CSPC Dophen Corporation v. Hu

Filing 76

ORDER signed by Magistrate Judge Deborah Barnes on 6/18/2018 ORDERING Plaintiff shall disclose experts no later than 11/23/2018; Defendant shall disclose experts no later 12/7/2018; Rebuttal experts shall be disclosed no later than 12/21/2018; Discov ery shall be completed by 1/18/2019; all pretrial motions, except motions to compel discovery, shall be completed by 3/8/2019; the parties shall file a Joint Notice of Trial Readiness not later than 30 days after receiving a ruling on the last pending dispositive motion. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CSPC DOPHEN CORPORATION,

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No. 2:17-cv-1895 MCE DB PS

Plaintiff,

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v.

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ZHIXIANG HU,

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ORDER

Defendant.

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READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES WHICH

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THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND

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PARTIES MUST COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS

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ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER

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SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN

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ORDER OF JUDGMENT.
Plaintiff commenced this action on September 11, 2017. (ECF No. 1.) At that time, all

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parties were proceeding through counsel. Accordingly, this action was governed by the

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scheduling order issued by the assigned District Judge. (ECF No. 5.) However, defendant is now

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proceeding pro se. Accordingly, this action has been referred to the undersigned pursuant to

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Local Rule 302(c)(21). The undersigned, therefore, will issue the following amended scheduling

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order.1

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SERVICE OF PROCESS

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Service of process has been completed. No further service is permitted except with leave

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of court, good cause having been shown.

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JOINDER OF PARTIES/AMENDMENTS

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No further joinder of parties or amendment to pleadings is permitted except with leave of

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court, good cause having been shown. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,

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609-10 (9th Cir. 1992).

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JURISDICTION/VENUE

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Jurisdiction over this action is predicated on the court’s federal question jurisdiction

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pursuant to 28 U.S.C. § 1331. Defendant does not dispute either jurisdiction or venue and both

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appear to be proper.

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DISCOVERY

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Plaintiff shall disclose experts no later than November 23, 2018. Defendant shall disclose

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experts no later than December 7, 2018. Rebuttal experts shall be disclosed no later than

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December 21, 2018. All discovery is left open, save and except that it shall be so conducted as to

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be completed by January 18, 2019. The word “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 discovery

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

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the order has been complied with.

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MOTION HEARING SCHEDULE

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All law and motion, except as to discovery, is left open, and will be completed by March

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8, 2019. The word “completed” in this context means that all law and motion matters must be

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heard by the above date. The parties are cautioned to refer to the local rules, specifically Local

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This order does not terminate plaintiff’s duty to comply with the assigned District Judge’s May
29, 2018 order that plaintiff file a status report following the undersigned’s ruling on plaintiff’s
motion to compel. (ECF No. 68 at 4.)
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Rule 230, regarding the requirements for noticing such motions on the court’s regularly scheduled

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law and motion calendar.

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The parties shall file with the court and serve opposition OR a statement of non-

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opposition to every properly noticed motion not later than fourteen (14) days preceding the

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hearing date. Any reply by the moving party shall be filed with the court and served not

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later than seven (7) days preceding the hearing date. This paragraph does not preclude

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motions for continuances, temporary restraining orders or other emergency applications, and is

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subject to any special scheduling set forth in the “MISCELLANEOUS PROVISIONS” paragraph

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below.

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The parties should keep in mind that the purpose of law and motion is to narrow and

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refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that are

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susceptible to resolution without trial. To accomplish that purpose, the parties need to identify

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and fully research the issues presented by the case, and then examine those issues in light of the

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evidence gleaned through discovery. If it appears after examining the legal issues and facts that

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an issue can be resolved by pretrial motion, the parties are to file the appropriate motion by the

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law and motion cutoff set forth above.

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ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL

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MOTION. The parties are reminded that motions in limine are procedural devices designed to

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address the admissibility of evidence. THE PARTIES ARE CAUTIONED THAT THE COURT

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WILL LOOK WITH DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE

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GUISE OF MOTIONS IN LIMINE AT THE TIME OF TRIAL.

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SETTLEMENT CONFERENCE

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An early settlement conference may be set before the undersigned, or another magistrate

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judge who is randomly selected, if all parties agree to request an early settlement conference.

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Either party may initiate such a request by calling Pete Buzo, courtroom deputy to the

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undersigned, at [phone]. Information will be provided regarding the procedure to follow.

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Otherwise, a Settlement Conference may be scheduled when the Final Pretrial Conference is held.

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MISCELLANEOUS PROVISIONS

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There appear to be no other matters presently pending before the court that will aid the

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just and expeditious disposition of this matter.
Pursuant to Fed. R. Civ. P. 16(b), THE COURT SUMMARIZES THE SCHEDULING
ORDER AS FOLLOWS:

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1. Plaintiff shall disclose experts no later than November 23, 2018.

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2. Defendant shall disclose experts no later December 7, 2018.

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3. Rebuttal experts shall be disclosed no later than December 21, 2018.

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4. Discovery shall be completed by January 18, 2019.

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5. All pretrial motions, except motions to compel discovery, shall be completed
by March 8, 2019.
6. The parties shall file a Joint Notice of Trial Readiness not later than thirty (30)

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days after receiving a ruling on the last pending dispositive motion.

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Dated: June 18, 2018

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DLB:6
DB\orders\orders.civil\cspc1895.sched.ord

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