briefing a summary judgment motion; 6) to arrive at a joint statement of 23 undisputed facts. 24 The moving party shall initiate the meeting and SHALL provide a complete, proposed 25 statement of undisputed facts at least five days before the conference. The finalized joint statement 26 of undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may 27 be deemed true. In addition to the requirements of Local Rule 260, the moving party shall file 28 the joint statement of undisputed facts. 4 In the notice of motion the moving party shall certify that the parties have met and conferred as 1 2 ordered above, or set forth a statement of good cause for the failure to meet and confer. 3 VIII. Pre-Trial Conference Date 4 November 17, 2015 at 8:30 a.m. in Courtroom 4 before Judge O'Neill. 5 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). 6 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 7 directly to Judge O'Neill's chambers, by email at LJOorders@caed.uscourts.gov. Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 8 9 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 10 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 11 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 12 Court to explain the nature of the case to the jury during voir dire. 13 IX. January 12, 2016 at 8:30 a.m. in Courtroom 4 before the Honorable Lawrence J. O'Neill, 14 15 Trial Date United States District Court Judge. 16 A. This is a jury trial. 17 B. Counsels' Estimate of Trial Time: 2-3 days. 18 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 19 California, Rule 285. 20 X. 21 Settlement Conference If the parties believe the matter is in a settlement posture and desire a settlement conference, 22 they may file a joint request that the Court schedule a settlement conference. 23 XI. Request for Bifurcation, Appointment of Special Master, or other 24 Techniques to Shorten Trial 25 Not applicable at this time. 26 XII. There are no pending related matters. 27 28 Related Matters Pending /// 5 1 XIII. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 2 3 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 4 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 5 handle its increasing case load and sanctions will be imposed for failure to follow the Rules as provided 6 in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of 7 California. 8 XIV. 9 Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda most 10 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 11 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 12 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 13 subsequent status conference. 14 The dates set in this Order are considered to be firm and will not be modified absent a 15 showing of good cause even if the request to modify is made by stipulation. Stipulations 16 extending the deadlines contained herein will not be considered unless they are accompanied by 17 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 18 for granting the relief requested. 19 Failure to comply with this order may result in the imposition of sanctions. 20 21 22 23 IT IS SO ORDERED. Dated: December 16, 2014 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 6

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