Galindo v. ABS Global, Inc. et al
Filing
15
AMENDED SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 7/19/2016. Settlement Conference set for 12/19/2016 at 01:30 PM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
EASTERN DISTRICT OF CALIFORNIA
9
10
SERGIO GALINDO,
11
12
13
14
15
Plaintiff,
v.
ABS GLOBAL, INC., et al.,
Defendants.
)
)
)
)
)
)
)
)
)
1: 16-CV-00506-AWI - JLT
AMENDED SCHEDULING ORDER (Fed. R. Civ.
P. 16)
Pleading Amendment Deadline: 10/17/2016
Discovery Deadlines:
Initial Disclosures: 8/8/2016
Non-Expert: 5/26/2017
Expert: 8/4/2017
Mid-Discovery Status Conference:
3/7/2017 at 8:30 a.m.
16
17
18
Non-Dispositive Motion Deadlines:
Filing: 8/18/2017
Hearing: 9/15/2017
19
20
Dispositive Motion Deadlines:
Filing: 9/29/2017
Hearing: 11/13/2017
21
22
Settlement Conference:
12/19/2016 at 1:30 p.m.
510 19th Street, Bakersfield, CA
23
24
25
Pre-Trial Conference:
1/10/2018 at 10:00 a.m.
Courtroom 2
26
27
Trial:
28
1
3/6/2018 at 8:30 a.m.
Courtroom 2
Jury trial: 5-7 days
1
I.
July 18, 2016.
2
3
Date of Scheduling Conference
II.
Appearances of Counsel
4
Randall Rumph appeared on behalf of Plaintiff.
5
Tyler Paetkau appeared on behalf of Defendant ABS Global, Inc.
6
James Braze appeared on behalf of Defendant Pro Vita Animal Health, LLC.
7
8
9
III.
Information Concerning the Court’s Schedule
Out of fairness, the Court believes it is necessary to forewarn litigants that the Fresno Division
of the Eastern District of California now has the heaviest District Court Judge caseload in the entire
10
nation. While the Court will use its best efforts to resolve this case and all other civil cases in a timely
11
manner, the parties are admonished that not all of the parties’ needs and expectations may be met as
12
expeditiously as desired. As multiple trials are now being set to begin upon the same date, parties may
13
find their case trailing with little notice before the trial begins. The law requires that the Court give any
14
criminal trial priority over civil trials or any other matter. The Court must proceed with a criminal trial
15
even if a civil trial was filed earlier and set for trial first. Continuances of any civil trial under these
16
circumstances will no longer be entertained, absent a specific and stated finding of good cause. All
17
parties should be informed that any civil trial set to begin during the time a criminal trial is proceeding
18
will trail the completion of the criminal trial.
19
The parties are reminded of the availability of a United States Magistrate Judge to conduct all
20
proceedings in this action. A United States Magistrate Judge is available to conduct trials, including
21
entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, and Local
22
Rule 305. The same jury pool is used by both United States Magistrate Judges and United States
23
District Court Judges. Any appeal from a judgment entered by a Magistrate Judge is taken directly to
24
the United States Court of Appeal for the Ninth Circuit. However, the parties are hereby informed that
25
no substantive rulings or decisions will be affected by whether a party chooses to consent.
26
Finally, the Fresno Division of the Eastern District of California, whenever possible, is utilizing
27
United States Article III District Court Judges from throughout the nation as Visiting Judges. Pursuant
28
to the Local Rules, Appendix A, reassignments will be random, and the parties will receive no advance
2
1
notice before their case is reassigned to an Article III District Court Judge from outside of the Eastern
2
District of California.
3
Plaintiff consented to Magistrate Judge jurisdiction on the record during the Scheduling
4
Conference. Defendants are directed to consider consenting to Magistrate Judge jurisdiction to conduct
5
all further proceedings, including trial. Within 21 days of the date of this order, counsel SHALL file a
6
consent/decline form (provided by the Court at the inception of this case) indicating whether they will
7
consent to the jurisdiction of the Magistrate Judge.
8
IV.
Pleading Amendment Deadline
Any requested pleading amendments are ordered to be filed, either through a stipulation or
9
10
motion to amend, no later than October 17, 2016.
11
V.
12
13
14
15
16
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 August 8, 2016.
The parties are ordered to complete all discovery pertaining to non-experts on or before May
26, 2017, and all discovery pertaining to experts on or before August 4, 2017.
The parties are directed to disclose all expert witnesses1, in writing, on or before June 9, 2017,
17
and to disclose all rebuttal experts on or before July 7, 2017. The written designation of retained and
18
non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) and
19
shall include all information required thereunder. Failure to designate experts in compliance with
20
this order may result in the Court excluding the testimony or other evidence offered through such
21
experts that are not disclosed pursuant to this order.
22
The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts
23
and their opinions. Experts must be fully prepared to be examined on all subjects and opinions
24
included in the designation. Failure to comply will result in the imposition of sanctions, which may
25
include striking the expert designation and preclusion of expert testimony.
26
The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement
27
1
28
In the event an expert will offer opinions related to an independent medical or mental health evaluation, the
examination SHALL occur sufficiently in advance of the disclosure deadline so the expert’s report fully details the
expert’s opinions in this regard.
3
1
disclosures and responses to discovery requests will be strictly enforced.
A mid-discovery status conference is scheduled for March 7, 2017 at 8:30 a.m. before the
2
3
Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield,
4
California. Counsel SHALL file a joint mid-discovery status conference report one week before the
5
conference. Counsel also SHALL lodge the status report via e-mail to JLTorders@caed.uscourts.gov.
6
The joint statement SHALL outline the discovery counsel have completed and that which needs to be
7
completed as well as any impediments to completing the discovery within the deadlines set forth in this
8
order. Counsel may appear via CourtCall, providing a written notice of the intent to appear
9
telephonically is provided to the Magistrate Judge's Courtroom Deputy Clerk no later than five court
10
days before the noticed hearing date.
11
VI.
12
Pre-Trial Motion Schedule
All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later
13
than August 18, 2017, and heard on or before September 15, 2017. Non-dispositive motions are heard
14
at 9:00 a.m., before the Honorable Jennifer L. Thurston, United States Magistrate Judge, at the United
15
States District Courthouse located at 510 19th Street, Bakersfield, California.
16
No written discovery motions shall be filed without the prior approval of the assigned
17
Magistrate Judge. A party with a discovery dispute must first confer with the opposing party in a good
18
faith effort to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the
19
moving party promptly shall seek a telephonic hearing with all involved parties and the Magistrate
20
Judge. It shall be the obligation of the moving party to arrange and originate the conference call to the
21
court. To schedule this telephonic hearing, the parties are ordered to contact Courtroom Deputy Clerk,
22
Susan Hall at (661) 326-6620 or via email at SHall@caed.uscourts.gov. Counsel must comply with
23
Local Rule 251 with respect to discovery disputes or the motion will be denied without prejudice
24
and dropped from calendar.
25
In scheduling such motions, the Magistrate Judge may grant applications for an order shortening
26
time pursuant to Local Rule 144(e). However, if counsel does not obtain an order shortening time, the
27
notice of motion must comply with Local Rule 251.
28
Counsel may appear and argue non-dispositive motions via CourtCall, providing a written
4
1
request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five court days
2
before the noticed hearing date.
All dispositive pre-trial motions shall be filed no later than September 29, 2017, and heard no
3
4
later than November 13, 2017, in Courtroom 2 at 8:30 a.m. before the Honorable Anthony W. Ishii,
5
United States District Court Judge. In scheduling such motions, counsel shall comply with Fed. R.
6
Civ. P. 56 and Local Rules 230 and 260.
7
VII.
8
9
10
11
Motions for Summary Judgment or Summary Adjudication
At least 21 days before filing a motion for summary judgment or motion for summary
adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues to
be raised in the motion.
The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a
12
question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole or
13
in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the issues
14
for review by the court; 5) explore the possibility of settlement before the parties incur the expense of
15
briefing a motion; and 6) to develop a joint statement of undisputed facts.
16
The moving party SHALL initiate the meeting and SHALL provide a complete, proposed
17
statement of undisputed facts at least five days before the conference. The finalized joint statement of
18
undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be
19
deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint
20
statement of undisputed facts.
21
In the notice of motion the moving party SHALL certify that the parties have met and conferred
22
as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to
23
comply may result in the motion being stricken.
24
VIII. Pre-Trial Conference Date
25
January 10, 2018, at 10:00 a.m. in Courtroom 2 before Judge Ishii.
26
The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2).
27
The parties are further directed to submit a digital copy of their pretrial statement in Word format,
28
directly to Judge Ishii's chambers, by email at AWIOrders@caed.uscourts.gov.
5
Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the
1
2
Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference.
3
The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the
4
Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the
5
Court to explain the nature of the case to the jury during voir dire.
6
IX.
March 6, 2018, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii, United
7
8
Trial Date
States District Court Judge.
9
A.
This is a jury trial.
10
B.
Counsels' Estimate of Trial Time: 5-7 days.
11
C.
Counsels' attention is directed to Local Rules of Practice for the Eastern District of
12
California, Rule 285.
13
X.
14
Settlement Conference
A Settlement Conference is scheduled for December 19, 2016 at 1:30 p.m., located at 510 19th
15
Street, Bakersfield, California. The settlement conference will be conducted by Magistrate Judge
16
Thurston. If any party prefers that the settlement conference be conducted by a judicial officer
17
not assigned to this case, that party is directed to notify the Court no later than 60 days in
18
advance of the scheduled settlement conference to allow sufficient time for another judicial officer to
19
be assigned to handle the conference.
20
Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall
21
appear at the Settlement Conference with the parties and the person or persons having full authority
22
to negotiate and settle the case on any terms2 at the conference. Consideration of settlement is a
23
serious matter that requires preparation prior to the settlement conference. Set forth below are the
24
procedures the Court will employ, absent good cause, in conducting the conference.
25
26
27
28
2
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.
6
1
At least 21 days before the settlement conference, Plaintiff SHALL submit to Defendant via
2
fax or e-mail, a written itemization of damages and a meaningful3 settlement demand which includes a
3
brief explanation of why such a settlement is appropriate. Thereafter, no later than 14 days before the
4
settlement conference, Defendant SHALL respond, via fax or e-mail, with an acceptance of the offer or
5
with a meaningful counteroffer, which includes a brief explanation of why such a settlement is
6
appropriate.
7
If settlement is not achieved, each party SHALL attach copies of their settlement offers to their
8
Confidential Settlement Conference Statement, as described below. Copies of these documents shall
9
not be filed on the court docket.
CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT
10
11
At least five court days prior to the Settlement Conference, the parties shall submit, directly to
12
Judge Thurston's chambers by e-mail to JLTOrders@caed.uscourts.gov, a Confidential Settlement
13
Conference Statement. The statement should not be filed with the Clerk of the Court nor served on
14
any other party, although the parties may file a Notice of Lodging of Settlement Conference
15
Statement. Each statement shall be clearly marked "confidential" with the date and time of the
16
Settlement Conference indicated prominently thereon.
17
The Confidential Settlement Conference Statement shall include the following:
18
A.
A brief statement of the facts of the case.
19
B.
A brief statement of the claims and defenses, i.e., statutory or other grounds upon which
20
the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on
21
the claims and defenses; and a description of the major issues in dispute.
22
C.
A summary of the proceedings to date.
23
D.
An estimate of the cost and time to be expended for further discovery, pretrial and trial.
24
E.
The relief sought.
25
F.
The party's position on settlement, including present demands and offers and a history of
26
27
28
3
“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.
7
past settlement discussions, offers and demands.
1
2
XI.
Requests for Bifurcation, Appointment of Special Master, or other
3
Techniques to Shorten Trial
4
Not applicable at this time.
5
6
7
8
9
XII.
Related Matters Pending
There are no pending related matters.
XIII. Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure
and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any
10
amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently
11
handle its increasing case load, and sanctions will be imposed for failure to follow both the Federal
12
Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California.
13
XIV. Effect of this Order
14
The foregoing order represents the best estimate of the court and counsel as to the agenda most
15
suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the
16
parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered
17
to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by
18
subsequent status conference.
19
The dates set in this Order are considered to be firm and will not be modified absent a
20
showing of good cause even if the request to modify is made by stipulation. Stipulations
21
extending the deadlines contained herein will not be considered unless they are accompanied by
22
affidavits or declarations, and where appropriate attached exhibits, which establish good cause
23
for granting the relief requested.
24
Failure to comply with this order may result in the imposition of sanctions.
25
26
27
28
IT IS SO ORDERED.
Dated:
July 19, 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
8
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?