Gardner v. Judson Enterprises, Inc.

Filing 16

PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 9/8/14: Designation of Expert Witnesses due by 4/29/2015. Discovery due by 3/4/2015. The Motion for Class Certification shall be filed by July 28, 2015. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AARON GARDNER, individually
and on behalf of all others
similarly situated,

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Plaintiff,

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No.

2:14-cv-01159-TLN-DAD

PRETRIAL SCHEDULING ORDER

v.
JUDSON ENTERPRISES, INC.,
d/b/a K-DESIGNERS, a Montana
corporation,

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Defendant.

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After reviewing the parties’ Joint Status Report, the Court

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makes the following Pretrial Scheduling Order.

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I.

SERVICE OF PROCESS

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All named Defendants have been served and no further service

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is permitted without leave of court, good cause having been

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shown.

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II.

ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

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No joinder of parties or amendments to pleadings is

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permitted without leave of court, good cause having been shown.

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III.

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Jurisdiction is predicated upon 28 U.S.C. § 1331.

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JURISDICTION/VENUE

Jurisdiction and venue are not contested.

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PHASE I - CLASS CERTIFICATION

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IV.

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The Court hereby bifurcates the discovery process.

DISCOVERY
All

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discovery in Phase I shall be limited to facts that are relevant

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to whether this action should be certified as a class action and

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shall be completed by March 4, 2015.

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“completed” means that all discovery shall have been conducted so

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that all depositions have been taken and any disputes relative to

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discovery shall have been resolved by appropriate order if

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necessary and, where discovery has been ordered, the order has

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

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rules of this Court.

In this context,

All motions to compel discovery must be noticed on

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V.

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All counsel are to designate in writing, file with the

DISCLOSURE OF EXPERT WITNESSES

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Court, and serve upon all other parties the name, address, and

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area of expertise of each expert that they propose to tender at

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class certification not later than April 29, 2015.1

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designation shall be accompanied by a written report prepared and

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signed by the witness.

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P. 26(a)(2)(B).

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The

The report shall comply with Fed. R. Civ.

The discovery of experts will include whether any motions based on
Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and/or
Kumho Tire Co. v. Carmichael, 119 S. Ct. 1167 (1999) are anticipated.

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Within twenty (20) days after the designation of expert

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witnesses, any party may designate a supplemental list of expert

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witnesses who will express an opinion on a subject covered by an

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expert designated by an adverse party.

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supplemental expert for rebuttal purposes only shall apply to a

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party who has not previously disclosed an expert witness on the

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date set for expert witness disclosure by this Pretrial

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Scheduling Order.

The right to designate a

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For purposes of this Pretrial Scheduling Order, an “expert”

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is any person who may be used at trial to present evidence under

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Rules 702, 703, and 705 of the Federal Rules of Evidence, which

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include both “percipient experts” (persons who, because of their

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expertise, have rendered expert opinions in the normal course of

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their work duties or observations pertinent to the issues in the

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case) and “retained experts” (persons specifically designated by

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a party to be a testifying expert for the purposes of

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litigation).

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Each party shall identify whether a disclosed expert is

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percipient, retained, or both.

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designating a retained expert has acquired the express permission

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of the witness to be so listed.

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experts must state in the designation who is responsible for

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arranging the deposition of such persons.

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It will be assumed that a party

Parties designating percipient

All experts designated are to be fully prepared at the time

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of designation to render an informed opinion, and give their

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bases for their opinion, so that they will be able to give full

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and complete testimony at any deposition taken by the opposing

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party.
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VI.

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The Motion for Class Certification shall be filed by July

CLASS CERTIFICATION

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28, 2015.

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motions are filed to allow for proper notice of the hearing under

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the Federal Rules of Civil Procedure and/or Local Rules.

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Rule 230 governs the calendaring and procedures of civil motions

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with the addition that when the last day for filing an opposition

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brief falls on a legal holiday, the opposition brief shall be

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filed on the last court day immediately preceding the legal

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The parties are responsible for ensuring that all

Local

holiday.
Failure to comply with Local Rule 230(c), may be deemed

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consent to the motion and the Court may dispose of the motion

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summarily.

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VII.

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All other necessary dates and deadlines, including dates for

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the Final Pretrial Conference and Trial, along with all deadlines

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associated therewith, will be set by a Supplemental Pretrial

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Scheduling Order to be issued following the Class Certification

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hearing.

POST-CERTIFICATION CASE ACTIVITY

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VIII. OBJECTIONS TO PRETRIAL SCHEDULING ORDER

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This Pretrial Scheduling Order will become final without

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further order of the Court unless objections are filed within

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fourteen (14) days of service of this Order.

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IT IS SO ORDERED.
DATED: September 8, 2014

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Troy L. Nunley
United States District Judge

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