Peacock v. Pabst Brewing Company, LLC

Filing 67

AMENDED PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 8/5/22 ORDERING that all Discovery, with the exception of expert discovery, shall be completed by January 20, 2023. Disclosure of Expert Witnesses shall be file with t he Court not later than sixty (60) days after the close of discovery. The parties shall file dipositive motions no later than one hundred eighty (180) days after the close of discovery. The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty (30) days after receiving this Court's ruling(s) on the last filed dispositive motion(s). (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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No.

BRENDAN PEACOCK, on behalf of
Himself, and all others
similarly situated,

2:18-CV-00568-TLN-CKD

AMENDED PRETRIAL SCHEDULING
ORDER

v.
PABST BREWING COMPANY, LLC.,
Defendant.

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

JURISDICTION/VENUE

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Jurisdiction is predicated upon 28 U.S.C. § 1332.

Venue is

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not disputed.

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IV.

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All discovery, with the exception of expert discovery, shall

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DISCOVERY

be completed by January 20, 2023.
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In this context, “completed”

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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.

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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trial not later than sixty (60) days after the close of

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discovery.

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report prepared and signed by the witness.

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comply with Fed. R. Civ. P. 26(a)(2)(B).

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The designation shall be accompanied by a written
The report shall

Within thirty (30) 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. The right to designate a

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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

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date set for expert witness disclosure by this 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)

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good case for the party’s failure to designate the expert witness

An expert

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in accordance with this Order; (b) that the Court and opposing

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counsel were promptly notified upon discovery of the witness; and

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(c) that the witness was promptly made available for deposition.

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

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may be used at trial to present evidence under Federal Rules of

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Evidence 702, 703, and 705, which include both “percipient

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experts” (persons who, because of their expertise, have rendered

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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

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experts” (persons specifically designated by a party to be a

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testifying expert for the purposes of 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

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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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after their deposition taken subsequent to designation.

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Experts will not be permitted to testify at the trial as

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.

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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 said date

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will require leave of Court good cause having been shown.

SUPPLEMENTAL DISCOVERY

Any

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VII.

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The parties shall file dipositive motions no later than one

DISPOSITIVE MOTIONS

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hundred eighty (180) days after the close of discovery.

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papers should be filed in conformity with the Local Rules.

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

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summary judgment must be raised together in one (1) motion or

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cross-motion.

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for summary judgment, they must seek leave of Court.

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All

Should the parties wish to file additional motions

All purely legal issues are to be resolved in timely

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pretrial motions.

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

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Order, may result in dismissal for failure to prosecute (or

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failure to defend) pursuant to this Court’s inherent authority to

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control its docket and/or Federal Rule of Civil Procedure 41(b).

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Further, failure to timely oppose a summary judgment motion1 may

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result in the granting of that motion if the movant shifts the

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When appropriate, failure to comply with Local

With respect to motions for summary judgment, failure

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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burden to the nonmovant to demonstrate that a genuine issue of

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material fact remains for 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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viewed with disfavor and will only be considered upon a showing

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of good cause.

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made in writing with a proposed order setting forth any and all

Sur-replies are

All requests for page limit increases must be

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reasons for any increase in page limit at least fourteen (14)

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days prior to the filing of the motion. These page limits shall

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apply to any and all motions filed with the Court.

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The parties are directed to the Court’s website for

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available hearing dates and Judge Nunley’s standard procedures.

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(www.caed.uscourts.gov – select “Judges” – select “Judge Nunley”

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– select “Standard Information”).

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Citations to Supreme Court Lexis database shall include
parallel citations to the Westlaw database.

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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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dispositional motions presented as the Final Pretrial Conference

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or at trial in the guise of motions in limine.

The Court will look with disfavor upon

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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 Joint 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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Readiness Statement shall also estimate how many court days each

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party will require to present its case, including opening

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statements and closing arguments.

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include time necessary for jury selection, time necessary to

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finalize jury instructions and instruct the jury.

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The parties’ Joint Notice of Trial

The parties’ estimate shall

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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If the parties agree to a settlement conference, a

SETTLEMENT CONFERENCE

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magistrate judge will be randomly assigned to the case to preside

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over the settlement conference.

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request that the assigned District Judge or Magistrate Judge

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conduct the settlement conference, the parties shall file the

If the parties specifically

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appropriate waiver of disqualification in accordance with Local

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Rule 270(b).

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Voluntary Dispute Resolution Program (VDRP), a stipulation of

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election is required pursuant to Local Rule 271.

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If the parties elect to participate in the

In accordance with Local Rule 160, counsel are to

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immediately file a notice of settlement or other disposition of

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this case.

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X.

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No party shall submit paper courtesy copies of pleadings or

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COURTESY COPIES

exhibits to the Court unless expressly ordered to do so.

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XI.

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

MODIFICATION OF PRETRIAL SCHEDULING ORDER

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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.

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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.

Agreement by the parties pursuant to stipulation

Except in extraordinary circumstances,

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XII.

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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 on all defendant(s).

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OBJECTIONS TO PRETRIAL SCHEDULING ORDER

IT IS SO ORDERED.
DATED: August 5, 2022

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Troy L. Nunley
United States District Judge