Bard Water District v. James Davey and Associates, Inc. et al

Filing 86

Second Amended ORDER granting 85 Motion to Continue. Mandatory Settlement Conference set for 08/23/2018 is vacated and continued to 10/31/2018 10:00 AM before Magistrate Judge Peter C. Lewis. Proposed Pretrial Order due by 12/11/2018. Final Pret rial Conference set for 10/5/2018 is vacated and continued to 12/11/2018 08:30 AM in Courtroom 5D before Judge Jeffrey T. Miller. Jury Trial set for 11/12/2018 is vacated and continued to 1/22/2019 10:00 AM in Courtroom 5D before Judge Jeffrey T. Miller. Signed by Magistrate Judge Peter C. Lewis on 3/22/2018. (gac)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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BARD WATER DISTRICT,

Case No.: 13-cv-02727-JM-PCL
Plaintiff,

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v.

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SECOND AMENDED SCHEDULING
ORDER REGULATING DISCOVERY
AND OTHER PRE-TRIAL
PROCEEDINGS

JAMES DAVEY AND ASSOCIATES,
INC., an Arizona Corporation; JAMES
DAVEY; and DOES 1 through 50,

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Defendants.

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JAMES DAVEY AND ASSOCIATES,
INC., an Arizona corporation,

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Third-Party Plaintiff,
v.

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GEORGE CAIRO ENGINEERING,
INC., an Arizona corporation; and ROES
1 through 10, inclusive,
Third-Party Defendants.

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On March 21, 2018, the parties filed a joint motion to amend the previously

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amended scheduling order. (Doc. 85.) The parties base their motion on the third party

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complaint filed against George Cairo Engineering (GCE). (Doc. 63.) GCE filed a motion
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to dismiss the third party complaint, and after the Court denied its motion, GCE filed a

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counterclaim against James Davey and Associates (JDA). (Doc. 69, 73.) The Court

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dismissed GCE’s counterclaim with leave to amend on March 5, 2018, pursuant to a

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motion to dismiss filed by JDA. (Doc. 83.) Given this third party motion practice, the

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parties are still in the pleading stage of the case and will require additional time to

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complete discovery and prepare for trial. (Doc. 85 at 2.)

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Good cause appearing, IT IS HEREBY ORDERED:

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1.

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All fact discovery shall be completed by all parties by May 31, 2018.

“Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil

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Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period

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

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taking into account the times for service, notice and response as set forth in the Federal

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Rules of Civil Procedure. Counsel shall promptly and in good faith meet and confer

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

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Court expects counsel to make every effort to resolve all disputes without court

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intervention through the meet and confer process. If the parties reach an impasse on any

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discovery issue, counsel shall file an appropriate motion within the time limit and

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procedures outlined in the undersigned magistrate judge’s chambers rules. A failure to

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comply in this regard will result in a waiver of a party’s discovery issue. Absent an

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order of the court, no stipulation continuing or altering this requirement will be

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recognized by the court.

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2.

The parties shall designate their respective experts in writing by June 22,

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2018. The parties must identify any person who may be used at trial to present evidence

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pursuant to Rules 702, 703 or 705 of the Fed. R. Evid. This requirement is not limited to

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retained experts. The date for exchange of rebuttal experts shall be by July 6, 2018. The

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written designations shall include the name, address and telephone number of the expert

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and a reasonable summary of the testimony the expert is expected to provide. The list

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shall also include the normal rates the expert charges for deposition and trial testimony.
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3.

By August 7, 2018, each party shall comply with the disclosure provisions

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in Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure

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requirement applies to all persons retained or specially employed to provide expert

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testimony, or whose duties as an employee of the party regularly involve the giving of

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expert testimony. Except as provided in the paragraph below, any party that fails to

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make these disclosures shall not, absent substantial justification, be permitted to use

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evidence or testimony not disclosed at any hearing or at the time of trial. In

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addition, the Court may impose sanctions as permitted by Fed. R. Civ. P. 37(c).

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4.

Any party shall supplement its disclosure regarding contradictory or rebuttal

evidence under Fed. R. Civ. P. 26(a)(2)(D) by August 21, 2018.
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All expert discovery shall be completed by all parties by September 19,

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2018. The parties shall comply with the same procedures set forth in the paragraph

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governing fact discovery.

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6.

Failure to comply with this section or any other discovery order of the court

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may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on

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the introduction of experts or other designated matters in evidence.

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7.

All other pretrial motions must be filed by October 18, 2018. Counsel for

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the moving party must obtain a motion hearing date from the law clerk of the judge who

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will hear the motion. The period of time between the date you request a motion date and

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the hearing date may vary from one district judge to another. Please plan accordingly.

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Failure to make a timely request for a motion date may result in the motion not being

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heard. Motions in limine are to be filed as directed in the Local Rules, or as otherwise set

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by the district judge.

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8.

A Mandatory Settlement Conference shall be conducted on October 31,

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2018 at 10:00 a.m. in the chambers of Magistrate Judge Peter C. Lewis. Counsel or

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any party representing himself or herself shall submit confidential settlement briefs

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directly to chambers by October 24, 2018. All parties are ordered to read and to fully

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comply with the Chamber Rules of the assigned magistrate judge.
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9.

In jury trial cases before Judge Miller, neither party is required to file

Memoranda of Contentions of Fact and Law.

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10.

Counsel shall comply with the pre-trial disclosure requirements of Fed. R.

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Civ. P. 26(a)(3) by November 21, 2018. Failure to comply with these disclosure

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requirements could result in evidence preclusion or other sanctions under Fed. R. Civ. P.

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37.

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11.

Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by

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November 1, 2018. At this meeting, counsel shall discuss and attempt to enter into

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stipulations and agreements resulting in simplification of the triable issues. Counsel shall

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exchange copies and/or display all exhibits other than those to be used for impeachment.

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The exhibits shall be prepared in accordance with Local Rule 16.1(f)(4)(c). Counsel shall

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note any objections they have to any other parties’ Pretrial Disclosures under Fed. R. Civ.

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P. 26(a)(3). Counsel shall cooperate in the preparation of the proposed pretrial

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conference order.

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12.

Counsel for plaintiff will be responsible for preparing the pretrial order and

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arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By November

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28, 2018, plaintiff’s counsel must provide opposing counsel with the proposed pretrial

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order for review and approval. Opposing counsel must communicate promptly with

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plaintiff’s attorney concerning any objections to form or content of the pretrial order, and

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both parties shall attempt promptly to resolve their differences, if any, concerning the

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order.

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13.

The Proposed Final Pretrial Conference Order, including objections to any

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other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and

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lodged with the assigned district judge by December 11, 2018, and shall be in the form

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prescribed in and comply with Local Rule 16.1(f)(6).

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14.

The final Pretrial Conference is scheduled on the calendar of the Honorable

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Jeffrey T. Miller on December 19, 2018 at 8:30 a.m.. A trial will be held before the

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Honorable Jeffrey T. Miller, United States District Court Judge, on January 22, 2019 at
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10:00 am.
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The parties must review the chambers’ rules for the assigned district judge

and magistrate judge.
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A post trial settlement conference before a magistrate judge may be held

within 30 days of verdict in the case.
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The dates and times set forth herein will not be modified except for good

cause shown.
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Briefs or memoranda in support of or in opposition to any pending motion

shall not exceed twenty-five (25) pages in length without leave of a district court judge.

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No reply memorandum shall exceed ten (10) pages without leave of a district court judge.

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Briefs and memoranda exceeding ten (10) pages in length shall have a table of contents

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and a table of authorities cited.

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Plaintiff’s counsel shall serve a copy of this order on all parties that enter

this case hereafter.
IT IS SO ORDERED.
Dated: March 22, 2018

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