Iyigor v. Target Corporation

Filing 12

PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 2/7/18: Discovery due by 10/18/2018. Designation of Expert Witnesses due by 12/13/2018. Dispositive Motions shall be heard no later than 4/18/2019. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GULTEN IYIGOR,

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No.

2:17-cv-02492-TLN-EFB

Plaintiff,
v.

PRETRIAL SCHEDULING ORDER

TARGET CORPORATION,

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Defendant.

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After reviewing the parties’ Joint Status Report, the Court
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.

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No joinder of parties or amendments to pleadings is

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ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

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 and 1441.

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JURISDICTION/VENUE

Jurisdiction and venue are not contested.
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IV.

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All discovery, with the exception of expert discovery, shall

DISCOVERY

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be completed by October 18, 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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All motions to compel discovery must be noticed on

rules of this Court.

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In this context, “completed”

Any request to deviate from the Federal Rules of Civil
Procedure should be made to the assigned Magistrate Judge.

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V.

DISCLOSURE OF EXPERT WITNESSES

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All counsel are to designate in writing, file with the

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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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trial not later than December 13, 2018.1

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be accompanied by a written report prepared and signed by the

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witness.

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26(a)(2)(B).

The designation shall

The report shall comply with Fed. R. Civ. P.

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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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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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The right to designate a supplemental expert for rebuttal

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purposes only shall apply to a party who has not previously

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disclosed an expert witness on the date set for expert witness

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disclosure by this Pretrial Scheduling Order.

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Failure of a party to comply with the disclosure schedule as

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set forth above in all likelihood will preclude that party from

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calling the expert witness at the time of trial.

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witness not appearing on the designation will not be permitted to

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testify unless the party offering the witness demonstrates: (a)

An expert

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that the necessity for the witness could not have been reasonably

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anticipated at the time the list was proffered; (b) that the

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Court and opposing counsel were promptly notified upon discovery

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of the witness; and (c) that the witness was promptly made

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available for deposition.

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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.

It will be assumed that a party

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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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Parties designating percipient experts must state in the

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designation who is responsible for arranging the deposition of

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such persons.

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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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to any information gathered or evaluated, or opinion formed,

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Experts will not be permitted to testify at the trial as

after deposition taken subsequent to designation.

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Counsel are instructed to complete all discovery of expert

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witnesses in a timely manner in order to comply with the Court’s

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deadline for filing dispositive motions.

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VI.

SUPPLEMENTAL DISCOVERY

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Pursuant to Federal Rule of Civil Procedure 26(e), the

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parties shall exchange any supplemental disclosures and responses

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(including expert supplemental materials) no later than thirty

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(30) days prior to the dispositive motion hearing date.

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supplemental disclosures and responses necessary after that date

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will require leave of Court good cause having been shown.

Any

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VII.

MOTION HEARING SCHEDULE

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All dispositive motions, except motions for continuances,

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temporary restraining orders or other emergency applications,

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shall be heard no later than April 18, 2019.

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All purely legal issues are to be resolved by timely

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pretrial motions.

Local Rule 230 governs the calendaring and

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procedures of civil motions with the following additions:

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(a) The opposition and reply must be filed by 4:00 p.m. on

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the day due; and

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(b) When the last day for filing an opposition brief falls

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on a legal holiday, the opposition brief shall be filed

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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), as modified by

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this order, may be deemed consent to the motion and the court may

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dispose of the motion summarily. Further, failure to timely

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oppose a summary judgment motion2 may result in the granting of

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that motion if the movant shifts the burden to the nonmovant to

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demonstrate that a genuine issue of material fact remains for

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trial.

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The Court places a page limit for points and authorities

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(exclusive of exhibits and other supporting documentation) of

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twenty (20) pages on all initial moving papers, twenty (20) pages

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on oppositions, and ten (10) pages for replies.

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page limit increases must be made in writing to the Court setting

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forth any and all reasons for any increase in page limit at least

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fourteen (14) days prior to the filing of the motion.

All requests for

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For the Court’s convenience, citations to Supreme Court

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cases should include parallel citations to the Supreme Court

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Reporter.

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The parties are reminded that a motion in limine is a

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pretrial procedural device designed to address the admissibility

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of evidence.

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The Court will look with disfavor upon

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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dispositional motions presented in the guise of motions in

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limine.

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The parties are cautioned that failure to raise a

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dispositive legal issue that could have been tendered to the

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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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VIII. TRIAL SETTING

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The parties are ordered to file a Joint Notice of Trial

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Readiness not later than thirty (30) days after receiving this

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Court’s ruling(s) on the last filed dispositive motion(s).

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the parties do not intend to file dispositive motions, the

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parties are ordered to file a Joint Notice of Trial Readiness not

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later than one hundred twenty (120) days after the close of

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discovery and the notice must include statements of intent to

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forgo the filing of dispositive motions.

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If

The parties are to set forth in their Notice of Trial

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Readiness, the appropriateness of special procedures, their

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estimated trial length, any request for a jury, their

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availability for trial, and if the parties are willing to attend

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a settlement conference.

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Statement shall also estimate how many court days each party will

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require to present its case, including opening statements and

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closing arguments.

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necessary for jury selection, time necessary to finalize jury

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instructions and instruct the jury.

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The parties’ Notice of Trial Readiness

The parties’ estimate shall include time

After review of the parties’ Joint Notice of Trial

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Readiness, the Court will issue an order that sets forth dates

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for a Final Pretrial Conference and Trial.
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IX.

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The parties may request a settlement conference prior to the

SETTLEMENT CONFERENCE

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Final Pretrial Conference if they feel it would lead to the

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possible resolution of the case.

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conference date is requested, the parties shall file said request

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jointly, in writing.

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waive disqualification, pursuant to Local Rule 270(b), before a

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settlement judgment can be assigned to the case.

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parties’ affirmatively requesting that the assigned Judge or

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Magistrate Judge participate in the settlement conference AND

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waiver, pursuant to Local Rule 270(b), a settlement judge will be

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randomly assigned to the case.

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In the event a settlement

The request must state whether the parties

Absent the

In the event a settlement conference is set by the Court,

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counsel are instructed to have a principal with full settlement

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authority present at the Settlement Conference or to be fully

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authorized to settle the matter on any terms.

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calendar days before the settlement conference, counsel for each

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party shall submit to the chambers of the settlement judge a

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confidential Settlement Conference Statement.

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are neither to be filed with the Clerk nor served on opposing

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counsel.

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parties that the statement has been submitted.

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judge is not the trial judge, the Settlement Conference Statement

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shall not be disclosed to the trial judge.

At least seven (7)

Such statements

Each party, however, shall serve notice on all other
If the settlement

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X.

COURTESY COPIES

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No party shall submit paper courtesy copies of pleadings or

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exhibits to the Court unless expressly ordered to do so.

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XI.

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Pursuant to Local Rule 271, parties may stipulate at any

VOLUNTARY DISPUTE RESOLUTION PROGRAM

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stage in the proceedings to refer the action, in whole or in

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part, to the Voluntary Dispute Resolution Program.

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XII.

MODIFICATION OF PRETRIAL SCHEDULING ORDER

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The parties are reminded that pursuant to Rule 16(b) of the

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Federal Rules of Civil Procedure, the Pretrial Scheduling Order

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shall not be modified except by leave of court upon a showing of

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good cause.

Agreement by the parties pursuant to stipulation

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alone to modify the Pretrial Scheduling Order does not constitute

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good cause.

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unavailability of witnesses or counsel will not constitute good

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cause.

Except in extraordinary circumstances,

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XIII. 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:

February 07, 2018

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Troy L. Nunley
United States District Judge

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