Defrenza v. Progressive Express Insurance Company

Filing 12

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 9/1/2016. Pleading Amendment Deadline 12/2/2016. Discovery Deadlines: Initial Disclosures 9/6/2016; Non-Expert 6/9/2017; Expert 6/9/2017. Mid-Discovery Status Conference set for 1/18/2017 at 08:15 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 6/23/2017; Hearing by 7/21/2017. Dispositive Motion Deadlines: Filed by 8/4/2017; Hearing by 9/27/2017. Pretrial Conference set for 11/21/2017 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Bench Trial set for 1/16/2018 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN MICHAEL DEFRENZA,

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Plaintiff,

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v.
PROGRESSIVE EXPRESS INSURANCE
COMPANY,

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Defendants.
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Case No.: 1:16-cv-00736 AWI JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 12/2/2016
Discovery Deadlines:
Initial Disclosures: 9/6/2016
Non-Expert: 6/9/2017
Expert: 6/9/2017
Mid-Discovery Status Conference:
1/18/2017 at 8:15 a.m.

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Non-Dispositive Motion Deadlines:
Filing: 6/23/2017
Hearing: 7/21/2017

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Dispositive Motion Deadlines:
Filing: 8/4/2017
Hearing: 9/27/2017

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Pre-Trial Conference:
11/21/2017 at 10:00 a.m.
Courtroom 2

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Trial:

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I.

Date of Scheduling Conference
September 1, 2016.
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1/16/2018 at 8:30 a.m.
Courtroom 2
Court trial: 5 days

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II.

Appearances of Counsel

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Jeremy D. Swanson appeared on behalf of Plaintiff.

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Julia Azrael appeared on behalf of Progressive Insurance Company

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Information Concerning the Court’s Schedule

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Out of fairness, the Court believes it is necessary to forewarn litigants that the Fresno

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Division of the Eastern District of California now has the heaviest District Court Judge caseload in

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the entire nation. While the Court will use its best efforts to resolve this case and all other civil cases

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in a timely manner, the parties are admonished that not all of the parties’ needs and expectations may

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be met as expeditiously as desired. As multiple trials are now being set to begin upon the same

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date, parties may find their case trailing with little notice before the trial begins. The law requires

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that the Court give any criminal trial priority over civil trials or any other matter. The Court must

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proceed with a criminal trial even if a civil trial was filed earlier and set for trial first. Continuances

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of any civil trial under these circumstances will no longer be entertained, absent a specific and stated

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finding of good cause. All parties should be informed that any civil trial set to begin during the time

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a criminal trial is proceeding will trail the completion of the criminal trial.

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The parties are reminded of the availability of a United States Magistrate Judge to conduct all

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proceedings in this action. A United States Magistrate Judge is available to conduct trials, including

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entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil Procedure 73, and

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Local Rule 305. The same jury pool is used by both United States Magistrate Judges and United

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States District Court Judges. Any appeal from a judgment entered by a United States Magistrate

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Judge is taken directly to the United States Court of Appeal for the Ninth Circuit. However, the

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parties are hereby informed that no substantive rulings or decisions will be affected by whether a

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party chooses to consent.

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Finally, the Fresno Division of the Eastern District of California, whenever possible, is

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utilizing United States Article III District Court Judges from throughout the nation as Visiting

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Judges. Pursuant to the Local Rules, Appendix A, reassignments will be random, and the parties

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will receive no advance notice before their case is reassigned to an Article III District Court Judge

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from outside of the Eastern District of California.
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The plaintiff has indicated his consent to the jurisdiction of the assigned magistrate judge.

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The Defendant is ORDERED to consider consenting to Magistrate Judge jurisdiction to conduct all

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further proceedings, including trial. Within 10 days of the date of this order, counsel SHALL file a

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consent/decline form (provided by the Court at the inception of this case) indicating whether

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Plaintiff will consent to the jurisdiction of the Magistrate Judge.

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IV.

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 December 2, 2016.

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V.

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

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26(a)(1) on or before September 6, 2016.
The parties are ordered to complete all discovery pertaining to non-experts on or before

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Discovery Plan and Cut-Off Date

June 9, 2017 and all discovery pertaining to experts on or before June 9, 2017.
The parties are directed to disclose all expert witnesses1, in writing, on or before April 7,

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2017, and to disclose all rebuttal experts on or before May 5, 2017. The written designation of

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

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

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

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offered through such experts that are not disclosed pursuant to this order.
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.
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 January 18, 2017 at 8:15 a.m. before the

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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.

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Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield,

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California. Counsel SHALL file a joint mid-discovery status conference report one week before the

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conference. Counsel also SHALL lodge the status report via e-mail to

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[e-mail]. The joint statement SHALL outline the discovery counsel have

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completed and that which needs to be completed as well as any impediments to completing the

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discovery within the deadlines set forth in this order. Counsel may appear via CourtCall, providing a

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written notice of the intent to appear telephonically is provided to the Magistrate Judge's Courtroom

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Deputy Clerk no later than five court days before the noticed hearing date.

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VI.

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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 June 23, 2017, and heard on or before July 21, 2017. Non-dispositive motions are heard at

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9:00 a.m., before the Honorable Jennifer L. Thurston, United States Magistrate Judge, at the United

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States District Courthouse located at 510 19th Street, Bakersfield, California.

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

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

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

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

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

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

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Courtroom Deputy Clerk, Susan Hall at [phone] or via email at [e-mail].

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Counsel must comply with Local Rule 251 with respect to discovery disputes or the motion will

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be denied without prejudice and dropped from calendar. In scheduling such motions, the

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Magistrate 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 comply with

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Local Rule 251.

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Counsel may appear and argue non-dispositive motions via CourtCall, providing 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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All dispositive pre-trial motions shall be filed no later than August 4, 2017, and heard no

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later than September 27, 2017, in Courtroom 2 at 8:30 a.m. before the Honorable Anthony W. Ishii,

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

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Civ. P. 56 and Local Rules 230 and 260.

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VII.

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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.

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The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where

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

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whole or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4)

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narrow the issues for review by the court; 5) explore the possibility of settlement before the parties

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incur the expense of briefing a motion; and 6) to develop a joint statement of undisputed facts.

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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 statement

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

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be deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the

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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 confer.

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Failure to comply may result in the motion being stricken.

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VIII. Pre-Trial Conference Date

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November 21, 2017, at 10:00 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 Rule

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

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format, directly to Judge Ishii's chambers, by email at [e-mail].

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Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the
Eastern District of California, as to the obligations of counsel in preparing for the pre-trial
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conference. The Court will insist upon strict compliance with those rules. In addition to the matters

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

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

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IX.

January 16, 2018, at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii,

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Trial Date

United States District Court Judge.

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A.

This is a court trial.

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B.

Parties' Estimate of Trial Time: 2-3 days.

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C.

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

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California, Rule 285.

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X.

Settlement Conference
The parties intend to undergo private mediation. If they decide they would like a Court-

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sponsored settlement conference, they may file a stipulation with proposed dates and the Court will

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set a conference. The settlement conference will be conducted by Judge Thurston unless any party

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prefers that it is conducted by a judicial officer not normally assigned to the case.2

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XI.

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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XII.

There are no pending related matters.

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Related Matters Pending

XIII. 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 if it is to efficiently

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handle its increasing case load and sanctions will be imposed for failure to follow the Rules as

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provided in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern

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At the conference, Ms. Azrael indicating having a good experience in a different case with a volunteer neutral. If the
parties would like this person to conduct the settlement conference, they may make this request (and identify the name of
the volunteer neutral) and the Court will request the volunteer handle this matter as well.

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District of California.

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XIV. Effect of this Order

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The foregoing order represents the best estimate of the court and counsel as to the agenda

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

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the 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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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. Stipulations

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

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

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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.
Dated:

September 1, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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