Tomamex Tijuana, Inc. v. Cintas Corporation et al

Filing 62

ORDER granting in part Cintas Corporation and Tomamex Tijuana, Inc.'s 61 Third Joint Motion to Amend Case Management Conference Order and Continue Discovery, Pretrial and Trial Dates. Final Pretrial Conference set for 3/23/2012 01:30 PM befor e Judge Anthony J. Battaglia. Settlement Conference set for 12/19/2011 01:30 PM before Magistrate Judge Ruben B. Brooks. Proposed Final Pretrial Order due by 3/14/2012. Signed by Magistrate Judge Ruben B. Brooks on 06/24/11. (All non-registered users served via U.S. Mail Service)(cge)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17
18

Civil No. 09CV2842 AJB(RBB)

TOMAMEX TIJUANA, INC., a
California Corporation,

)
)
)
Plaintiff,
)
)
v.
)
)
CINTAS CORPORATION, a
)
Washington corporation, and
)
DOES 1 through 20, inclusive, )
)
Defendants.
)
_______________________________ )
)
AND RELATED CROSS-ACTION.
)
)

ORDER GRANTING IN PART CINTAS
CORPORATION AND TOMAMEX
TIJUANA, INC.’S THIRD JOINT
MOTION TO AMEND CASE
MANAGEMENT CONFERENCE ORDER
AND CONTINUE DISCOVERY,
PRETRIAL AND TRIAL DATES [ECF
NO. 61]

19
20

After consideration of Defendant Cintas Corporation and

21

Plaintiff Tomamex Tijuana, Inc.’s [Third] Joint Motion to Continue

22

Discovery, Pretrial and Trial Dates (ECF No. 61) and all supporting

23

papers filed therewith and good cause appearing therefore:

24

IT IS HEREBY ORDERED that Defendant Cintas Corporation and

25

Plaintiff Tomamex Tijuana, Inc.’s Joint Motion to Continue

26

Discovery, Pretrial and Trial Dates is granted in part.

27

cause shown, the following dates shall govern the case schedule in

28

this action:

1

For good

09cv2842 AJB(RBB)

1

1.

All fact discovery must be completed by all parties on or

2

before October 7, 2011.

3

all parties on or before October 21, 2011.

4

all discovery under Rules 30-36 of the Federal Rules of Civil

5

Procedure, and discovery subpoenas under Federal Rule of Civil

6

Procedure 45, must be initiated a sufficient period of time in

7

advance of the cut-off date, so that it may be completed by the

8

cut-off date, taking into account the times for service, notice,

9

and response, as set forth in the Federal Rules of Civil Procedure.

10

Counsel must promptly and in good faith meet and confer with regard

11

to all discovery disputes in compliance with Local Rule 26.1(a).

12

All discovery motions must be filed within 30 days of the service

13

of an objection, answer, or response which becomes the subject of

14

dispute or the passage of a discovery due date without response or

15

production, and only after counsel have met and conferred and have

16

reached impasse with regard to the particular issue.

17

comply in this regard will result in a waiver of a parties

18

discovery issue.

19

continuing or altering this requirement will be recognized by the

20

court.

21

2.

All expert discovery must be completed by
"Completed" means that

A failure to

Absent an order of the court, no stipulation

All other dispositive motions, including those addressing

22

Daubert issues, must be filed on or before December 2, 2011.

23

Please be advised that counsel for the moving party must obtain a

24

motion hearing date from the law clerk of the judge who will hear

25

the motion.

26

Local Rules, or as otherwise set by Judge Battaglia.

27

advised that the period of time between the date you request a

28

motion date and the hearing date may vary from one district judge

Motions in Limine are to be filed as directed in the

2

Be further

09cv2842 AJB(RBB)

1

to another.

2

contact the judge's law clerk in advance of the motion cutoff to

3

calendar the motion.

4

result in the motion not being heard.

5

Please plan accordingly.

For example, you should

Failure to timely request a motion date may

Questions regarding this case should be directed to the

6

judge's law clerk.

7

Rule 7.1(e)(4) which requires that the parties allot additional

8

time for service of motion papers by mail.

9

with this rule shall not be accepted for filing.

10

The Court draws the parties' attention to Local

Papers not complying

Briefs or memoranda in support of or in opposition to any

11

pending motion shall not exceed twenty-five (25) pages in length

12

without leave of the judge who will hear the motion.

13

memorandum shall exceed ten (10) pages without leave of the judge

14

who will hear the motion.

15

3.

No reply

The settlement conference set for August 11, 2011, at 2:00

16

p.m. shall be continued to December 19, 2011, at 1:30 p.m.

17

mandatory settlement conference date will be set at one of the

18

scheduled settlement conferences.

19

A

All parties, claims adjusters for insured Defendants and non-

20

lawyer representatives with complete authority to enter into a

21

binding settlement, as well as the principal attorneys responsible

22

for the litigation, must be present and legally and factually

23

prepared to discuss and resolve the case at the mandatory

24

settlement conference and at all settlement conferences.

25

outside corporate counsel shall not appear on behalf of a

26

corporation as the party representative who has the authority to

27

negotiate and enter into a settlement.

28

proper excuse will be considered grounds for sanctions.

3

Retained

Failure to attend or obtain

09cv2842 AJB(RBB)

1

If Plaintiff is incarcerated in a penal institution or other

2

facility, the Plaintiff's presence is not required at conferences

3

before Judge Brooks, and the Plaintiff may participate by

4

telephone.

5

Plaintiff's appearance by telephone.

In that case, defense counsel is to coordinate the

6

Confidential written settlement statements for the mandatory

7

settlement conference shall be lodged directly in the chambers of

8

Judge Brooks no later than five court days before the mandatory

9

settlement conference.

The statements need not be filed with the

10

Clerk of the Court or served on opposing counsel.

The statements

11

will not become part of the court file and will be returned at the

12

end of the conference upon request.

13

lodged with Judge Brooks either by mail or in person.

Written statements may be

14

Any statement submitted should avoid arguing the case.

15

Instead, the statement should include a neutral factual statement

16

of the case, identify controlling legal issues, and concisely set

17

out issues of liability and damages, including any settlement

18

demands and offers to date and address special and general damages

19

where applicable.

20
21

If appropriate, the Court will consider the use of other
alternative dispute resolution techniques.

22

4.

Counsel shall make their Pretrial Disclosures required by

23

Federal Rule of Civil Procedure 26(a)(3) on or before February 29,

24

2012.
Despite the requirements of Local Rule 16.1(f), neither party

25
26

is required to file Memoranda of Contentions of Fact and Law at any

27

time.

28

and submitting a proposed pretrial order by the time and date

The parties shall instead focus their efforts on drafting

4

09cv2842 AJB(RBB)

1

specified by Local Rule 16.1(f)(7)(b).

2

requirements under Local Rule 16.1(f)(6)(c).

3

5.

This order replaces the

The parties must meet and confer on or before March 7,

4

2012, and prepare a proposed pretrial order containing the

5

following:

6

A.

A joint neutral statement to be read to the jury, not

7

in excess of one page, of the nature of the case and the claims and

8

defenses.

9

B.

A list of the causes of action to be tried,

10

referenced to the Complaint [and Counterclaim if applicable].

11

each cause of action, the order shall succinctly list the elements

12

of the claim, damages and any defenses.

13

Complaint [and/or Counterclaim] which is not listed shall be

14

dismissed with prejudice.

15

C(1).

For

A cause of action in the

A list, in alphabetical order, of each witness

16

counsel actually expect to call at trial with a brief statement,

17

not exceeding four sentences, of the substance of the witnesses'

18

testimony.

19

C(2).

A list, in alphabetical order, of each expert

20

witness counsel actually expect to call at trial with a brief

21

statement, not exceeding four sentences, of the substance of the

22

expert witnesses' testimony.

23

C(3).

A list, in alphabetical order, of additional

24

witnesses, including experts, counsel do not expect to call at this

25

time but reserve the right to call at trial along with a brief

26

statement, not exceeding four sentences, of the substance of the

27

witnesses' testimony.

28

5

09cv2842 AJB(RBB)

1

D(1).

A list of all exhibits that counsel actually

2

expect to offer at trial with a one-sentence description of the

3

exhibit.

4

D(2).

A list of all other exhibits that counsel do not

5

expect to offer at this time but reserve the right to offer if

6

necessary at trial with a one-sentence description of the exhibit.

7

E.

A statement of all facts to which the parties

8

stipulate.

9

read to and provided to the jury.

10

This statement must be on a separate page and will be

F.

A list of all deposition transcripts by page and

11

line, or videotape depositions by section, that will be offered at

12

trial in lieu of live testimony.

13

The Court encourages the parties to consult with the assigned

14

magistrate judge to work out any problems in preparation of the

15

proposed pretrial order.

16

questions concerning the conduct of the trial at the pretrial

17

conference."

18

6.

Judge Battaglia will entertain any

The proposed final pretrial conference order, including

19

objections to any party's Federal Rule of Civil Procedure 26(a)(3)

20

pretrial disclosures, shall be prepared, served, and lodged with

21

the Clerk of the Court on or before March 14, 2012.

22

also bring a court copy of the pretrial order to the pretrial

23

conference.

24

7.

Counsel shall

The final pretrial conference shall be held before the

25

Honorable Anthony J. Battaglia, United States District Judge, on

26

March 23, 2012, at 1:30 p.m.

27

pretrial conference.

A trial shall begin at or before the

28

6

09cv2842 AJB(RBB)

1
2

8.

except for good cause shown.

3
4

The dates and times set forth herein will not be modified

9.

Plaintiff's(s') counsel shall serve a copy of this order

on all parties that enter this case hereafter.

5
6

Dated:

June 24, 2011
RUBEN B. BROOKS
United States Magistrate Judge

7
8
cc:

All Parties of Record

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

K:\COMMON\BROOKS\CASES\TOMAMEX2842\OrderGrantingInPartThirdJtMotionReDiscDatesEtc.wpd

7

09cv2842 AJB(RBB)