Cervantes et al v. Liu Cheng Inc. et al

Filing 30

AMENDED SCHEDULING ORDER; ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT; VACATING PRELIMINARY PRETRIAL CONFERENCE re 26 MOTION for Leave to File Third Amended Complaint. Plaintiffs shall file their Third Amended Complaint on or before 6/15/2009 as a separate docket entry. Deadline to contact ADR Program by 6/12/2009. Close of All Discovery due by 10/19/2009. Last Date to Hear Dispositive Motions due by 12/7/2009. Joint Pretrial Conference statement due 9/4/ 2009. Preliminary Pretrial Conference set for 9/14/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Motions terminated: 26 MOTION for Leave to File Third Amended Complaint. ***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.*** This is the parties final extension.The parties shall work within the amended schedule to bring this case to a close. Signed by Judge James Ware on 5/28/2009. (ecg, COURT STAFF) (Filed on 5/28/2009) Modified on 5/28/2009 (cv, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Implicit in granting the parties' Stipulation to modify the Case Schedule is the Court's grant of Plaintiffs' Motion for Leave to File a Third Amended Complaint. (See Docket Item No. 26.) The Court accepts Plaintiffs' counsel representation that the Third Amended Complaint is necessary to "add an individual defendant, whose identity was recently revealed." (See Joint Preliminary Pretrial Conference Statement.) Plaintiffs' counsel also represents that the addition of this new Defendant would not require additional discovery. (Id. at 2.) In the event that the Third Amended Complaint deviates from counsel's representation, Defendants may file a Motion to Dismiss or to Strike and for Rule 11 Sanctions. Plaintiffs shall file their Third Amended Complaint on or before June 15, 2009 as a separate docket entry. In light of this Order, the hearing on Plaintiffs' Motion set for June 22, 2009 is VACATED.
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Francisco Cervantes, et al., Plaintiffs, v. Liu Cheng Inc., et al., Defendants. / No. C 08-03817 JW AMENDED SCHEDULING ORDER; ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT; VACATING PRELIMINARY PRETRIAL CONFERENCE

Upon filing, this case was scheduled for a preliminary pretrial conference on June 1, 2009. Pursuant to the Federal Rules of Civil Procedure and Local Rules of this Court, the parties conferred and duly submitted a Joint Preliminary Pretrial Conference Statement and Proposed Order. Based on their joint submission, it appears that the parties seek additional time to complete discovery and possibly to add new parties to the case.1 The Court finds good cause to grant the parties' Stipulation to amend the Case Schedule. Accordingly, the preliminary pretrial conference is VACATED and the parties are ordered to comply with the following amended schedule:

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Close of All Discovery (¶ 9)

CASE SCHEDULE October 19, 2009 December 7, 2009 September 14, 2009 September 4, 2009 June 12, 2009

Last Date for Hearing Dispositive Motions (¶ 10) (.60 days after the Close of All Discovery) Preliminary Pretrial Conference at 11 a.m. (¶ 12) (.30 days before the Close of All Discovery) Preliminary Pretrial Conference Statements (¶ 11) (Due 10 days before conference) 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)

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. This is the parties' final extension. The parties shall work within the amended schedule to bring this case to a close. Standing Order to Lodge Printed Copy of "ECF" Papers In all cases, including cases covered by the Electronic Case Filing System of

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. Compliance with Discovery Plan and Reference to Magistrate Judge 2. The Court adopts the Discovery Plan proposed by the parties in their Joint

Case Management Statement. The parties are ordered to comply with the discovery plan. 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. 2

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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. 302(b) requires sequential numbering of exhibits during depositions and that numbering must be maintained for those exhibits throughout the litigation. Each proposed exhibit shall be pre-marked for identification. All exhibits shall be marked with numerals. The parties shall meet and confer on a division which will avoid duplication (e.g., Plaintiff: 1-99,000; Defendant #1: 100,000-299,999; Defendant #2: 300,000-500,000). 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, qualifications, résumé and a written report which complies with Fed. R. Civ. P. 26(a)(2)(B) 63 days before close of discovery. Expert witness disclosure must be made with respect to a person who is either (a) specially retained or specially employed to provide expert testimony pursuant to Fed.R.Evid. 702 or (b) a regular employee or agent or treating physician who may be called to provide expert opinion testimony. 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

must file, serve and notice a motion to exclude the expert or any portion of the expert's testimony in writing in accordance with Civil Local Rule 7-2, for hearing no later than 42 DAYS AFTER BOTH EXPERT AND REBUTTAL EXPERT DISCLOSURES ON A MONDAY (LAW AND

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MOTION DAY) at 9:00 a.m. and preferably before or on the same day as the discovery cutoff date at 9:00 a.m. Rebuttal Expert Witnesses 7. If the testimony of the expert is intended solely to contradict or rebut opinion

testimony on the same subject matter identified by another party, the party proffering a rebuttal expert shall make the disclosures required by Fed. R. Civ. P. 26(a)(2)(B), no later than 49 days prior to discovery cutoff. Limitation on Testimony by Expert Witnesses 8. Unless the parties enter into a written stipulation otherwise, upon timely

objection, an expert witness shall be precluded from testifying about any actions or opinions not disclosed prior to the expert's deposition. This is to ensure that all factual material upon which expert opinion may be based and all tests and reports are completed prior to the expert deposition. Unless application is made prior to the close of expert discovery, each party will be limited to calling only one expert witness in each discipline involved in the case. Close of Discovery 9. Pursuant to Civil L.R. 26-2, all discovery, including supplemental

disclosure, depositions of fact witness and expert witnesses, must be completed on or before the deadline set forth in the Case Schedule above. Last date for Hearing Dispositive Motions 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

and to file and lodge with Chambers on or before the deadline set forth in the Case Schedule above a Preliminary Pretrial and Trial Setting Conference Statement and Proposed Order, stating their readiness for trial, the amount of time which the Court should allocate for trial and the calendar period for the trial. 4

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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

Trial Setting Conference trial counsel will be asked to stipulate to a time allocation to each side for the trial of the case. Once a stipulated allocation has been entered, the parties must plan their presentations to conform to the stipulated time allocation. 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.

Dated: May 28, 2009

JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Adam Wang [e-mail] Charles Hyunchul Jung [e-mail] Kassra Powell Nassiri [e-mail] Dated: May 28, 2009 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

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