Hendrik Block v. Vartanian et al

Filing 33

SCHEDULING ORDER: Discovery Deadlines: Initial Disclosures: 12/20/2016; Non Expert Discovery: 7/17/2017; Expert Disclosures: 7/31/2017; Rebuttal Expert Disclosures: 8/14/2017; Expert Discovery: September 25, 2017. Mid-Discovery Status Conference set for 6/15/2017, at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Mid-Discovery Status Report shall be filed by 6/8/2017. Non-Dispositive Motions shall be filed by 9/25/2017. Dispositive Motions shall be filed by 10/25/2017. Settlement Conference set for 2/14/2017, at 01:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Pretrial Conference set for 1/31/2018, at 08:15 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. Jury Trial set for 3/27/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. Order signed by Magistrate Judge Sheila K. Oberto on 12/22/2016. (Thorp, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HENDRIK BLOCK,

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Plaintiff,
v.
GARY CHRISTIAN, et al.,
Defendants.

Case No. 1:16-cv-00650 LJO SKO
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Discovery Deadlines:
Initial Disclosures: December 20, 2016
Non Expert Discovery: July 17, 2017
Expert Disclosures: July 31, 2017
Rebuttal Expert Disclosures: August 14, 2017
Expert Discovery: September 25, 2017

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Mid-Discovery Status Conference Deadlines:
Status Report Filing: June 8, 2017
Status Conference: June 15, 2017

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Non-Dispositive Motion Deadlines:
Filing: September 25, 2017
Hearing: October 25, 2017

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Dispositive Motion Deadlines:
Filing: October 25, 2017
Hearing: December 6, 2017

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Settlement Conference:
February 14, 2017, at 1:00 p.m.
Courtroom 10

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Pre-Trial Conference:
January 31, 2018, at 8:15 a.m.
Courtroom 4

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Trial: March 27, 2018 at 8:30 a.m.
Courtroom 4
4 Trial Days

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I.

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The Scheduling Conference was held on December 15, 2016.

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II.

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Zachary Best, Esq., appeared on behalf of Plaintiff Hendrik Block.

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Michael Elder, Esq., appeared on behalf of Defendants Gary Christian, Bonnie Christian

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Date of Scheduling Conference

Appearances of Counsel

and Amanda Florez dba Public Auction R Us.

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III.

Consent to Magistrate Judge

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The United States District Judges of the Eastern District of California currently have the

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heaviest caseload in the nation. Therefore, pursuant to 28 U.S.C. § 636(c), the parties who have

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not consented to conduct all further proceedings in this case, including trial, before United States

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Magistrate Judge Sheila K. Oberto, are encouraged to consent to magistrate judge jurisdiction in

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an effort to have their case adjudicated in a timely and cost effective manner. Presently, when a

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civil trial is set before Chief Judge O’Neill any criminal trial set which conflicts with the civil

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trial will take priority, even if the civil trial was set first. Continuances of civil trials under these

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circumstances will no longer be entertained, absent a specific and stated finding of good cause,

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but the civil trial will instead trail from day to day or week to week until the completion of either

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the criminal case or the older civil case. The parties are advised that they are free to withhold

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consent or decline magistrate jurisdiction without adverse substantive consequences.

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IV.

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The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P.

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Initial Disclosure under Fed. R. Civ. P. 26(a)(1)

26(a)(1) on or before December 20, 2016.

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V.

Amendments to Pleadings

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Any motions or stipulations requesting leave to amend the pleadings must be filed by no

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later than January 13, 2017. The parties are advised that filing motions and/or stipulations

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requesting leave to amend the pleadings by January 13, 2017, does not reflect on the propriety of

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the amendment or imply good cause to modify the existing schedule, if necessary. All proposed

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amendments must (A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if the

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amendment requires any modification to the existing schedule, see Johnson v. Mammoth
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Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P.

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15(a), that such an amendment is not (1) prejudicial to the opposing party, (2) the product of

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undue delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis, 371 U.S. 178, 182

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(1962).

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VI.

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The parties are ordered to complete all non-expert discovery on or before July 17, 2017,

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Discovery Plan and Cut-Off Dates

and all expert discovery on or before September 25, 2017.

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The parties are directed to disclose all expert witnesses, in writing, on or before July 31,

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2017, and to disclose all rebuttal experts on or before August 14, 2017. The written designation

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

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(A), (B) and (C) and shall include all information required thereunder. Failure to designate

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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 properly disclosed in compliance with 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 relating to

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

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opinions included in the designation. Failure to comply will result in the imposition of sanctions,

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which may include striking the expert designation and preclusion of expert 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.

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The parties are cautioned that the discovery/expert cut-off deadlines are the dates by

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which all discovery must be completed. Absent good cause, discovery motions will not be heard

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after the discovery deadlines. Moreover, absent good cause, the Court will only grant relief on a

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discovery motion if the relief requested requires the parties to act before the expiration of the

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relevant discovery deadline. In other words, discovery requests and deposition notices must be

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served sufficiently in advance of the discovery deadlines to permit time for a response, time to

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meet and confer, time to prepare, file and hear a motion to compel and time to obtain relief on a

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motion to compel. Counsel are expected to take these contingencies into account when proposing
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discovery deadlines.

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A mid-discovery status conference is set for June 15, 2017, at 10:15 a.m. in Courtroom 7

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before U.S. Magistrate Judge Sheila K. Oberto. Telephonic appearances are approved; all parties

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appearing telephonically shall coordinate one conference call to the Court at the date and time for

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the conference. By no later than June 8, 2017, the parties shall file a report providing an updated

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status of the case and discovery proceedings. If the parties determine that a status conference is

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unnecessary, they may request that the Court vacate the conference.

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VII.

Pretrial Motion Schedule

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Unless prior leave of the Court is obtained at least 7 days before the filing date, all moving

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and opposition briefs or legal memorandum in civil cases shall not exceed 25 pages.

Reply

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briefs filed by the moving parties shall not exceed 10 pages. Before scheduling any motion, the

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parties must comply with all requirements set forth in Local Rule 230 and 251.

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A.

Non-Dispositive Pretrial Motions

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All non-dispositive pretrial motions, including any discovery motions, shall be filed by

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September 25, 2017, and heard on or before October 25, 2017. Non-dispositive motions are

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heard on Wednesdays at 9:30 a.m., before the United States Magistrate Judge Sheila K. Oberto in

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Courtroom 7.

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In scheduling such motions, the parties shall comply with Local Rule 230. The Magistrate

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Judge may grant Applications for an Order Shortening Time pursuant to Local Rule 144(e).

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However, if counsel does not obtain an Order Shortening Time, the Notice of Motion must

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comply with Local Rule 251.

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Compliance with the discovery deadlines requires motions to compel to be filed and heard

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sufficiently in advance of the discovery deadline so that the Court may grant effective relief

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within the allotted discovery time. A party’s failure to have a discovery dispute heard sufficiently

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in advance of the discovery cutoff may result in denial of the motion as untimely. Counsel may

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appear and argue non-dispositive motions by telephone, providing a request to so appear is made

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to the Magistrate Judge's Courtroom Clerk no later than 3 court days before the noticed hearing

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date. In the event that more than one attorney requests to appear by telephone, it shall be the
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obligation of the moving part(ies) to arrange and originate a conference call to the Court.

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Discovery Disputes: If a motion is brought under Fed. R. Civ. P. 37, the parties must

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prepare and file a Joint Statement re Discovery Disagreement (“Joint Statement”) as required by

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Local Rule 251. The Joint Statement must be filed 7 calendar days before the scheduled hearing

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date.

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delivered to the Clerk’s Office by 10:00 a.m. at least 4 court days before the scheduled hearing

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date. Motions will be removed from the court’s hearing calendar if the Joint Statement is not

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timely filed or if courtesy copies are not timely delivered. To satisfy the meet and confer

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requirement set forth in Local Rule 251(b), the parties must confer by speaking with each other in

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person, over the telephone or via video conferencing before the hearing about the discovery

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dispute. The Court may issue sanctions against the moving party or the opposing party if either

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party fails to meet and confer in good faith.

Courtesy copies of all motion-related documents, declarations, and exhibits must be

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B.

Dispositive Pretrial Motions

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All dispositive pretrial motions shall be filed no later than October 25, 2017, and heard no

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later than December 6, 2017, in Courtroom 4 before the Honorable Lawrence J. O’Neill, Chief

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United States District Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ.

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P 56 and Local Rules 230 and 260.

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Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for

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summary judgment or motion for summary adjudication the parties are ORDERED to meet, in

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person or by telephone, and confer to discuss the issues to be raised in the motion.

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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 for

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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, and 6) arrive at a

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Joint Statement of Undisputed Facts.

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The moving party shall initiate the meeting and provide a draft of the Joint Statement of

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Undisputed Facts. In addition to complying with the requirements of Local Rule 260 the
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moving party shall file a Joint Statement of Undisputed Facts.

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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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VIII. Pretrial Conference Date

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The Pretrial Conference is set for January 31, 2018, at 8:15 a.m. in Courtroom 4 before

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the Honorable Lawrence J. O’Neill, Chief United States District Judge.

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

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281(a)(2). The parties are further directed to submit a digital copy of their Pretrial Statement in

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Word

format,

directly

to

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Chief

Judge

O’Neill's

chambers

by

email

at

[e-mail].

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Counsel’s attention is directed to Rules 281 and 282 of the Local Rules for the Eastern

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District of California, as to the obligations of counsel in preparing for the Pretrial Conference.

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The Court will insist upon strict compliance with those rules. In addition to the matters set forth

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in the Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be

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used by the Court to explain the nature of the case to the jury during voir dire.

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IX.

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Trial is set for March 27, 2018, at 8:30 a.m. in Courtroom 4 before the Honorable

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Trial Date

Lawrence J. O’Neill, Chief United States District Court Judge.

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a.

This is a court trial.

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b.

Counsel's estimate of trial time: 4 days.

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c.

Counsel’s attention is directed to Local Rule 285 for the Eastern District of
California.

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X.

Settlement Conference

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A Settlement Conference is scheduled for February 14, 2017, at 1:00 p.m. in Courtroom

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10 before United States Magistrate Judge Erica P. Grosjean. Unless otherwise permitted in

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advance by the Court, the attorneys who will try the case shall appear at the Settlement

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Conference with the parties and the person or persons having full authority to negotiate and settle
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the case on any terms at the conference.

Insurance carriers, business organizations, and

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governmental bodies or agencies whose settlement agreements are subject to approval by

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legislative bodies, executive committees, boards of directors or the like shall be represented by a

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person or persons who occupy high executive positions in the party organization and who will be

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directly involved in the process of approval of any settlement offers or agreements. To the extent

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possible the representative shall have the authority, if he or she deems it appropriate, to settle the

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action on terms consistent with the opposing party’s most recent demand. At least 1 week prior

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to the Settlement Conference the parties shall submit, a Confidential Settlement Conference

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Statement directly to the chambers of Magistrate Judge Erica P. Grosjean by e-mail at

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[e-mail]. The statement should not be filed with the Clerk of Court nor

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

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Conference Statement. Each statement shall be clearly marked CONFIDENTIAL with the date

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and time of the Settlement Conference indicated prominently thereon.

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Settlement Conference Statement shall include the following:

The Confidential

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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

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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
trial,

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e.

The relief sought, and

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f.

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

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history of past settlement discussions, offers and demands.

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This Court will vacate the settlement conference if the Court finds the settlement

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conference will be neither productive nor meaningful in attempting to resolve all or part of this

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case. As far in advance of the settlement conference as possible, a party shall inform the Court
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and other parties that it believes the case is not in a settlement posture so the Court may vacate or

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reset the settlement conference.

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conference in good faith to attempt to resolve all or part of this case.

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XI.

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Otherwise the parties shall proceed with the settlement

Requests for Bifurcation, Appointment of Special Master, or Other
Techniques to Shorten Trial

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Not applicable at this time.

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XII.

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There are no pending related matters.

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XIII. Compliance with Federal Procedure

Related Matters Pending

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All counsel appearing are expected to familiarize themselves with the Federal Rules of

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Civil 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 for the

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Eastern District of California.

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Additional requirements and more detailed procedures for courtroom practice before

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United States Magistrate Judge Sheila K. Oberto can be found at the United States District Court

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for the Eastern District of California’s website (www.caed.uscourts.gov) under Judges, United

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States Magistrate Judge Sheila K. Oberto (SKO).1 All parties and counsel shall comply with the

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guidelines set forth therein.

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XIV. Effect of this Order

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This 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

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ordered to notify the Court immediately of that fact so that adjustments may be made, either by

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stipulation or by subsequent status conference.

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In the area entitled “Case Management Procedures,” there is a link to “Court Procedures.”

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

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

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establish good cause for granting the relief requested. The parties are advised that due to the

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impacted nature of civil cases on the district judges in the Eastern District of California, Fresno

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Division, that stipulations to continue set dates are disfavored and will not be granted absent good

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cause.

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Should counsel or a party appearing pro se fail to comply with the directions as set

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forth above, an ex parte hearing may be held and contempt sanctions, including monetary

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sanctions, dismissal, default, or other appropriate judgment, may be imposed and/or

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ordered.

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IT IS SO ORDERED.
Dated:

December 22, 2016

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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