Keith v. BCSFM, LLC

Filing 30

AMENDED PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 05/10/2022 AMENDING the Dates as follows: Discovery due by 7/14/2023; Designation of Expert Witnesses due by 8/14/2023; Dispositive Motions filed by 11/14/2023. The parties are ordered to file a Joint Notice of Trial Readiness not later than 30 days after receiving this Court's ruling(s) on the last filed dispositive motion(s). This Pretrial Scheduling Order will become final without further order of the Court unless objections are filed within14 days of service of this Order. (Rodriguez, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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2:18-CV-02273-TLN-EFB

Plaintiff,

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No.

DAVID KEITH,

v.

AMENDED PRETRIAL SCHEDULING
ORDER

BCSFM, 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.

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Jurisdiction is predicated upon 28 U.S.C. § 1332(a) – (c).

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JURISDICTION/VENUE

Venue is not disputed.

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IV.

DISCOVERY

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All discovery, with the exception of expert discovery, shall

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be completed by July 14, 2023.

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 of this Court.

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All motions to compel discovery must be noticed on

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

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V.

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DISCLOSURE OF EXPERT WITNESSES

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 August 14, 2023.1

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accompanied by a written report prepared and signed by the

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witness.

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26(a)(2)(B).

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The designation shall be

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

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 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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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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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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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.

An expert

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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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It will be assumed that a party

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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after 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

SUPPLEMENTAL DISCOVERY

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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.

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All dispositive motions, except motions for continuances,

MOTION HEARING SCHEDULE

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temporary restraining orders or other emergency applications,

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shall be filed no later than November 14, 2023.

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All purely legal issues are to be resolved by timely

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pretrial motions.

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procedures of civil motions with the following additions:

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Local Rule 230 governs the calendaring and

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

All requests for

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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.

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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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dispositional motions presented in the guise of motions in

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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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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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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.

In the event a settlement

The request must state whether the parties
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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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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.

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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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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.

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

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MODIFICATION OF PRETRIAL SCHEDULING ORDER

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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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.
IT IS SO ORDERED.
DATED: May 10, 2022

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Troy L. Nunley
United States District Judge

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