Trujillo v. Dann's Discount Auto Sales, Inc. et al
Filing
18
SCHEDULING ORDER, signed by Magistrate Judge Stanley A. Boone on 03/31/17.(Dispositive Motions filed by 3/2/2018, Non-Dispositive Motions filed by 10/27/2017, Jury Trial set for 8/14/2018 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Sta nley A. Boone, Pretrial Conference set for 6/29/2018 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone, Settlement Conference set for 7/14/2017 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney) (Martin-Gill, S)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
Case No. 1: 17-cv-00065-SAB
10
SCHEDULING ORDER (Fed. R. Civ. P. 16)
11
Discovery Deadlines:
Initial Disclosures: April 4, 2017
Non-Expert Discovery: October 27, 2017
Expert Disclosure: November 13, 2017
Supp Expert Disclosure: November 27, 2017
Expert Discovery: January 19, 2018
12
JOSE TRUJILLO,
13
Plaintiff,
14
Non-Dispositive Motion Deadlines:
Filing: October 27, 2017
Hearing: Pursuant to Local Rules
15
16
v.
Dispositive Motion Deadlines:
Filing: March 2, 2018
Hearing: Pursuant to Local Rules
17
18
19
20
DANN'S DISCOUNT AUTO SALES,
INC.,
Defendants.
21
22
Settlement Conference:
July 14, 2017 at 9:30 a.m.
Courtroom 24
Pre-Trial Conference:
June 29, 2018 at 9:30 a.m.
Courtroom 9
Trial: August 14, 2018 at 8:30 a.m.
Courtroom 9
Jury Trial - 5 Days
23
24
25
26
I.
Date of Scheduling Conference
27
The Scheduling Conference was held on March 28, 2017.
28
1
1
II.
2
Zachary Best telephonically appeared on behalf of Plaintiff.
3
Erica Rosasco telephonically appeared on behalf of Defendants.
4
III.
5
The parties have consented to proceed before a United States magistrate judge.
6
IV.
7
The Parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P.
8
9
Appearances of Counsel
Consent to Magistrate Judge
Initial Disclosure under Fed. R. Civ. P. 26(a)(1)
26(a)(1) on or before April 4, 2017.
V.
Amendments to Pleading
10
The parties are advised that filing motions and/or stipulations requesting leave to amend
11
the pleadings does not reflect on the propriety of the amendment or imply good cause to modify
12
the existing schedule, if necessary. All proposed amendments must (A) be supported by good
13
cause pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any modification to the existing
14
schedule, see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B)
15
establish, under Fed. R. Civ. P. 15(a), that such an amendment is not (1) prejudicial to the
16
opposing party, (2) the product of undue delay, (3) proposed in bad faith, or (4) futile, see Foman
17
v. Davis, 371 U.S. 178, 182 (1962).
18
VI.
19
The parties are ordered to complete all non-expert discovery on or before October 27,
20
Discovery Plan and Cut-Off Dates
2017 and all expert discovery on or before January 19, 2018.
21
The parties are directed to disclose all expert witnesses, in writing, on or before
22
November 13, 2017 and to disclose all supplemental experts on or before November 27, 2017.
23
The written designation of retained and non-retained experts shall be made pursuant to Fed. R.
24
Civ. P. 26(a)(2), (A), (B) and (C) and shall include all information required thereunder.
25
Failure to designate experts in compliance with this order may result in the Court excluding the
26
testimony or other evidence offered through the experts that are not properly disclosed in
27
compliance with this order.
28
2
1
The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to
2
experts and their opinions. Experts must be fully prepared to be examined on all subjects and
3
opinions included in the designation. Failure to comply will result in the imposition of sanctions,
4
which may include striking the expert designation and the exclusion of their testimony.
5
6
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.
7
The parties are cautioned that the discovery/expert cut-off deadlines are the dates by
8
which all discovery must be completed. Absent good cause, discovery motions will not be heard
9
after the discovery deadlines. Moreover, absent good cause, the Court will only grant relief on a
10
discovery motion if the relief requested requires the parties to act before the expiration of the
11
relevant discovery deadline. In other words, discovery requests and deposition notices must be
12
served sufficiently in advance of the discovery deadlines to permit time for a response, time to
13
meet and confer, time to prepare, file and hear a motion to compel and time to obtain relief on a
14
motion to compel. Counsel are expected to take these contingencies into account when proposing
15
discovery deadlines. Compliance with these discovery cutoffs requires motions to compel be
16
filed and heard sufficiently in advance of the discovery cutoff so that the Court may grant
17
effective relief within the allotted discovery time. A party's failure to have a discovery dispute
18
heard sufficiently in advance of the discovery cutoff may result in denial of the motion as
19
untimely.
20
VII.
Pre-Trial Motion Schedule
21
Unless prior leave of Court is obtained at least seven (7) days before the filing date, all
22
moving and opposition briefs or legal memorandum in civil cases shall not exceed twenty-five
23
(25) pages. Reply briefs filed by moving parties shall not exceed ten (10) pages. Before
24
scheduling any motion, the parties must comply with all requirements set forth in Local Rule 230
25
and 251.
26
A.
27
As noted, all non-expert discovery, including motions to compel, shall be completed no
28
Non-Dispositive Pre-Trial Motions
later than October 27, 2017.
All expert discovery, including motions to compel, shall be
3
1
completed no later than January 19, 2018. Compliance with these discovery cutoffs requires
2
motions to compel be filed and heard sufficiently in advance of the discovery cutoff so that the
3
Court may grant effective relief within the allotted discovery time. A party’s failure to have a
4
discovery dispute heard sufficiently in advance of the discovery cutoff may result in denial of the
5
motion as untimely. Non-dispositive motions are heard on Wednesdays at 10:00 a.m., before
6
United States Magistrate Judge Stanley A. Boone in Courtroom 9.
7
In scheduling any non-dispositive motion, the Magistrate Judge may grant Applications
8
for an Order Shortening Time pursuant to Local Rule 144(e). However, if counsel does not
9
obtain an Order Shortening Time, the Notice of Motion must comply with Local Rule 251.
10
Counsel may appear and argue non-dispositive motions by telephone, providing a written
11
request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than three (3)
12
court days before the noticed hearing date. In the event that more than one attorney requests to
13
appear by telephone, then it shall be the obligation of the moving party(ies) to arrange and
14
originate a conference call to the court.
15
Discovery Disputes: If a motion is brought under Fed. R. Civ. P. 37, the parties must
16
prepare and file a Joint Statement re Discovery Disagreement (“Joint Statement”) as required by
17
Local Rule 251. The Joint Statement must be filed seven (7) calendar days before the scheduled
18
hearing date. Courtesy copies of all motion-related documents, declarations, and exhibits must be
19
delivered to the Clerk’s Office by 10:00 a.m. on the fourth court day prior to the scheduled
20
hearing date. Motions will be removed from the court’s hearing calendar if the Joint Statement is
21
not timely filed or if courtesy copies are not timely delivered. In order to satisfy the meet and
22
confer requirement set forth in Local Rule 251(b), the parties must confer and talk to each other
23
in person, over the telephone or via video conferencing before the hearing about the discovery
24
dispute. The Court may issue sanctions against the moving party or the opposing party if either
25
party fails to meet and confer in good faith.
26
B.
Dispositive Pre-Trial Motions
27
All dispositive pre-trial motions shall be filed no later than March 2, 2018 and heard
28
pursuant to the Local Rules in Courtroom 9 before United States Magistrate Judge Stanley A.
4
1
Boone. In scheduling such motions, counsel shall comply with Fed. R. Civ. P 56 and Local
2
Rules 230 and 260.
3
Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for
4
summary judgment or motion for summary adjudication, the parties are ORDERED to meet, in
5
person or by telephone, and confer to discuss the issues to be raised in the motion.
6
The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment
7
where a question of fact exists; 2) determine whether the respondent agrees that the motion has
8
merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of
9
briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement
10
before the parties incur the expense of briefing a summary judgment motion; and 6) to arrive at a
11
Joint Statement of Undisputed Facts.
12
The moving party shall initiate the meeting and provide a draft of the Joint Statement of
13
Undisputed Facts. In addition to the requirements of Local Rule 260, the moving party shall
14
file a Joint Statement of Undisputed Facts.
15
In the Notice of Motion, the moving party shall certify that the parties have met and
16
conferred as ordered above or set forth a statement of good cause for the failure to meet and
17
confer.
18
VIII. Pre-Trial Conference Date
19
The Pre-Trial conference is set for June 29, 2018 at 9:30 a.m. in Courtroom 9 before
20
United States Magistrate Judge Stanley A. Boone.
21
The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule
22
281(a)(2). The parties are further directed to submit a digital copy of their Pretrial Statement in
23
Word format, directly to Magistrate Judge Stanley A. Boone’s chambers by email at
24
SABorders@caed.uscourts.gov.
25
Counsels’ attention is directed to Rules 281 and 282 of the Local Rules for the Eastern
26
District of California, as to the obligations of counsel in preparing for the pre-trial conference.
27
The Court will insist upon strict compliance with those rules. In addition to the matters set forth
28
in the Local Rules, the Joint Pretrial Statement shall include a Joint Statement of the Case to be
5
1
used by the Court to explain the nature of the case to the jury during voir dire.
2
IX.
3
Trial is set for August 14, 2018 at 8:30 a.m. in Courtroom 9 before United States
4
Trial Date
Magistrate Judge Stanley A. Boone.
5
A.
This is a jury trial.
6
B.
Counsels’ Estimate of Trial Time: 5 Days.
7
C.
Counsels’ attention is directed to Local Rule 285 for the Eastern District of
8
9
California.
X.
Settlement Conference
10
A Settlement Conference is scheduled for July 14, 2017 at 9:30 a.m. in Courtroom 24
11
before United States Magistrate Judge Carolyn K. Delany. "The parties are instructed to consult
12
Judge Delaney’s standing order regarding settlement information found on the court’s website at
13
www.caed.uscourts.gov" .
14
XI.
15
Request for Bifurcation, Appointment of Special Master, or other Techniques
to Shorten Trial
16
Not applicable at this time.
17
XII.
18
There are no pending related matters.
19
XIII. Compliance with Federal Procedure
20
All counsel are expected to familiarize themselves with the Federal Rules of Civil
21
Procedure and the Local Rules of the Eastern District of California, and to keep abreast of any
22
amendments thereto.
23
efficiently handle its increasing case load and sanctions will be imposed for failure to follow the
24
Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules for the
25
Eastern District of California.
Related Matters Pending
The Court must insist upon compliance with these Rules if it is to
26
Additional requirements and more detailed procedures for courtroom practice before
27
United States Magistrate Judge Stanley A. Boone can be found at the United States District Court
28
for the Eastern District of California’s website (www.caed.uscourts.gov) under Judges; United
6
1
States Magistrate Judge Stanley A. Boone (SAB).
In the area entitled “Case Management
2
Procedures,” there is a link to “Standard Information.” All parties and counsel shall comply with
3
the guidelines set forth therein.
4
XIV. Effect of this Order
5
The foregoing order represents the best estimate of the court and counsel as to the agenda
6
most suitable to dispose of this case. The trial date reserved is specifically reserved for this case.
7
If the parties determine at any time that the schedule outlined in this order cannot be met, counsel
8
are ordered to notify the court immediately of that fact so that adjustments may be made, either
9
by stipulation or by subsequent status conference.
10
Stipulations extending the deadlines contained herein will not be considered unless
11
they are accompanied by affidavits or declarations, and where appropriate attached
12
exhibits, which establish good cause for granting the relief requested. The parties are
13
advised that due to the impacted nature of civil cases on the district judges in the Eastern
14
District of California, Fresno Division, that stipulations to continue set dates are disfavored
15
and will not be granted absent good cause.
16
Lastly, should counsel or a party appearing pro se fail to comply with the directions
17
as set forth above, an ex parte hearing may be held and contempt sanctions, including
18
monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed
19
and/or ordered.
20
21
22
IT IS SO ORDERED.
Dated:
March 31, 2017
UNITED STATES MAGISTRATE JUDGE
23
24
25
26
27
28
7
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?