Vasquez et al v. Leprino Foods Company et al

Filing 188

SUPPLEMENTAL SCHEDULING ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 10/13/2020. ( Non-Expert Deadline: 6/14/2021, Discovery due by 6/14/2021, Dispositive Motions filed by 11/8/2021, Supplemental Expert Deadline: 9/10/2021, Pretrial Conference set for 4/6/2022 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, Jury Trial set for 6/7/2022 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii)(Martin-Gill, S)

Download PDF
1 2 UNITED STATES DISTRICT COURT 3 EASTERN DISTRICT OF CALIFORNIA 4 5 6 ISAIAS VASQUEZ and LINDA HEFKE, 7 Plaintiffs, 8 Case No. 1:17-cv-00796-AWI-BAM SUPPLEMENTAL SCHEDULING ORDER v. 9 10 12 Defendants. 13 _________________________________/ 14 15 16 July 12, 2021 Supplemental Expert Disclosure: September 10, 2021 Non-Expert Discovery Deadline: June 14, 2021 October 15, 2021 Dispositive Motion Filing Deadline: 11 Expert Disclosure: Expert Discovery Deadline: LEPRINO FOODS COMPANY and LEPRINO FOODS DIARY PRODUCTS COMPANY, November 8, 2021 17 Pretrial Conf.: Date: April 6, 2022 Time: 10:00 a.m. Dept.: 2 (AWI) Jury Trial: 18 Date: June 7, 2022 Time: 8:30 a.m. Dept.: 2 (AWI) 19 20 21 22 23 24 25 This Court conducted a scheduling conference on October 13, 2020. Counsel Kitty Szeto 26 appeared by telephone on behalf of Plaintiffs Isaias Vasquez and Linda Hefke. Counsel Lisa Pooley 27 appeared by telephone on behalf of Defendants Leprino Foods Company and Leprino Foods Dairy 28 Products Company. 1 In accordance with Federal Rule of Civil Procedure 16(b), this Court sets a supplemental 1 2 schedule for this action. 3 1. Discovery Cutoffs and Limits 4 Initial expert witness disclosures by any party shall be served no later than July 12, 2021. 5 Supplemental expert witness disclosures by any party shall be served no later than September 10, 6 2021. Such disclosures must be made pursuant to F.R.Civ.P. 26(a)(2)(A) and (B) and shall include all 7 information required thereunder. 8 specifically apply to all discovery relating to expert witnesses and their opinions. Each expert witness 9 must be prepared fully to be examined on all subjects and opinions included in the designations. 10 Failure to comply with these requirements will result in the imposition of appropriate sanctions, which 11 may include the preclusion of testimony or other evidence offered through the expert witness. In 12 particular, this Court will enforce preclusion of testimony or other evidence if F.R.Civ.P. 26(e) is not 13 strictly complied with. In addition, F.R.Civ.P. 26(b)(4) and F.R.Civ.P. 26(e) shall 14 All non-expert discovery, including motions to compel, shall be completed no later than June 15 14, 2021. All expert discovery, including motions to compel, shall be completed no later than 16 October 15, 2021. Compliance with these discovery cutoffs requires motions to compel be filed and 17 heard sufficiently in advance of the cutoff so that the Court may grant effective relief within the 18 allotted discovery time. A party’s failure to have a discovery dispute heard sufficiently in advance of 19 the discovery cutoff may result in denial of the motion as untimely. 20 2. Pretrial Motion Schedule 21 All pre-trial motions, both dispositive and non-dispositive (except motions to compel, 22 addressed above), shall be filed no later than November 8, 2021. Non-dispositive motions are heard 23 on Fridays at 9:00 a.m., before the Honorable Barbara A. McAuliffe, United States Magistrate Judge, 24 in Courtroom 8. Before scheduling non-dispositive motions, the parties shall comply with Local Rule 25 230 or Local Rule 251. Counsel must comply with Local Rule 251 with respect to discovery disputes 26 or the motion will be denied without prejudice and dropped from calendar. In addition to filing a joint 27 statement electronically, a copy of the joint statement shall also be sent Judge McAuliffe’s chambers 28 by email to 2 1 The parties are advised that unless prior leave of the Court is obtained, all moving and 2 opposition briefs or legal memorandum in civil cases before Judge McAuliffe shall not exceed twenty- 3 five (25) pages. Reply briefs by the moving party shall not exceed ten (10) pages. These page 4 limitations do not include exhibits. Briefs that exceed this page limitation, or are sought to be filed 5 without leave, may not be considered by the Court. 6 Counsel or pro se parties may appear and argue non-dispositive motions before Judge 7 McAuliffe by telephone by dialing the court’s teleconference line at (877) 411-9748 and entering 8 Access Code 3219139, provided they indicate their intent to appear telephonically on their pleadings 9 or by email to at least one week prior to the hearing. 10 Dispositive Pre-Trial Motions are heard in Courtroom 2 before the Honorable Anthony W. 11 Ishii, Senior District Judge. In scheduling such motions, the parties shall comply with Local Rules 12 230 and 260. 13 Motions for Summary Judgment or Summary Adjudication 14 Prior to filing a motion for summary judgment or motion for summary adjudication the parties 15 are ORDERED to meet, in person or by telephone, and confer to discuss the issues to be raised in the 16 motion. 17 The purpose of meeting shall be to: 1) avoid filing motions for summary judgment where a 18 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 19 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 20 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 21 expense of briefing a summary judgment motion; and 6) to arrive at a joint statement of undisputed 22 facts. 23 3. Settlement Conference 24 A Settlement Conference has not been scheduled. The parties are advised to contact the Court 25 if they determine that a settlement conference would be beneficial. If a settlement conference is set, 26 the parties are advised that unless otherwise permitted in advance by the Court, the attorneys who will 27 try the case shall appear at the settlement conference with the parties and the person or persons having 28 full authority to negotiate and settle the case, on any terms, at the conference. 3 1 4. This Court sets a pretrial conference for April 6, 2022, at 10:00 a.m. in Courtroom 2 and will 2 3 Pretrial Conference be heard before Senior District Judge Anthony W. Ishii. 4 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). The 5 parties are further directed to submit an electronic copy of their pretrial statement in Word format, 6 directly to Senior District Judge Ishii’s chambers by emailing it to 7 The parties’ attention is directed to this Court’s Local Rules 281 and 282. The parties must 8 identify all exhibits and witnesses, including those for rebuttal and/or impeachment purposes. No 9 exhibit or witness other than those listed in the joint pretrial statement and included in the Pretrial 10 Order may be used at trial. This Court will insist upon strict compliance with those rules. At the pretrial conference, the Court will set deadlines, among others, to file motions in limine, 11 12 final witness lists, exhibits, jury instructions, objections, and other trial documents. 13 5. Trial Date A jury trial is set for June 7, 2022, at 8:30 a.m. in Courtroom 2 before United States Senior 14 15 District Judge Anthony W. Ishii. 16 6. Effect of This Order 17 This order represents the best estimate of the Court and parties as to the agenda most suitable 18 to dispose of this case. If the parties determine at any time that the schedule outlined in this order 19 cannot be met, the parties are ordered to notify the Court immediately of that fact so that adjustments 20 may be made, either by stipulation or by subsequent status conference. Stipulations extending the 21 deadlines contained herein will not be considered unless they are accompanied by affidavits or 22 declarations with attached exhibits, where appropriate, which establish good cause for granting the 23 relief requested. 24 25 26 27 Failure to comply with this order shall result in the imposition of sanctions. IT IS SO ORDERED. Dated: /s/ Barbara October 13, 2020 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 28 4

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?