Clear Recon Corp. v. All Claimants to Surplus Funds

Filing 13

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 3/3/2017. Pleading Amendment Deadline 6/2/2017. Discovery Deadlines: Initial Disclosures 3/9/2017; Non-Expert 9/1/2017; Expert 10/30/2017. Mid-Discovery Status Conference set for 6/23/2017 at 08:45 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive and Dispositive Motion Deadline: Filed by 1/12/2018. Settlement Conference set for 7/14/2017 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 4/16/2018 at 03:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial set for 6/12/2018 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 CLEAR RECON CORP1, ) ) Plaintiff, ) ) v. ) ALL CLAIMANTS TO SURPLUS ) FUNDSAFTER A TRUSTEE’S SALE OF ) THE REAL PROPERTY LOCATED AT ) 9903 CHEYENNE DRIVE, BAKERSFIELD, ) CA 93312, ) Defendants. ) Case No.: 1:16-cv-01837 DAD JLT SCHEDULING ORDER (Fed. R. Civ. P. 16)2 Pleading Amendment Deadline: 6/2/2017 Discovery Deadlines: Initial Disclosures: 3/9/2017 Non-Expert: 9/1/2017 Expert: 10/30/2017 Mid-Discovery Status Conference: 6/23/2017 at 8:45 a.m. 17 Non-Dispositive & Dispositive Motion Deadline: Filing: 1/12/2018 18 19 Settlement Conference: 7/14/17 9:00 a.m. 510 19th Street, Bakersfield, CA 20 21 23 Pre-Trial Conference: 4/16/2018 at 3:30 p.m. Courtroom 5 24 Trial: 22 25 6/12/2018 at 8:30 a.m. Courtroom 5 Court trial: 2 days 26 27 28 1 The court notes that Clear Recon Corp, having been discharged from this action will have no further involvement in this case. (Doc. 11 at 2; Doc. 12) 2 The Court finds the matter amenable to order without hearing. Thus, the hearing set on March 10, 2017 is VACATED. 1 1 I. Pleading Amendment Deadline Any requested pleading amendments are ordered to be filed, either through a stipulation or 2 3 motion to amend, no later than June 2, 2017. Any motion to amend the pleading SHALL be set before 4 the Honorable Dale A. Drozd, United States District Court Judge. 5 II. 6 7 8 9 10 11 12 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 9, 3017. The parties agree they will conduct discovery related to the nature of Ms. Rodriguez’s claim before conducting any other discovery. The parties are ordered to complete all discovery pertaining to non-experts on or before September 1, 2017 and all discovery pertaining to experts on or before October 30, 2017. The parties are directed to disclose all expert witnesses, in writing, on or before September 1, 13 2017, and to disclose all rebuttal experts on or before September 22, 2017. The written designation of 14 retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), 15 and (C) and shall include all information required thereunder. Failure to designate experts in 16 compliance with this order may result in the Court excluding the testimony or other evidence offered 17 through such experts that are not disclosed pursuant to this order. 18 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts 19 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 20 included in the designation. Failure to comply will result in the imposition of sanctions, which may 21 include striking the expert designation and preclusion of expert testimony. 22 23 24 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. A mid-discovery status conference is scheduled for June 23, 2017 at 8:45 a.m. before the 25 Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, 26 California. Counsel SHALL file a joint mid-discovery status conference report one week before the 27 conference. Counsel also SHALL lodge the status report via e-mail to 28 The joint statement SHALL outline the discovery counsel have completed and that which needs to be 2 1 completed as well as any impediments to completing the discovery within the deadlines set forth in this 2 order. Counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 3 1652736 provided they file a request to appear telephonically at least five court days in advance of the 4 hearing. 5 III. Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 6 7 than January 12, 2018 and heard on or before February 9, 2018. Discovery motions are heard before 8 the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States Courthouse in 9 Bakersfield, California. For these hearings, counsel may appear via teleconference by dialing (888) 10 557-8511 and entering Access Code 1652736 provided they file a request to appear telephonically at 11 least five court days in advance of the hearing. All other non-dispositive hearings SHALL be set before 12 Judge Drozd. No motion to amend or stipulation to amend the case schedule will be entertained unless it 13 14 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 15 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 16 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 17 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 18 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the 19 obligation of the moving party to arrange and originate the conference call to the court. To schedule 20 this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at 21 (661) 326-6620 or via email at Counsel must comply with Local Rule 251 22 with respect to discovery disputes or the motion will be denied without prejudice and dropped 23 from the Court’s calendar. All dispositive pre-trial motions shall be filed no later than January 12, 2018, and heard no 24 25 later than February 20, 2018, in Courtroom 5 at 8:30 a.m. before the Honorable Dale A. Drozd, United 26 States District Court Judge. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 27 and Local Rules 230 and 260. 28 /// 3 1 IV. Motions for Summary Judgment or Summary Adjudication 2 At least 21 days before filing a motion for summary judgment or motion for summary 3 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 4 to be raised in the motion. 5 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 6 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 7 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 8 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 9 expense of briefing a motion; and 6) to develop a joint statement of undisputed facts. The moving party SHALL initiate the meeting and SHALL provide a complete, proposed 10 11 statement of undisputed facts at least five days before the conference. The finalized joint statement of 12 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 13 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 14 statement of undisputed facts. In the notice of motion the moving party SHALL certify that the parties have met and conferred 15 16 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to 17 comply may result in the motion being stricken. 18 V. Pre-Trial Conference Date 19 April 16, 2018 at 3:30 p.m. in Courtroom 5 before Judge Drozd.3 20 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). 21 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 22 directly to Judge Drozd's chambers, by email at 23 Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 24 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 25 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 26 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 27 28 3 In light of the fact that this will be a court trial, Judge Drozd may choose to forego a pretrial conference in advance of the bench trial. 4 1 Court to explain the nature of the case to the jury during voir dire. 2 VI. June 12, 2018 at 8:30 a.m. in Courtroom 5 before the Honorable Dale A. Drozd, United States 3 4 Trial Date District Court Judge. 5 A. This is a court trial. 6 B. Counsels' Estimate of Trial Time: 2 days. 7 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 8 California, Rule 285. 9 VII. 10 Settlement Conference A Settlement Conference is scheduled for July 14, 20184 at 9:00 a.m. at 510 19th Street, 11 Bakersfield, California. Notwithstanding the provisions of Local Rule 270(b), the settlement 12 conference will be conducted by Magistrate Judge Thurston. The Court deems the deviation from the 13 Local Rule to be appropriate and in the interests of the parties and justice and sound case management 14 based upon the venue. If any party prefers that the settlement conference is conducted by a judicial 15 officer not already assigned to this case, that party is directed to notify the Court at least 60 days in 16 advance of the scheduled settlement conference to allow sufficient time for another judicial officer to 17 be assigned to handle the conference. 18 Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall 19 appear at the Settlement Conference with the parties and the person or persons having full authority 20 to negotiate and settle the case on any terms5 at the conference. Consideration of settlement is a 21 serious matter that requires preparation prior to the settlement conference. Set forth below are the 22 procedures the Court will employ, absent good cause, in conducting the conference. 23 At least 21 days before the settlement conference, Plaintiff SHALL submit to Defendant via 24 25 26 27 28 4 If counsel determine the case is not in a settlement posture on this date or this date conflicts with their calendars, they may stipulate to a different date provided they pre-clear the proposed date with the Court. 5 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. 5 1 fax or e-mail, a written itemization of damages and a meaningful6 settlement demand which includes a 2 brief explanation of why such a settlement is appropriate. Thereafter, no later than 14 days before the 3 settlement conference, Defendant SHALL respond, via fax or e-mail, with an acceptance of the offer or 4 with a meaningful counteroffer, which includes a brief explanation of why such a settlement is 5 appropriate. 6 If settlement is not achieved, each party SHALL attach copies of their settlement offers to their 7 Confidential Settlement Conference Statement, as described below. Copies of these documents shall 8 not be filed on the court docket. CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT 9 10 At least five court days before the settlement conference, the parties shall submit, directly to 11 Judge Thurston's chambers by e-mail to, a Confidential Settlement 12 Conference Statement. The statement should not be filed with the Clerk of the Court nor served on 13 any other party, although the parties may file a Notice of Lodging of Settlement Conference 14 Statement. Each statement shall be clearly marked "confidential" with the date and time of the 15 settlement conference indicated prominently thereon. 16 The Confidential Settlement Conference Statement shall include the following: 17 A. A brief statement of the facts of the case. 18 B. A brief statement of the claims and defenses, i.e., statutory or other grounds upon which 19 the claims are founded; a forthright evaluation of the parties' likelihood of prevailing on 20 the claims and defenses; and a description of the major issues in dispute. 21 C. A summary of the proceedings to date. 22 D. An estimate of the cost and time to be expended for further discovery, pretrial and trial. 23 E. The relief sought. 24 F. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands. 25 26 27 28 6 “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. 6 1 VIII. Request for Bifurcation, Appointment of Special Master, or other 2 Techniques to Shorten Trial 3 Not applicable at this time. 4 IX. There are no pending related matters. 5 6 Related Matters Pending X. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 7 8 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 9 amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently 10 handle its increasing case load and sanctions will be imposed for failure to follow the Rules as provided 11 in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of 12 California. 13 XI. 14 Effect of this Order 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: March 3, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7

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