Schiffman et al v. Urbani Truffles USA, Inc.

Filing 10

PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 7/11/17, ORDERING that all discovery in Phase I shall be completed by 1/12/2018. Designation of Expert Witnesses due by 2/12/2018. Motions filed by 4/19/2018. The Motion for Class Certification shall be filed by 4/19/2018. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 JAY SCHIFFMAN and ANTHONY WILLIAMS, on behalf of themselves and all others similarly situated, No. 13 2:17-cv-00935-TLN-CKD PRETRIAL SCHEDULING ORDER Plaintiffs, 14 v. 15 URBANI TRUFFLES USA, INC., 16 Defendant. 17 After reviewing the parties’ Joint Status Report, the Court 18 19 makes the following Pretrial Scheduling Order. 20 I. SERVICE OF PROCESS 21 All named Defendants have been served and no further service 22 is permitted without leave of court, good cause having been 23 shown. 24 II. ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS 25 No joinder of parties or amendments to pleadings is 26 permitted without leave of court, good cause having been shown. 27 /// 28 /// 1 1 III. 2 Jurisdiction is predicated upon 28 U.S.C. § 1332 (d)(2)(A). 3 JURISDICTION/VENUE Jurisdiction and venue are not contested. 4 5 PHASE I - CLASS CERTIFICATION 6 7 IV. 8 The Court having considered the parties’ positions finds 9 DISCOVERY that bifurcation is necessary in order to best determine if the 10 elements of class certification are met. Accordingly, the Court 11 hereby bifurcates the discovery process. All discovery in Phase 12 I shall be limited to facts that are relevant to whether this 13 action should be certified as a class action and shall be 14 completed by January 12, 2018. 15 means that all discovery shall have been conducted so that all 16 depositions have been taken and any disputes relative to 17 discovery shall have been resolved by appropriate order if 18 necessary and, where discovery has been ordered, the order has 19 been obeyed. 20 the magistrate judge’s calendar in accordance with the local 21 rules of this Court. In this context, “completed” All motions to compel discovery must be noticed on 22 V. 23 All counsel are to designate in writing, file with the DISCLOSURE OF EXPERT WITNESSES 24 Court, and serve upon all other parties the name, address, and 25 area of expertise of each expert that they propose to tender at 26 class certification not later than February 12, 2018.1 27 1 28 The 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. 2 1 designation shall be accompanied by a written report prepared and 2 signed by the witness. 3 P. 26(a)(2)(B). 4 The report shall comply with Fed. R. Civ. Within twenty (20) days after the designation of expert 5 witnesses, any party may designate a supplemental list of expert 6 witnesses who will express an opinion on a subject covered by an 7 expert designated by an adverse party. 8 supplemental expert for rebuttal purposes only shall apply to a 9 party who has not previously disclosed an expert witness on the The right to designate a 10 date set for expert witness disclosure by this Pretrial 11 Scheduling Order. 12 For purposes of this Pretrial Scheduling Order, an “expert” 13 is any person who may be used at trial to present evidence under 14 Rules 702, 703, and 705 of the Federal Rules of Evidence, which 15 include both “percipient experts” (persons who, because of their 16 expertise, have rendered expert opinions in the normal course of 17 their work duties or observations pertinent to the issues in the 18 case) and “retained experts” (persons specifically designated by 19 a party to be a testifying expert for the purposes of 20 litigation). 21 Each party shall identify whether a disclosed expert is 22 percipient, retained, or both. 23 designating a retained expert has acquired the express permission 24 of the witness to be so listed. 25 experts must state in the designation who is responsible for 26 arranging the deposition of such persons. 27 28 It will be assumed that a party Parties designating percipient All experts designated are to be fully prepared at the time of designation to render an informed opinion, and give their 3 1 bases for their opinion, so that they will be able to give full 2 and complete testimony at any deposition taken by the opposing 3 party. 4 VI. 5 The Motion for Class Certification shall be filed by April CLASS CERTIFICATION 6 19, 2018. 7 motions are filed to allow for proper notice of the hearing under 8 the Federal Rules of Civil Procedure and/or Local Rules. 9 Rule 230 governs the calendaring and procedures of civil motions The parties are responsible for ensuring that all Local 10 with the addition that when the last day for filing an opposition 11 brief falls on a legal holiday, the opposition brief shall be 12 filed on the last court day immediately preceding the legal 13 holiday. 14 Failure to comply with Local Rule 230(c), may be deemed 15 consent to the motion and the Court may dispose of the motion 16 summarily. 17 VII. 18 All other necessary dates and deadlines, including dates for 19 the Final Pretrial Conference and Trial, along with all deadlines 20 associated therewith, will be set by a Supplemental Pretrial 21 Scheduling Order to be issued following the Class Certification 22 hearing. POST-CERTIFICATION CASE ACTIVITY 23 VIII. OBJECTIONS TO PRETRIAL SCHEDULING ORDER 24 This Pretrial Scheduling Order will become final without 25 further order of the Court unless objections are filed within 26 fourteen (14) days of service of this Order. 27 28 IT IS SO ORDERED. DATED: July 11, 2017 4 Troy L. Nunley United States District Judge

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