Brewer v. General Nutrition Corporation

Filing 25

SCHEDULING ORDER Preliminary Pretrial Conference Statement due by 4/6/2012. Discovery due by 5/11/2012. Motions due by 7/9/2012. Preliminary Pretrial Conference set for 4/16/2012 11:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. James Ware. Signed by Judge James Ware on 10/25/11. (sis, COURT STAFF) (Filed on 10/25/2011)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE NORTHERN DISTRICT OF CALIFORNIA

8

SAN FRANCISCO DIVISION

9

Charles Brewer,

United States District Court
For the Northern District of California

12
13

SCHEDULING ORDER

Plaintiff,

10
11

NO. C 11-03587 JW

v.
General Nutrition Corp.,
Defendant.

/

14
15

This case is scheduled for a Case Management Conference on October 31, 2011. Pursuant to

16

the Federal Rules of Civil Procedure and Local Rules of this Court, the parties conferred and duly

17

submitted a Joint Case Management Statement. (See Docket Item No. 23.) Based on their joint

18

submission, it appears that a schedule for the case can be set without the necessity of an appearance

19

at this time. Accordingly, the Case Management Conference is VACATED and the parties are

20

ordered to comply with the following schedule:
CASE SCHEDULE

21
22

Close of All Discovery (¶ 9)

May 11, 2012

23

Last Date for Hearing Dispositive Motions (¶ 10)
(.60 days after the Close of All Discovery)

July 9, 2012

Preliminary Pretrial Conference at 11 a.m. (¶ 12)
(.30 days before the Close of All Discovery)

April 16, 2012

25
26

Preliminary Pretrial Conference Statement (¶ 11)
(Due 10 days before conference)

April 6, 2012

24

27
28

1
2

Deadline for parties to contact Court’s ADR Program to
discuss an appropriate ADR process for this case (¶ 15)
(15 days after the date of this Order)

November 11, 2011

3
4
5

None of the dates set in this Order may be changed without an order of the Court made after
a motion is filed pursuant to the Civil Local Rules of Court.

6

Standing Order to Lodge Printed Copy of "ECF" Papers

7
8
9
United States District Court
For the Northern District of California

10
11
12
13

1.

the Court "ECF," when filing papers in connection with any motion or any pretrial conference, in
addition to filing the paper electronically, the filing parties shall lodge with the Clerk's Office a
printed copy of the papers, in an envelop clearly marked "Chamber's Copy – Lodged for the
Chambers of Judge James Ware." The "Chamber's Copy" envelop must state the case name and case
number and be delivered on or before the close of the next court day following the day the papers
are filed electronically. See Standing Order Regarding Case Management in Civil Cases.

14

Compliance with Discovery Plan and Reference to Magistrate Judge

15
16
17
18
19
20
21
22
23
24
25
26

In all cases, including cases covered by the Electronic Case Filing System of

2.

The parties are ordered to comply with the discovery plan as set forth in the

Case Schedule. Any disputes with respect to the implementation of the discovery plan and all
disclosure or discovery disputes are referred to the assigned Magistrate Judge. In addition, any
disputes pertaining to service or joinder of parties or claims are referred to the assigned Magistrate
Judge.
Document Management During Pretrial Discovery and Electronic Evidence Presentation
3.

This Court has available a digital and video electronic evidence presentation

system. Before commencement of pretrial discovery, the parties are ordered to familiarize
themselves with the system, and to meet and confer about whether the case will involve voluminous
documentary. If so, as the parties identify documentary material which is likely to be used as trial
exhibits, the parties are ordered to electronically store these materials in a fashion which will
facilitate displaying them electronically during the trial. The parties are reminded that Civil L.R. 30-

27
28

2

1

2(b) requires sequential numbering of exhibits during depositions and that numbering must be

2

maintained for those exhibits throughout the litigation. Each proposed exhibit shall be pre-marked

3

for identification. All exhibits shall be marked with numerals. The parties shall meet and confer on

4

a division which will avoid duplication (e.g., Plaintiff: 1-99,000; Defendant #1: 100,000-299,999;

5

Defendant #2: 300,000-500,000).

6
7

Disclosure of Expert Witnesses
4.

Any party wishing to present expert witness testimony with respect to a

claim or a defense shall lodge with the Court and serve on all other parties the name, address,

9

qualifications, résumé and a written report which complies with Fed. R. Civ. P. 26(a)(2)(B) 63 days

10
United States District Court
For the Northern District of California

8

before close of discovery. Expert witness disclosure must be made with respect to a person who is

11

either (a) specially retained or specially employed to provide expert testimony pursuant to

12

Fed.R.Evid. 702 or (b) a regular employee or agent or treating physician who may be called to

13

provide expert opinion testimony.

14
15
16

5.

The parties are also required to lodge any supplemental reports to which any

expert will testify at trial in accordance with Fed. R. Civ. P. 26(a)(2)(B).
6.

Any party objecting to the qualifications or proposed testimony of an expert

17

must file, serve and notice a motion to exclude the expert or any portion of the expert's testimony in

18

writing in accordance with Civil Local Rule 7-2, for hearing no later than 42 DAYS AFTER BOTH

19

EXPERT AND REBUTTAL EXPERT DISCLOSURES ON A MONDAY (LAW AND

20

MOTION DAY) at 9:00 a.m. and preferably before or on the same day as the discovery cutoff

21

date at 9:00 a.m.
Rebuttal Expert Witnesses

22
23

7.

If the testimony of the expert is intended solely to contradict or rebut opinion

24

testimony on the same subject matter identified by another party, the party proffering a rebuttal

25

expert shall make the disclosures required by Fed. R. Civ. P. 26(a)(2)(B), no later than 49 days

26

prior to discovery cutoff.

27
28

3

1
2

Limitation on Testimony by Expert Witnesses
8.

Unless the parties enter into a written stipulation otherwise, upon timely

3

objection, an expert witness shall be precluded from testifying about any actions or opinions not

4

disclosed prior to the expert’s deposition. This is to ensure that all factual material upon which

5

expert opinion may be based and all tests and reports are completed prior to the expert deposition.

6

Unless application is made prior to the close of expert discovery, each party will be limited to

7

calling only one expert witness in each discipline involved in the case.

8
9

Close of Discovery
9.

Pursuant to Civil L.R. 26-2, all discovery, including supplemental

United States District Court
For the Northern District of California

10

disclosure, depositions of fact witness and expert witnesses, must be completed on or before the

11

deadline set forth in the Case Schedule above.
Last date for Hearing Dispositive Motions

12
13
14
15
16

10.

The last day for hearing dispositive motions is set forth in the Case Schedule

above. Any motions must be noticed in accordance with the Civil Local Rules of this Court.
Preliminary Pretrial and Trial Setting Conference Statement and Proposed Order
11.

The attorneys who will try the case are ordered to confer with one another

17

and to file and lodge with Chambers on or before the deadline set forth in the Case Schedule above a

18

Preliminary Pretrial and Trial Setting Conference Statement and Proposed Order, stating their

19

readiness for trial, the amount of time which the Court should allocate for trial and the calendar

20

period for the trial.

21

12.

22
23

The attorneys who will try the case are ordered to appear on the date set in

the Case Schedule at 11:00 a.m. for a Preliminary Pretrial and Trial Setting Conference.
13.

With respect to the time allocation for trial, at the Preliminary Pretrial and

24

Trial Setting Conference trial counsel will be asked to stipulate to a time allocation to each side for

25

the trial of the case. Once a stipulated allocation has been entered, the parties must plan their

26

presentations to conform to the stipulated time allocation.

27
28

4

1
2
3

Alternative Dispute Resolution
14. The parties are referred to the Court's ADR Program at [phone]. No later than
the deadline set forth in the Case Schedule, the parties shall contact the ADR Program.

4
5
6

Dated: October 25, 2011
JAMES WARE
United States District Chief Judge

7
8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

5

1

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

2

Michael Hoffman [e-mail]
Susan L. Germaise [e-mail]

3
4

Dated: October 25, 2011

Richard W. Wieking, Clerk

5
By: /s/ JW Chambers
Susan Imbriani
Courtroom Deputy

6
7
8
9
United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

6