Performance Contracting, Inc. v. Engineered Wall Systems, Inc.

Filing 42

CASE MANAGEMENT SCHEDULING ORDER, Case referred to Private ADR. Further Case Management Conference set for 4/6/2017 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Pretrial Conference set for 6/22/2017 at 10:00 AM in Courtroom 3, 17th Floo r, San Francisco before Hon. Richard Seeborg.Jury Selection/Trial set for 7/10/2017 at 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 4/7/16. (cl, COURT STAFF) (Filed on 4/7/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PERFORMANCE CONTRACTING, INC.,

Case No. 15-cv-05245-RS

Plaintiff,
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v.

CASE MANAGEMENT SCHEDULING
ORDER

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ENGINEERED WALL SYSTEMS, INC.,
Defendant.

United States District Court
Northern District of California

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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the parties attended a Case

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Management Conference on April 7, 2016. After considering the Joint Case Management

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Statement submitted by the parties and consulting with the attorneys of record for the parties and

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good cause appearing, IT IS HEREBY ORDERED THAT:

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1.

ALTERNATIVE DISPUTE RESOLUTION.

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MEDIATION. The parties will seek to engage in private mediation in the next 90 days.

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2.

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On or before March 31, 2017, all non-expert discovery shall be completed by the parties.

DISCOVERY.

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Discovery shall be limited as follows: (a) ten (10) non-expert depositions per party; (b) twenty-

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five (25) interrogatories per party, including all discrete subparts; (c) a reasonable number of

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requests for production of documents or for inspection per party; and (d) a reasonable number of

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requests for admission per party.

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3.

DISCOVERY DISPUTES.

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Discovery disputes will be referred to a Magistrate Judge. After the parties have met and

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conferred, the parties shall prepare a joint letter of not more than 5 pages explaining the dispute.

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Up to 12 pages of attachments may be added. The joint letter must be electronically filed under

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the Civil Events category of “Motions and Related Filings > Motions--General > Discovery Letter

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Brief.” The Magistrate Judge to whom the matter is assigned will advise the parties of how that

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Judge intends to proceed. The Magistrate Judge may issue a ruling, order more formal briefing, or

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set a telephone conference or a hearing. After a Magistrate Judge has been assigned, all further

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discovery matters shall be filed pursuant to that Judge’s procedures.

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4.

EXPERT WITNESSES.

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The disclosure and discovery of expert witnesses shall proceed as follows:
a. On or before March 3, 2017, parties will designate experts in accordance with

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Federal Rule of Civil Procedure 26(a)(2).

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b. On or before March 17, 2017, parties will designate their supplemental and rebuttal

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experts in accordance with Federal Rule of Civil Procedure 26(a)(2).

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c. On or before March 31, 2017, all discovery of expert witnesses pursuant to Federal

United States District Court
Northern District of California

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Rule of Civil Procedure 26(b)(4) shall be completed.

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5.

FURTHER CASE MANAGEMENT CONFERENCE.

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A Further Case Management Conference shall be held on April 6, 2017, at 10:00 a.m. in

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Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco,

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California. The parties shall file a Joint Case Management Statement at least one week prior to the

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Conference.

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6.

PRETRIAL MOTIONS.

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All dispositive pretrial motions must be filed and served pursuant to Civil Local Rule 7.

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Each party is limited to one motion for summary judgment absent leave of Court. All pretrial

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motions shall be heard no later than May 4, 2017.

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7.

PRETRIAL CONFERENCE.

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The final pretrial conference will be held on June 22, 2017, at 10:00 a.m., in Courtroom

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3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California.

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Each party or lead counsel who will try the case shall attend personally.

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8.

TRIAL DATE.

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A jury trial shall commence on July 10, 2017, at 9:00 a.m., in Courtroom 3, 17th Floor,
CASE MANAGEMENT SCHEDULING ORDER
CASE NO. 15-cv-05245-RS

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United States Courthouse, 450 Golden Gate Avenue, San Francisco, California.

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IT IS SO ORDERED.

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Dated: April 7, 2016
______________________________________
RICHARD SEEBORG
United States District Judge

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United States District Court
Northern District of California

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CASE MANAGEMENT SCHEDULING ORDER
CASE NO. 15-cv-05245-RS

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