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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1: 17-cv-00065-SAB

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SCHEDULING ORDER (Fed. R. Civ. P. 16)

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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

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JOSE TRUJILLO,

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Plaintiff,

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Non-Dispositive Motion Deadlines:
Filing: October 27, 2017
Hearing: Pursuant to Local Rules

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v.
Dispositive Motion Deadlines:
Filing: March 2, 2018
Hearing: Pursuant to Local Rules

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DANN'S DISCOUNT AUTO SALES,
INC.,
Defendants.

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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

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I.

Date of Scheduling Conference

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The Scheduling Conference was held on March 28, 2017.
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II.

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Zachary Best telephonically appeared on behalf of Plaintiff.

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Erica Rosasco telephonically appeared on behalf of Defendants.

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III.

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The parties have consented to proceed before a United States magistrate judge.

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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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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

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The parties are advised that filing motions and/or stipulations requesting leave to amend

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the pleadings does not reflect on the propriety of the amendment or imply good cause to modify

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the existing schedule, if necessary. All proposed amendments must (A) be supported by good

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cause pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any modification to the existing

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schedule, see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B)

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establish, under Fed. R. Civ. P. 15(a), that such an amendment is not (1) prejudicial to the

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opposing party, (2) the product of undue delay, (3) proposed in bad faith, or (4) futile, see Foman

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v. Davis, 371 U.S. 178, 182 (1962).

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VI.

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The parties are ordered to complete all non-expert discovery on or before October 27,

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Discovery Plan and Cut-Off Dates

2017 and all expert discovery on or before January 19, 2018.

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

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November 13, 2017 and to disclose all supplemental experts on or before November 27, 2017.

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The written designation of retained and non-retained experts shall be made pursuant to Fed. R.

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Civ. P. 26(a)(2), (A), (B) and (C) and shall include all information required thereunder.

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Failure to designate experts in compliance with this order may result in the Court excluding the

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testimony or other evidence offered through the experts that are not properly disclosed in

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compliance with this 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 the exclusion of their 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. Compliance with these discovery cutoffs requires motions to compel be

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filed and heard sufficiently in advance of the discovery cutoff so that the Court may grant

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effective relief within the allotted discovery time. A party's failure to have a discovery dispute

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heard sufficiently in advance of the discovery cutoff may result in denial of the motion as

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untimely.

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VII.

Pre-Trial Motion Schedule

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

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moving and opposition briefs or legal memorandum in civil cases shall not exceed twenty-five

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(25) pages. Reply briefs filed by moving parties shall not exceed ten (10) pages. Before

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scheduling any motion, the parties must comply with all requirements set forth in Local Rule 230

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and 251.

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A.

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As noted, all non-expert discovery, including motions to compel, shall be completed no

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Non-Dispositive Pre-Trial Motions

later than October 27, 2017.

All expert discovery, including motions to compel, shall be
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completed no later than January 19, 2018. Compliance with these discovery cutoffs requires

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motions to compel be filed and heard sufficiently in advance of the discovery cutoff so that the

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Court may grant effective relief within the allotted discovery time. A party’s failure to have a

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discovery dispute heard sufficiently in advance of the discovery cutoff may result in denial of the

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motion as untimely. Non-dispositive motions are heard on Wednesdays at 10:00 a.m., before

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United States Magistrate Judge Stanley A. Boone in Courtroom 9.

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In scheduling any non-dispositive motion, the Magistrate Judge may grant Applications

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for an Order Shortening Time pursuant to Local Rule 144(e). However, if counsel does not

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obtain an Order Shortening Time, the Notice of Motion must comply with Local Rule 251.

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Counsel may appear and argue non-dispositive motions by telephone, providing a written

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request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than three (3)

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court days before the noticed hearing date. In the event that more than one attorney requests to

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appear by telephone, then it shall be the obligation of the moving party(ies) to arrange and

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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 seven (7) calendar days before the scheduled

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

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delivered to the Clerk’s Office by 10:00 a.m. on the fourth court day prior to the scheduled

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hearing date. Motions will be removed from the court’s hearing calendar if the Joint Statement is

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not timely filed or if courtesy copies are not timely delivered. In order to satisfy the meet and

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confer requirement set forth in Local Rule 251(b), the parties must confer and talk to each other

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in 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.

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B.

Dispositive Pre-Trial Motions

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All dispositive pre-trial motions shall be filed no later than March 2, 2018 and heard

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pursuant to the Local Rules in Courtroom 9 before United States Magistrate Judge Stanley A.
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Boone. In scheduling such motions, counsel shall comply with Fed. R. Civ. P 56 and Local

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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 of

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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) to 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 the requirements of Local Rule 260, the moving party shall

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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. Pre-Trial Conference Date

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The Pre-Trial conference is set for June 29, 2018 at 9:30 a.m. in Courtroom 9 before

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United States Magistrate Judge Stanley A. Boone.

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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 Magistrate Judge Stanley A. Boone’s chambers by email at

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[e-mail].

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Counsels’ 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 pre-trial 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 August 14, 2018 at 8:30 a.m. in Courtroom 9 before United States

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Trial Date

Magistrate Judge Stanley A. Boone.

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A.

This is a jury trial.

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B.

Counsels’ Estimate of Trial Time: 5 Days.

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C.

Counsels’ attention is directed to Local Rule 285 for the Eastern District of

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California.
X.

Settlement Conference

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A Settlement Conference is scheduled for July 14, 2017 at 9:30 a.m. in Courtroom 24

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before United States Magistrate Judge Carolyn K. Delany. "The parties are instructed to consult

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Judge Delaney’s standing order regarding settlement information found on the court’s website at

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www.caed.uscourts.gov" .

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XI.

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Request 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

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

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Procedure and the Local Rules of the Eastern District of California, and to keep abreast of any

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amendments thereto.

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

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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.

Related Matters Pending

The Court must insist upon compliance with these Rules if it is to

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Additional requirements and more detailed procedures for courtroom practice before

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United States Magistrate Judge Stanley A. Boone 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 Stanley A. Boone (SAB).

In the area entitled “Case Management

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Procedures,” there is a link to “Standard Information.” All parties and counsel shall comply with

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the guidelines set forth therein.

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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.

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If the parties determine at any time that the schedule outlined in this order cannot be met, counsel

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are ordered to notify the court immediately of that fact so that adjustments may be made, either

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by stipulation or by subsequent status conference.

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Stipulations extending the deadlines contained herein will not be considered unless

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they are accompanied by affidavits or declarations, and where appropriate attached

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exhibits, which establish good cause for granting the relief requested. The parties are

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advised that due to the impacted nature of civil cases on the district judges in the Eastern

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District of California, Fresno Division, that stipulations to continue set dates are disfavored

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and will not be granted absent good cause.

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Lastly, should counsel or a party appearing pro se fail to comply with the directions

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

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monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed

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and/or ordered.

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IT IS SO ORDERED.
Dated:

March 31, 2017
UNITED STATES MAGISTRATE JUDGE

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