Edwards v. Oportun, Inc.
Filing
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CASE MANAGEMENT ORDER by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 6/14/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KENYARD EDWARDS,
Case No. 16-cv-00519-EDL
Plaintiff,
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v.
CASE MANAGEMENT ORDER
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OPORTUN, INC.,
Defendant.
United States District Court
Northern District of California
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Following the Case Management Conference held on June 7, 2016, IT IS HEREBY
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ORDERED THAT pursuant to Fed. R. Civ. P. 16, the following case management and pretrial
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order is entered:
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1. DISCOVERY
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a.
All pre-certification fact discovery shall be completed no later than March
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30, 2017. There will be no further pre-certification fact discovery after that date except by order
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of the Court for good cause shown. Motions to compel pre-certification fact discovery must be
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filed within the time limits contained in Civil Local Rule 26-2.
b.
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The plaintiff must file and serve any pre-certification expert reports no later
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than April 7, 2017. Defendant must file and serve any pre-certification expert reports no later than
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May 8, 2017. Pre-certification rebuttal expert reports shall be filed and served no later than June
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8, 2017.
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c.
All post-certification fact discovery shall be completed no later than
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October 30, 2017. There will be no further post-certification fact discovery after that date except
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by order of the Court for good cause shown. Motions to compel non-expert discovery must be
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filed within the time limits contained in Civil Local Rule 26-2.
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d.
Initial post-certification expert disclosures shall be made no later than
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August 10, 2017. Post-certification rebuttal expert disclosures shall be made no later than August
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24, 2017. All treating physicians who will provide opinion testimony beyond that which can be
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provided by a lay person must be disclosed as expert witnesses, but they need not prepare expert
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reports unless ordered to do so by the Court.
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e.
All post-certification expert discovery shall be completed no later than
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January 30, 2018. There will be no further expert discovery after that date except by order of the
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Court for good cause shown. Motions to compel expert discovery must be filed within the time
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limits contained in Civil Local Rule 26-2.
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f.
Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to
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supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and
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United States District Court
Northern District of California
responses to discovery requests under the circumstances itemized in that Rule, and when ordered
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by the Court. The Court expects that the parties will supplement and/or correct their disclosures
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promptly when required under that Rule, without the need for a request from opposing counsel.
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In addition to the general requirements of Rule 26(e)(1), the parties will supplement and/or
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correct all previously made disclosures and discovery responses 28 days before the fact
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discovery cutoff date.
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g.
Pursuant to Civil L.R. 37-1(b), telephone conferences are available to
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resolve disputes during a discovery event, such as a deposition, where the resolution during the
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event likely would result in substantial savings of expense or time.
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h.
Privilege logs. If a party withholds information that is responsive to a
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discovery request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by
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claiming that it is privileged, or protected from discovery under the attorney work product doctrine
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or any other protective doctrine (including, but not limited to, privacy rights), that party shall
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prepare a "privilege log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and
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specifying separately for each document or for each category of similarly situated documents:
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1. The name and job title or capacity of the author;
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2. The name and job title or capacity of each recipient;
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3. The date the document was prepared and, if different, the date(s)
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on which it was sent to or shared with persons other than its
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author(s);
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4. The title and description of the document;
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5. The subject matter addressed in the document;
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6. The purpose(s) for which it was prepared or communicated; and
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7. The specific basis for the claim that it is privileged.
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The privilege log will be produced as quickly as possible, but no later than 14 days after
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the discovery responses are due (in a rolling production, 14 days after each set of documents is
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United States District Court
Northern District of California
produced), unless the parties stipulate or the Court orders otherwise in a particular case.
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i.
In responding to requests for documents and materials under Rule 34 of the
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Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served
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on all other parties the full extent to which they will produce materials and shall, promptly after
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the production, confirm in writing that they have produced all such materials so described that are
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locatable after a diligent search of all locations at which such materials might plausibly exist.
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2. MOTIONS
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The last day to file a motion, or stipulation and proposed order, to join other parties shall
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be July 7, 2016.
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The last day to file a motion, or stipulation and proposed order, to amend the pleadings
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shall be July 7, 2016.
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The last day for hearing class certification motions shall be July 11, 2017. Class
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certification motions shall be served and filed no later than April 7, 2017.
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The last day for hearing dispositive motions shall be December 12, 2017. Dispositive
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motions shall be served and filed no later than thirty-five (35) days prior to the scheduled hearing
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date. Briefing shall be in compliance with Civil Local Rule 7-3.
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3. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
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The parties are referred to a randomly assigned magistrate judge for the purpose of
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engaging in a settlement conference, to take place within 90 days.
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4. All documents filed with the Clerk of the Court shall list the civil case number followed
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by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies
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shall be three-hole punched at the left side, suitable for insertion into standard binders. In
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addition, all proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be
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accompanied by a CD or USB flash drive containing a copy of the document in Microsoft Word
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format (*.docx).
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United States District Court
Northern District of California
IT IS SO ORDERED.
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Dated: June 14, 2016
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______________________________________
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE
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