Golden State Truck Sales, Inc. et al. v. Bay Trailer Sales, LLC et al.

Filing 11

PRETRIAL SCHEDULING ORDER signed by District Judge Morrison C. England, Jr on 7/19/16: Designation of Expert Witnesses due by 4/13/2017. Discovery due by 2/13/2017. The last day to hear dispositive motions shall be 7/27/2017. Settlement Conference set for 2/23/2017 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GOLDEN STATE TRUCK SALES,
INC., a California corporation, et al.,
Plaintiffs,

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v.

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No. 2:16-cv-00580.MCE-KJN

PRETRIAL SCHEDULING ORDER

BAY TRAILER SALES, LLC., a Virginia
limited liability company, et al.,

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Defendants.

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After reviewing the parties’ Joint Status Report, the Court makes the following

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Pretrial Scheduling Order.

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I.

SERVICE OF PROCESS
All named Defendants have been served and no further service is permitted

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without leave of court, good cause having been shown.

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II.

ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS
No joinder of parties or amendments to pleadings is permitted without leave of

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court, good cause having been shown.

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III.

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JURISDICTION/VENUE
Jurisdiction is predicated upon 28 U.S.C. section 1332. Jurisdiction and venue

are not contested.
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IV.

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DISCOVERY
All discovery, with the exception of expert discovery, shall be completed by

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February 13, 2017. In this context, “completed” means that all discovery shall have

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been conducted so that all depositions have been taken and any disputes relative to

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discovery shall have been resolved by appropriate order if necessary and, where

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discovery has been ordered, the order has been obeyed. All motions to compel

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discovery must be noticed on the magistrate judge’s calendar in accordance with the

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local rules of this Court.

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V.

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DISCLOSURE OF EXPERT WITNESSES
All counsel are to designate in writing, file with the Court, and serve upon all other

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parties the name, address, and area of expertise of each expert that they propose to

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tender at trial not later than April 13, 2017.1 The designation shall be accompanied by a

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written report prepared and signed by the witness. The report shall comply with Fed. R.

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

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Within thirty (30) days after the designation of expert witnesses, any party may

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designate a supplemental list of expert witnesses who will express an opinion on a

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subject covered by an expert designated by an adverse party. The right to designate a

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supplemental expert for rebuttal purposes only shall apply to a party who has not

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previously disclosed an expert witness on the date set for expert witness disclosure by

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this Pretrial Scheduling Order.

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Failure of a party to comply with the disclosure schedule as set forth above in all

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likelihood will preclude that party from calling the expert witness at the time of trial. An

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expert witness not appearing on the designation will not be permitted to testify unless the

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party offering the witness demonstrates: (a) that the necessity for the witness could not

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have been reasonably anticipated at the time the list was proffered; (b) that the Court

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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, 526 U.S. 137 (1999)
are anticipated.

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and opposing counsel were promptly notified upon discovery of the witness; and (c) that

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the witness was promptly made available for deposition.

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For purposes of this Pretrial Scheduling Order, an “expert” is any person who may

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be used at trial to present evidence under Rules 702, 703, and 705 of the Federal Rules

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

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expertise, have rendered expert opinions in the normal course of their work duties or

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observations pertinent to the issues in the case) and “retained experts” (persons

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specifically designated by a party to be a testifying expert for the purposes of litigation).

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Each party shall identify whether a disclosed expert is percipient, retained, or

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both. It will be assumed that a party designating a retained expert has acquired the

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express permission of the witness to be so listed. Parties designating percipient experts

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must state in the designation who is responsible for arranging the deposition of such

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persons.

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All experts designated are to be fully prepared at the time of designation to render

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an informed opinion, and give their bases for their opinion, so that they will be able to

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give full and complete testimony at any deposition taken by the opposing party. Experts

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will not be permitted to testify at the trial as to any information gathered or evaluated, or

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opinion formed, after deposition taken subsequent to designation.

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Counsel are instructed to complete all discovery of expert witnesses in a timely

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manner in order to comply with the Court’s deadline for filing dispositive motions.

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VI.

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MOTION HEARING SCHEDULE
The last day to hear dispositive motions shall be July 27, 2017. All papers should

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be filed in conformity with the Local Rules. However, with respect to Motions for

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Summary Judgment only, the parties shall comply with the following filing deadlines:

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filed at least 8 weeks prior to hearing

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Motion for Summary
Judgment

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Opposition and any
cross-motion

filed at least 5 weeks prior to hearing

Reply and opposition to
cross-motion

filed at least 3 weeks prior to hearing

Reply to cross-motion

filed at least 1 week prior to hearing

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Absent leave of the Court, all issues the parties wish to resolve on summary

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judgment must be raised together in one (1) motion or cross-motion. Should the parties

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wish to file additional motions for summary judgment, they must seek leave of the Court.

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The parties are directed to the Court’s website for available hearing dates.

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(www.caed.uscourts.gov → select Judges → select Judge England → select Standard

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Information)

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All purely legal issues are to be resolved by timely pretrial motions. When

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appropriate, failure to comply with Local Rules 230 and 260, as modified by this Order,

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

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summarily. With respect to motions for summary judgment, failure to comply with Local

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Rules 230 and 260, as modified by this Order, may result in dismissal for failure to

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prosecute (or failure to defend) pursuant to this Court's inherent authority to control its

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docket and/or Federal Rule of Civil Procedure 41(b). Further, failure to timely oppose a

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summary judgment motion2 may result in the granting of that motion if the movant shifts

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the burden to the nonmovant to demonstrate that a genuine issue of material fact

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remains for trial.

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The Court places a page limit for points and authorities (exclusive of exhibits and

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other supporting documentation) of twenty (20) pages on all initial moving papers, twenty

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(20) pages on oppositions, and ten (10) pages for replies. All requests for page limit

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The Court urges any party that contemplates bringing a motion for summary judgment or who
must oppose a motion for summary judgment to review Local Rule 260.

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increases must be made in writing to the Court setting forth any and all reasons for any

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increase in page limit at least seven (7) days prior to the filing of the motion.

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For the Court’s convenience, citations to the Supreme Court Lexis database
should include parallel citations to the Westlaw database.

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The parties are reminded that a motion in limine is a pretrial procedural device

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designed to address the admissibility of evidence. The Court will look with disfavor upon

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dispositional motions presented at the Final Pretrial Conference or at trial in the guise of

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motions in limine.

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The parties are cautioned that failure to raise a dispositive legal issue that could

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have been tendered to the court by proper pretrial motion prior to the dispositive motion

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cut-off date may constitute waiver of such issue.

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VII.

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TRIAL SETTING
The parties are ordered to file a Joint Notice of Trial Readiness not later than

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thirty (30) days after receiving this Court’s ruling(s) on the last filed dispositive motion. If

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the parties do not intend to file dispositive motions, the parties are ordered to file a Joint

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Notice of Trial Readiness not later than thirty (30) days after the close of discovery and

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the notice must include statements of intent to forgo the filing of dispositive motions.

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The parties are to set forth in their Notice of Trial Readiness, the appropriateness

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of special procedures, whether this case is related to any other case(s) on file in the

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Eastern District of California, the prospect for settlement, their estimated trial length, any

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request for a jury, and their available trial dates. After review of the parties’ Joint Notice

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of Trial Readiness, the Court will issue an order that sets forth a final pretrial conference

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and trial date.

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VIII.

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SETTLEMENT CONFERENCE
A Settlement Conference is set before Judge Edmund F. Brennan on

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February 23, 2017, at 10:00 a.m.

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Each party is directed to have a principal capable of disposition at the Settlement

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Conference or to be fully authorized to settle the matter on any terms at the Settlement

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Conference.

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Each party is directed to submit to the chambers of Judge Edmund F. Brennan

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confidential settlement conference statements not later than February 16, 2017. Such

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statements are neither to be filed with the clerk nor served on opposing counsel.

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However, each party shall notify the other party that the statement has been submitted to

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the judge’s chambers.

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IX.

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VOLUNTARY DISPUTE RESOLUTION PROGRAM
Pursuant to Local Rule 271 parties will need to lodge a stipulation and proposed

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order requesting referral to the Voluntary Dispute Resolution Program.

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X.

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MODIFICATION OF PRETRIAL SCHEDULING ORDER
The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil

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Procedure, the Pretrial Scheduling Order shall not be modified except by leave of court

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upon a showing of good cause. Agreement by the parties pursuant to stipulation alone

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to modify the Pretrial Scheduling Order does not constitute good cause. Except in

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extraordinary circumstances, unavailability of witnesses or counsel will not constitute

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good cause.

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XI.

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OBJECTIONS TO PRETRIAL SCHEDULING ORDER
This Pretrial Scheduling Order will become final without further order of the Court

unless objections are filed within seven (7) court days of service of this Order.
IT IS SO ORDERED.
Dated: July 19, 2016

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