Cuadra v. George Brown Sports Club-Palm, Inc. et al

Filing 19

ORDER re-setting the Initial Scheduling Conference for 11/16/2017 at 09:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 11/6/2017. (Rooney, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO CUADRA, 12 13 Plaintiff(s), v. 16 17 ORDER SETTING MANDATORY SCHEDULING CONFERENCE DATE: November 16, 2017 14 15 Case No. 1:17-CV-01063 DAD EPG GEORGE BROWN SPORTS CLUBPALM, INC., ET AL., Defendant(s). TIME: 9:00 A.M. COURTROOM: 10 (6th Floor) ERICA P. GROSJEAN U.S. MAGISTRATE JUDGE 18 19 Pursuant to the recusal of United States Magistrate Judge Barbara A. McAuliffe, and the 20 reassignment of this matter to United States Magistrate Judge Erica P. Grosjean, the Court re-sets 21 the Initial Scheduling Conference for November 16, 2017, at 9:00 AM, before Judge Grosjean in 22 Courtroom 10 at the United States Courthouse, 2500 Tulare Street, Fresno, CA 93721, 23 Appearance at Scheduling Conference 24 Attendance at the Scheduling Conference is mandatory for all parties. Parties may appear 25 by their counsel, if represented. If a party is not represented by counsel, they must appear 26 personally at the Scheduling Conference. Telephonic appearances are not available for pro se 27 parties, i.e., those not represented by counsel. Trial counsel should participate in this Scheduling 28 1 1 Conference whenever possible. If one or more parties are represented by counsel and wish to 2 appear telephonically, counsel shall email Michelle Means Rooney, Courtroom Deputy Clerk, at 3, sufficiently in advance of the conference so that a notation can be 4 placed on the court calendar. To appear telephonically, each party shall dial 1 (888) 251 − 2909 5 and enter access code 1024453. Additionally, counsel are directed to indicate on the face page of 6 their Joint Scheduling Report that the conference will be telephonic. 7 Joint Scheduling Report 8 A Joint Scheduling Report, carefully prepared and executed by all counsel, shall be 9 electronically filed in CM/ECF, one (1) full week prior to the Scheduling Conference and shall be 10 emailed in Word format to The Joint Scheduling Report shall 11 indicate the date, time, and courtroom of the Scheduling Conference. This information is to be 12 placed opposite the caption on the first page of the Report. 13 At least twenty (20) days prior to the Mandatory Scheduling Conference, trial counsel for 14 all parties shall conduct a conference at a mutually agreed upon time and place. This should 15 preferably be a personal conference between all counsel but a telephonic conference call 16 involving all counsel/pro se parties is permissible. The Joint Scheduling Report shall contain the 17 following items by corresponding numbered paragraphs: 18 19 1. Summary of the factual and legal contentions set forth in the pleadings of each party, including the relief sought by any party presently before the Court. 20 2. Summary of major disputed facts and contentions of law. 21 3. A proposed deadline for amendments to pleadings. Any proposed amendment to 22 the pleadings shall be referenced in the Scheduling Conference Report. If the matter cannot be 23 resolved at the Scheduling Conference, the moving party shall file a motion to amend in 24 accordance with the Local Rules of the Eastern District of California. 25 26 4. The status of all matters which are presently set before the Court, e.g., hearings of motions, etc. 27 5. 28 proposed dates: A complete and detailed discovery plan addressing the following issues and 2 1 a 2 3 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 4 parties should consider that discovery cutoffs requires that motions to 5 compel be filed and heard sufficiently in advance of the deadline so that the 6 Court may grant effective relief within the allotted discovery time; 7 c. 8 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; 9 d. A firm cut-off date for all expert witness discovery; 10 e. Any proposed changes in the limits on discovery imposed by 11 12 Fed. R. Civ. P. 26(b); 30(a)(2)(A), (B); 30(d); or 33(a); f. Whether the parties anticipate the need for a protective order relating to the 13 discovery of information relating to a trade secret or other confidential 14 research, development, or commercial information; 15 g. 16 17 Any issues or proposals relating to the timing, sequencing, phasing or scheduling of discovery; and h. 18 Whether the parties anticipate the need to take discovery outside the United States and, if so, a description of the proposed discovery. 19 Additional Disclosures Related to Electronic Discovery 20 1. Discovery Relating to Electronic, Digital and/or Magnetic Data. Prior to a 21 Fed. R. Civ. P. 26(f) conference, counsel should carefully investigate their respective 22 client’s information management system so that they are knowledgeable as to its 23 operation, including how information is stored and how it can be retrieved. Counsel shall 24 also conduct a reasonable review of their respective client’s computer files to ascertain the 25 contents thereof, including archival and legacy data (outdated formats or media), and 26 disclose in initial discovery (self-executing routine discovery) the computer-based 27 evidence which may be used to support claims or defenses. 28 2. The parties shall meet and confer regarding the following matters during 3 1 the Fed. R. Civ. P. 26(f) conference, and address the status of Electronic Discovery and 2 any disagreements in their Statement, including: 3 a. 4 parties will take to segregate and preserve computer-based 5 information in order to avoid accusations of spoliation. 6 b. 7 agree as to the scope of e-mail discovery and attempt to agree upon 8 an e-mail search protocol. The parties should seek to agree on 9 search terms, custodians, and date ranges in advance of the 10 Conference so that any disputes can be addressed at the Conference. 11 c. 12 parties should confer regarding procedures for inadvertent 13 production of privileged electronic material, including any 14 obligations to notify the other party, and procedures for bringing 15 any disputes promptly to the Court. 16 d. 17 or not restoration of deleted information may be necessary, the 18 extent to which restoration of deleted information is needed, and 19 who will bear the costs of restoration; and the parties shall attempt 20 to agree whether or not back-up data may be necessary, the extent 21 to which backup data is needed and who will bear the cost of 22 obtaining back-up data. 23 24 6. 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 Dates agreed to by all counsel for: a. Filing dispositive pre-trial motions (except motions in limine or other trial 25 motions). The dispositive motion filing deadline shall be at least twelve 26 (12) weeks prior to the proposed Pre-Trial Conference date, and the 27 hearing on dispositive motions shall be at least sixty (60) days before the 28 proposed Pre-trial Conference date. 4 1 b. A Pre-Trial Conference Date. 2 c. A Trial date. This date should be at least sixty (60) days after the proposed 3 4 Pre-Trial Conference date. 7. The parties are encouraged to discuss settlement, and must include a statement in 5 the Joint Scheduling Report as to the possibility of settlement. The parties shall indicate when 6 they desire a settlement conference, e.g., before further discovery, after discovery, after pre-trial 7 motions, etc. Among other things, counsel will be expected to discuss the possibility of settlement 8 at the Scheduling Conference. Note that, even if settlement negotiations are progressing, counsel 9 are expected to comply with the requirements of this Order unless otherwise excused by the 10 Court. If the entire case is settled, counsel shall promptly inform the Court. In the event of 11 settlement, counsel's presence at the conference, as well as the Joint Scheduling Report, will not 12 be required. 13 8. A statement as to whether the case is a jury or non-jury case. The parties shall 14 briefly outline their respective positions if there is a disagreement as to whether a jury trial has 15 been timely demanded, or as to whether a jury trial is available on some or all of the claims. 16 17 18 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. 10. The parties' position regarding consent to proceed before a United States 19 magistrate judge. Note that the parties need not make a final decision on the issue of consent 20 until after the Scheduling Conference, but should state their current position in this Statement and 21 expect to make a final decision soon after the Scheduling Conference. 22 The parties may wish to consider that, when a civil trial is set before the district judges in 23 the Fresno Division, any criminal trial that conflicts with the civil trial will take priority, even if 24 the civil trial was set first. Continuances of civil trials under these circumstances may no longer 25 be entertained, absent good cause, but the civil trial may instead trail from day to day or week to 26 week until the completion of either the criminal case or the older civil case. 27 28 Parties are free to withhold consent or decline magistrate jurisdiction without adverse substantive consequences. 5 1 2 3 11. Whether either party requests bifurcation or phasing of trial or has any other suggestion for shortening or expediting discovery, pre-trial motions or trial. 12. Whether this matter is related to any matter pending in this court or any other 4 court, including bankruptcy court. 5 Scheduling Order 6 Following the Scheduling Conference, the Court will issue a Scheduling Order with the 7 benefit of the input of the parties. Once issued, the dates in the Scheduling Order shall be firm 8 and no extension shall be given without permission from the Court. 9 Lack of Participation in the Joint Scheduling Report 10 If any party fails to participate in the preparation of the Joint Scheduling Report, the non- 11 offending party shall detail the party’s effort to get the offending party to participate in the Joint 12 Scheduling Report. The non-offending party shall still file the report one (1) full week prior to 13 the Mandatory Scheduling Conference and shall list the non-offending party’s position on the 14 listed issues and proposed dates for a schedule. Absent good cause, the dates proposed by the 15 non-offending party will be presumed to be the dates offered by the parties. The offending party 16 may be subject to sanctions, including monetary sanctions to compensate the non-offending 17 party’s time and effort incurred in seeking compliance with this Scheduling Order. 18 Important Chambers' Information 19 The parties are directed to the Court’s website at under Judges; 20 Grosjean (EPG); Standard Information (in the area entitled “Case Management 21 Procedures”) for specific information regarding Chambers’ procedures. Information about law 22 and motion, scheduling conferences, telephonic appearances, and discovery disputes is provided 23 at this link. 24 Sanctions for Failure to Comply 25 Should counsel or a party appearing pro se fail to appear at the Mandatory Scheduling 26 Conference, or fail to comply with the directions as set forth above, an ex parte hearing may be 27 held and contempt sanctions, including monetary sanctions, dismissal, default, or other 28 appropriate judgment, may be imposed and/or ordered. 6 1 IT IS SO ORDERED. 2 3 DATED: November 6, 2017 /s/ ERICA P. GROSJEAN UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7

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