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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAY SCHIFFMAN and ANTHONY
WILLIAMS, on behalf of
themselves and all others
similarly situated,

No.

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2:17-cv-00935-TLN-CKD

PRETRIAL SCHEDULING ORDER
Plaintiffs,

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v.
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URBANI TRUFFLES USA, INC.,
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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. § 1332 (d)(2)(A).

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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 having considered the parties’ positions finds

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DISCOVERY

that bifurcation is necessary in order to best determine if the

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elements of class certification are met.

Accordingly, the Court

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hereby bifurcates the discovery process.

All discovery in Phase

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I shall be limited to facts that are relevant to whether this

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action should be certified as a class action and shall be

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completed by January 12, 2018.

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means that all discovery shall have been conducted so that all

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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, “completed”

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 February 12, 2018.1

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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.

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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 report shall comply with Fed. R. Civ.

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

The right to designate a

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date set for expert witness disclosure by this Pretrial

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Scheduling Order.

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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
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 April

CLASS CERTIFICATION

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19, 2018.

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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

The parties are responsible for ensuring that all

Local

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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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holiday.

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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: July 11, 2017
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Troy L. Nunley
United States District Judge