Joseph Sanzberro v. Ocwen Mortgage Servicing, Inc. et al

Filing 31

ORDER setting this matter for an Initial Scheduling Conference for 2/14/2018 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean pursuant to the relating/reassignment of this matter to case nos. 1:17-CV-00643-DAD-EPG, 1:17-CV -00645-DAD-EPG, 1:17-CV-00649-DAD-EPG, 1:17-CV-00655-DAD-EPG, 2:17-CV-00967-DAD-EPG, 2:17-CV-00972-DAD-EPG, and 2:17-CV-00979-DAD-EPG. The Court further ORDERS any pending scheduling conference VACATED. Order signed by Magistrate Judge Erica P. Grosjean on 10/4/2017. (Rooney, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELIZABETH BRANDT,

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No. 1:17-CV-00643-DAD-EPG

Plaintiff,
v.
OCWEN LOAN SERVICING, LLC,

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ORDER SETTING SCHEDULING
CONFERENCE

Defendants.

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JOSEPH SANZBERRO,
Plaintiff,

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v.
OCWEN LOAN SERVICING, LLC,
Defendants.

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JUANA SILVA,

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No. 1:17-CV-00644-DAD-EPG

No. 1:17-CV-00645-DAD-EPG
Plaintiff,

v.
OCWEN LOAN SERVICING, LLC,

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Defendants.

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KARI ALVERSON,
Plaintiff,

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No. 1:17-CV-00649-DAD-EPG

v.
OCWEN LOAN SERVICING, LLC,
Defendants.

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ALICE JONES,

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No. 1:17-CV-00655-DAD-EPG
Plaintiff,

v.
OCWEN LOAN SERVICING, LLC,

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Defendants.

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LAURIE CALDERON,

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No. 2:17-CV-00967-DAD-EPG

Plaintiff,
v.
OCWEN LOAN SERVICING, LLC,

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Defendants.

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DOREEN BYNDLOSS-COLLINS,
Plaintiff,

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v.
OCWEN LOAN SERVICING, LLC,
Defendants.

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TOBI BROWNING,

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No. 2:17-CV-00972-DAD-EPG

No. 2:17-CV-00979-DAD-EPG

Plaintiff,
v.
OCWEN LOAN SERVICING, LLC,
Defendants.

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Pursuant to the Court’s Order relating and reassigning these matters to District Judge Dale

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A. Drozd and Magistrate Judge Erica P. Grosjean, the Court vacates any existing scheduling

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conference and sets a formal Scheduling Conference before United States Magistrate Judge Erica

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P. Grosjean, in Courtroom 10 at the United States Courthouse, 2500 Tulare Street, Fresno, CA

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93721, to be held on February 14, 2018, at 9:30 AM.

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Appearance at Scheduling Conference

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Attendance at the Scheduling Conference is mandatory for all parties. Parties may appear

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by their counsel, if represented. If a party is not represented by counsel, they must appear

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personally at the Scheduling Conference. Telephonic appearances are not available for pro se

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parties, i.e., those not represented by counsel. Trial counsel should participate in this Scheduling

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Conference whenever possible. If one or more parties are represented by counsel and wish to

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appear telephonically, counsel shall email Michelle Means Rooney, Courtroom Deputy Clerk, at

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[e-mail], sufficiently in advance of the conference so that a notation can be

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placed on the court’s calendar. To appear telephonically, each party shall dial 1 (888) 251 −

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2909 and enter access code 1024453. Additionally, counsel are directed to indicate on the face

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page of their Joint Scheduling Report that the conference will be telephonic.

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Joint Scheduling Report

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A Joint Scheduling Report, carefully prepared and executed by all counsel, shall be

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electronically filed in CM/ECF, one (1) full week prior to the Scheduling Conference and shall be

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emailed in Word format to [e-mail]. The Joint Scheduling Report shall

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indicate the date, time, and courtroom of the Scheduling Conference. This information is to be

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placed opposite the caption on the first page of the Report.

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At least twenty (20) days prior to the Mandatory Scheduling Conference, trial counsel for

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all parties shall conduct a conference at a mutually agreed upon time and place. This should

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preferably be a personal conference between all counsel but a telephonic conference call

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involving all counsel/pro se parties is permissible. The Joint Scheduling Report shall contain the

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following items by corresponding numbered paragraphs:

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1.

Summary of the factual and legal contentions set forth in the pleadings of each
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party, including the relief sought by any party presently before the Court.

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2.

Summary of major disputed facts and contentions of law.

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3.

A proposed deadline for amendments to pleadings. Any proposed amendment to

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the pleadings shall be referenced in the Scheduling Conference Report. If the matter cannot be

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resolved at the Scheduling Conference, the moving party shall file a motion to amend in

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accordance with the Local Rules of the Eastern District of California.

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4.

The status of all matters which are presently set before the Court, e.g., hearings of

motions, etc.

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5.

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proposed dates:

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a

A complete and detailed discovery plan addressing the following issues and

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A date for the exchange of initial disclosures required by Fed. R. Civ. P.
26(a)(1) or a statement that disclosures have already been exchanged;

b.

A firm cut-off date for non-expert discovery. When setting this date, the

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parties should consider that discovery cutoffs requires that motions to

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compel be filed and heard sufficiently in advance of the deadline so that the

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Court may grant effective relief within the allotted discovery time;

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c.

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A firm date for disclosure of expert witnesses, required by Fed. R. Civ. P.
26(a)(2), including a date for disclosure of rebuttal experts;

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d.

A firm cut-off date for all expert witness discovery;

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e.

Any proposed changes in the limits on discovery imposed by

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Fed. R. Civ. P. 26(b); 30(a)(2)(A), (B); 30(d); or 33(a);
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Whether the parties anticipate the need for a protective order relating to the

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discovery of information relating to a trade secret or other confidential

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research, development, or commercial information;

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g.

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Any issues or proposals relating to the timing, sequencing, phasing or
scheduling of discovery; and

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Whether the parties anticipate the need to take discovery outside the United
States and, if so, a description of the proposed discovery.
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Additional Disclosures Related to Electronic Discovery

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1.

Discovery Relating to Electronic, Digital and/or Magnetic Data. Prior to a

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Fed. R. Civ. P. 26(f) conference, counsel should carefully investigate their respective

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client’s information management system so that they are knowledgeable as to its

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operation, including how information is stored and how it can be retrieved. Counsel shall

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also conduct a reasonable review of their respective client’s computer files to ascertain the

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contents thereof, including archival and legacy data (outdated formats or media), and

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disclose in initial discovery (self-executing routine discovery) the computer-based

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evidence which may be used to support claims or defenses.
2.

The parties shall meet and confer regarding the following matters during

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the Fed. R. Civ. P. 26(f) conference, and address the status of Electronic Discovery and

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any disagreements in their Statement, including:

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a.

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parties will take to segregate and preserve computer-based

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information in order to avoid accusations of spoliation.

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b.

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agree as to the scope of e-mail discovery and attempt to agree upon

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an e-mail search protocol. The parties should seek to agree on

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search terms, custodians, and date ranges in advance of the

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Conference so that any disputes can be addressed at the Conference.

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c.

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parties should confer regarding procedures for inadvertent

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production of privileged electronic material, including any

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obligations to notify the other party, and procedures for bringing

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any disputes promptly to the Court.

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d.

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or not restoration of deleted information may be necessary, the

Preservation: The parties shall attempt to agree on steps the

Scope of E-mail Discovery: The parties shall attempt to

Inadvertent Production of Privileged Information: The

Data Restoration: The parties shall confer regarding whether
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extent to which restoration of deleted information is needed, and

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who will bear the costs of restoration; and the parties shall attempt

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to agree whether or not back-up data may be necessary, the extent

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to which backup data is needed and who will bear the cost of

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obtaining back-up data.

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6.

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Dates agreed to by all counsel for:
a.

Filing dispositive pre-trial motions (except motions in limine or other trial

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motions). The dispositive motion filing deadline shall be at least twelve

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(12) weeks prior to the proposed Pre-Trial Conference date, and the

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hearing on dispositive motions shall be at least sixty (60) days before the

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proposed Pre-trial Conference date.

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b.

A Pre-Trial Conference Date.

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c.

A Trial date. This date should be at least sixty (60) days after the proposed

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Pre-Trial Conference date.
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The parties are encouraged to discuss settlement, and must include a statement in

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the Joint Scheduling Report as to the possibility of settlement. The parties shall indicate when

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they desire a settlement conference, e.g., before further discovery, after discovery, after pre-trial

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motions, etc. Among other things, counsel will be expected to discuss the possibility of settlement

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at the Scheduling Conference. Note that, even if settlement negotiations are progressing, counsel

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are expected to comply with the requirements of this Order unless otherwise excused by the

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Court. If the entire case is settled, counsel shall promptly inform the Court. In the event of

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settlement, counsel's presence at the conference, as well as the Joint Scheduling Report, will not

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be required.

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8.

A statement as to whether the case is a jury or non-jury case. The parties shall

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briefly outline their respective positions if there is a disagreement as to whether a jury trial has

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been timely demanded, or as to whether a jury trial is available on some or all of the claims.

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9.

An estimate of the number of trial days is required. If the parties cannot agree,

each party shall give his or her best estimate.
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10.

The parties' position regarding consent to proceed before a United States

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magistrate judge. Note that the parties need not make a final decision on the issue of consent

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until after the Scheduling Conference, but should state their current position in this Statement and

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expect to make a final decision soon after the Scheduling Conference.

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The parties may wish to consider that, when a civil trial is set before the district judges in

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the Fresno Division, any criminal trial that conflicts with the civil trial will take priority, even if

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the civil trial was set first. Continuances of civil trials under these circumstances may no longer

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be entertained, absent good cause, but the civil trial may instead trail from day to day or week to

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week until the completion of either the criminal case or the older civil case.

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Parties are free to withhold consent or decline magistrate jurisdiction without adverse
substantive consequences.
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Whether either party requests bifurcation or phasing of trial or has any other

suggestion for shortening or expediting discovery, pre-trial motions or trial.
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Whether this matter is related to any matter pending in this court or any other

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court, including bankruptcy court.

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Scheduling Order

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Following the Scheduling Conference, the Court will issue a Scheduling Order with the

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benefit of the input of the parties. Once issued, the dates in the Scheduling Order shall be firm

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and no extension shall be given without permission from the Court.

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Lack of Participation in the Joint Scheduling Report

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If any party fails to participate in the preparation of the Joint Scheduling Report, the non-

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offending party shall detail the party’s effort to get the offending party to participate in the Joint

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Scheduling Report. The non-offending party shall still file the report one (1) full week prior to

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the Mandatory Scheduling Conference and shall list the non-offending party’s position on the

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listed issues and proposed dates for a schedule. Absent good cause, the dates proposed by the

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non-offending party will be presumed to be the dates offered by the parties. The offending party

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may be subject to sanctions, including monetary sanctions to compensate the non-offending

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party’s time and effort incurred in seeking compliance with this Scheduling Order.
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Important Chambers' Information

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The parties are directed to the Court’s website at www.caed.uscourts.gov under Judges;

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Grosjean (EPG); Standard Information (in the area entitled “Case Management

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Procedures”) for specific information regarding Chambers’ procedures. Information about law

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and motion, scheduling conferences, telephonic appearances, and discovery disputes is provided

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at this link.

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Sanctions for Failure to Comply

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Should counsel or a party appearing pro se fail to appear at the Mandatory Scheduling

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Conference, or fail to comply with the directions as set forth above, an ex parte hearing may be

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held and contempt sanctions, including monetary sanctions, dismissal, default, or other

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appropriate judgment, may be imposed and/or ordered.

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IT IS SO ORDERED.

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DATED: October 4, 2017

/s/ ERICA P. GROSJEAN
UNITED STATES MAGISTRATE JUDGE

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