Montemayer v. HD Supply Management, Inc.

Filing 21

CASE MANAGEMENT SCHEDULING ORDER. REFERRING CASE to Private ADR Further Case Management Conference set for 8/1/2013 10:00 AM; Pretrial Conference set for 5/1/2014 10:00 AM; Jury Selection set for 5/12/2014 09:00 AM; Jury Trial set for 5/12/2014 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 1/31/13. (cl, COURT STAFF) (Filed on 1/31/2013)

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2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 For the Northern District of California United States District Court 1 JOHN R. MONTEMAYER, 12 13 Plaintiff, v. No. C 12-03292 RS CASE MANAGEMENT SCHEDULING ORDER HD SUPPLY MANAGEMENT, INC and 14 DOES 1-100, 15 Defendants. 16 ____________________________________/ 17 Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the parties attended a 18 Case Management Conference on January 31, 2013. After considering the Joint Case 19 Management Statement submitted by the parties and consulting with the attorneys of record for 20 the parties and good cause appearing, IT IS HEREBY ORDERED THAT: 21 1. ALTERNATIVE DISPUTE RESOLUTION. 22 PRIVATE MEDIATION. The parties have agreed to participate in private mediation 23 within the next ninety (90) days, if possible. 24 2. DISCOVERY. 25 On or before July 27, 2013 all non-expert discovery shall be completed by the parties. 26 Discovery shall be limited as follows: (a) ten (10) non-expert depositions per party; (b) thirty27 five (35) interrogatories per party, including all discrete subparts; (c) thirty-five (35) requests for 28 CASE MANAGEMENT SCHEDULING ORDER production of documents or for inspection per party; (d) thirty-five (35) requests for admission 2 per party; (e) five (5) expert depositions; and (f) two (2) independent medical exams by 3 defendant. 4 3. 5 Discovery disputes will be referred to a Magistrate Judge. After the parties have met and 6 conferred, the parties shall prepare a joint letter of not more than 8 pages explaining the dispute. 7 Up to 12 pages of attachments may be added. The joint letter must be electronically filed under 8 the Civil Events category of "Motions and Related Filings >Motions--General > Discovery 9 DISCOVERY DISPUTES. Letter Brief." The Magistrate Judge to whom the matter is assigned will advise the parties of 10 how that Judge intends to proceed. The Magistrate Judge may issue a ruling, order more formal 11 For the Northern District of California United States District Court 1 briefing, or set a telephone conference or a hearing. After a Magistrate Judge has been assigned, 12 all further discovery matters shall be filed pursuant to that Judge's procedures. 13 14 15 16 17 18 19 20 21 4. EXPERT WITNESSES. The disclosure and discovery of expert witnesses shall proceed as follows: A. On or before July 29, 2013, parties will designate experts in accordance with Federal Rule of Civil Procedure 26(a)(2). B. On or before August 19, 2013, parties will designate their supplemental and rebuttal experts in accordance with Federal Rule of Civil Procedure 26(a)(2). C. On or before September 12, 2013, all discovery of expert witnesses pursuant to Federal Rule of Civil Procedure 26(b)(4) shall be completed. 5. FURTHER CASE MANAGEMENT CONFERENCE. A Further Case 22 Management Conference shall be held on August 1, 2013 at 10:00 a.m. in Courtroom 3, 17th 23 Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California. The 24 parties shall file a Joint Case Management Statement at least one week prior to the Conference. 25 26 6. PRETRIAL MOTIONS. All pretrial motions must be filed and served pursuant to Civil Local Rule 7. All pretrial motions shall be heard no later than October 17, 2013. 27 CASE MANAGEMENT SCHEDULING ORDER 28 2 7. PRETRIAL CONFERENCE. The final pretrial conference will be held on May 2 1, 2014 at 10:00 a.m., in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate 3 Avenue, San Francisco, California. Each party or lead counsel who will try the case shall attend 4 personally. 5 8. TRIAL DATE. Trial shall commence on May 12, 2014 at 9:00 a.m., in 6 Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, 7 California. 8 9 IT IS SO ORDERED. 10 11 For the Northern District of California United States District Court 1 DATED: 1/31/13 _______________________________ RICHARD SEEBORG United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CASE MANAGEMENT SCHEDULING ORDER 28 3

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