Hangingout, Inc. v. Google, Inc.

Filing 54

SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings. Mandatory Settlement Conference set for 10/14/2015 at 09:30 AM in the chambers of Magistrate Judge Nita L. Stormes. Proposed Pretrial Order due by 12/22/2015. Final Pretrial Conference set for 1/8/2016 at 01:30 PM before Judge Anthony J. Battaglia.Signed by Magistrate Judge Nita L. Stormes on 8/8/2014.(cxl)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 HANGINOUT, INC., a Delaware corporation, Plaintiff, v. GOOGLE, INC., a Delaware corporation, Defendants. 15 ) ) ) ) ) ) ) ) ) ) Civil No. 13cv2811 AJB (NLS) SCHEDULING ORDER REGULATING DISCOVERY AND OTHER PRE-TRIAL PROCEEDINGS 16 17 18 Pursuant to Rule 16.1(d) of the Local Rules, a Case Management Conference was 19 held on August 8, 2014. After consulting with the attorneys of record for the parties and 20 being advised of the status of the case, and good cause appearing, IT IS HEREBY 21 ORDERED: 22 23 24 25 26 1. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed by September 8, 2014. 2. The parties shall file a joint motion for a protective order and for an ESI protocol by September 8, 2014. 3. All fact discovery shall be completed by all parties by March 20, 2015. 27 "Completed" means that all discovery under Rules 30-36 of the Federal Rules of Civil 28 Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period 1 13cv2811 AJB (NLS) 1 of time in advance of the cut-off date, so that it may be completed by the cut-off date, 2 taking into account the times for service, notice and response as set forth in the Federal 3 Rules of Civil Procedure. Counsel shall promptly and in good faith meet and confer 4 with regard to all discovery disputes in compliance with Local Rule 26.1(a). The 5 Court expects counsel to make every effort to resolve all disputes without court 6 intervention through the meet and confer process. If the parties reach an impasse on any 7 discovery issue, counsel shall, within forty-five (45) days of the date upon which the 8 event giving rise to the dispute occurred, file a joint statement entitled, "Joint Motion for 9 Determination of Discovery Dispute" with the Court (see attached "Chambers' Rules" on 10 Discovery Disputes). A failure to comply in this regard will result in a waiver of a 11 party’s discovery issue. Absent an order of the court, no stipulation continuing or 12 altering this requirement will be recognized by the court. 13 4. The parties shall designate their respective experts in writing by April 3, 14 2015. The parties must identify any person who may be used at trial to present evidence 15 pursuant to Rules 702, 703 or 705 of the Fed. R. Evid. This requirement is not limited to 16 retained experts. The date for exchange of rebuttal experts shall be by April 17, 2015. 17 The written designations shall include the name, address and telephone number of the 18 expert and a reasonable summary of the testimony the expert is expected to provide. The 19 list shall also include the normal rates the expert charges for deposition and trial 20 testimony. 21 5. By May 18, 2015, each party shall comply with the disclosure provisions in 22 Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure 23 requirement applies to all persons retained or specially employed to provide expert 24 testimony, or whose duties as an employee of the party regularly involve the giving of 25 expert testimony. Except as provided in the paragraph below, any party that fails to 26 make these disclosures shall not, absent substantial justification, be permitted to use 27 evidence or testimony not disclosed at any hearing or at the time of trial. In 28 addition, the Court may impose sanctions as permitted by Fed. R. Civ. P. 37(c). 2 13cv2811 AJB (NLS) 1 2 3 6. Any party shall supplement its disclosure regarding contradictory or rebuttal evidence under Rule 26(a)(2)(D) by June 1, 2015. 7. All expert discovery shall be completed by all parties by July 17, 2015. The 4 parties shall comply with the same procedures set forth in the paragraph governing fact 5 discovery. 6 8. Failure to comply with this section or any other discovery order of the court 7 may result in the sanctions provided for in Federal Rule of Civil Procedure 37, including 8 a prohibition on the introduction of experts or other designated matters in evidence. 9 9. All other pretrial motions including those addressing Daubert issues must be 10 filed by August 17, 2015. Counsel for the moving party must obtain a motion hearing 11 date from the law clerk of the judge who will hear the motion. The period of time 12 between the date you request a motion date and the hearing date may vary from one 13 district judge to another. Please plan accordingly. Failure to make a timely request for a 14 motion date may result in the motion not being heard. Motions in limine are to be filed as 15 directed in the Local Rules, or as otherwise set by the district judge. 16 10. A Mandatory Settlement Conference shall be conducted on October 14, 17 2015 at 9:30 a.m. in the chambers of Magistrate Judge Nita L. Stormes. Counsel or any 18 party representing himself or herself shall submit confidential settlement briefs directly to 19 chambers by October 7, 2015. All parties are ordered to read and to fully comply 20 with the attached Chamber Rules. 21 22 23 11. The requirement to file a Memoranda of Contentions of Fact and Law and take any other action required by Local Rule 16.1(f)(2) is waived. 12. Counsel shall comply with the pre-trial disclosure requirements of Federal 24 Rule of Civil Procedure 26(a)(3) by December 1, 2015. Failure to comply with these 25 disclosure requirements could result in evidence preclusion or other sanctions under 26 Federal Rule of Civil Procedure 37. 27 28 13. Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by December 8, 2015. The parties shall meet and confer and prepare a proposed pretrial 3 13cv2811 AJB (NLS) 1 order containing the following: 1. 3 A joint neutral statement to be read to the jury, not in excess of one page, of the nature of the case and the claims and defenses. 2. 2 A list of the causes of action to be tried, referenced to the Complaint [and Counterclaim if applicable]. For each cause of action, the order shall succinctly list the elements of the claim, damages and any defenses. A cause of action in the Complaint [and/or Counterclaim] which is not listed shall be dismissed with prejudice. 4 5 6 3(a). A list of each witness counsel actually expect to call at trial with a brief statement, not exceeding four sentences, of the substance of the witnesses' testimony. 7 8 3(b). A list of each expert witness counsel actually expect to call at trial with a brief statement, not exceeding four sentences, of the substance of the witnesses' testimony. 9 10 3(c). A list of additional witnesses, including experts, counsel do not expect to call at this time but reserve the right to call at trial along with a brief statement, not exceeding four sentences, of the substance of the witnesses' testimony. 11 12 4(a). A list of all exhibits that counsel actually expect to offer at trial with a one-sentence description of the exhibit. 13 14 4(b). A list of all other exhibits that counsel do not expect to offer at this time but reserve the right to offer if necessary at trial with a onesentence description of the exhibit. 15 16 5. A statement of all facts to which the parties stipulate. This statement shall be on a separate page and will be read to and provided to the jury. 6. A list of all deposition transcripts by page and line, or videotape depositions by section, that will be offered at trial. 17 18 19 20 The Court encourages the parties to consult with the assigned magistrate judge to 21 work out any problems in preparation of the proposed pretrial order. The court will 22 entertain any questions concerning the conduct of the trial at the pretrial conference. 23 14. Counsel for plaintiff will be responsible for preparing the pretrial order and 24 arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By December 25 15, 2015, plaintiff's counsel must provide opposing counsel with the proposed pretrial 26 order for review and approval. Opposing counsel must communicate promptly with 27 plaintiff's attorney concerning any objections to form or content of the pretrial order, and 28 both parties shall attempt promptly to resolve their differences, if any, concerning the 4 13cv2811 AJB (NLS) 1 2 order. 15. The Proposed Final Pretrial Conference Order, including objections to any 3 other parties' Federal Rule 26(a)(3) Pretrial Disclosures shall be prepared, served and 4 lodged with the assigned district judge by December 22, 2015, and shall be in the form 5 prescribed in and comply with Local Rule 16.1(f)(6). 6 7 8 9 10 11 12 13 14 16. The final Pretrial Conference is scheduled on the calendar of Judge Battaglia on January 8, 2016 at 1:30 p.m. 17. The court directs the parties to review the chambers' rules for the assigned district judge and magistrate judge. 18. A post trial settlement conference before a magistrate judge may be held within 30 days of verdict in the case. 19. The dates and times set forth herein will not be modified except for good cause shown. 20. Briefs or memoranda in support of or in opposition to any pending motion 15 shall not exceed twenty-five (25) pages in length without leave of a district court judge. 16 No reply memorandum shall exceed ten (10) pages without leave of a district court judge. 17 Briefs and memoranda exceeding ten (10) pages in length shall have a table of contents 18 and a table of authorities cited. 19 20 21 22 21. Plaintiff's counsel shall serve a copy of this order on all parties that enter this case hereafter. IT IS SO ORDERED. DATED: August 8, 2014 23 24 25 Hon. Nita L. Stormes U.S. Magistrate Judge United States District Court 26 27 28 5 13cv2811 AJB (NLS) 1 2 CHAMBERS’ RULES FOR MAGISTRATE JUDGE NITA L. STORMES A. Discovery Disputes 3 If the parties have not resolved their dispute through the meet and confer process, counsel shall, within forty-five (45) days of the date upon which the event giving rise to the dispute occurred (see (2) below), file a joint statement entitled "Joint Motion for 5 Determination of Discovery Dispute" with the Court. 4 6 1. The joint statement is to include: (1) a declaration of compliance with the meet and confer requirement; (2) points and authorities (not to exceed 10 pages per side); and (3) a format in accordance with the "Sample Format" described below. 2. For oral discovery, the event giving rise to the discovery dispute is the receipt of the first copy of the transcript of the affected portion of the deposition. For written discovery, the event giving rise to the discovery dispute is the service of the initial response, not the date on which counsel reach an impasse in meet and confer efforts. 3. Any exhibits accompanying the joint statement shall also be filed. 4. Counsel shall not attach copies of any meet and confer correspondence to the joint statement. 7 8 9 10 11 12 13 14 The Court will either issue an order following the filing of the joint statement or will schedule a discovery conference or hearing. 15 Sample Format: Joint Motion for Determination Of Discovery Dispute 16 17 18 19 20 21 22 23 24 25 26 27 28 Request No. 1: Any and all documents referencing, describing or approving the Metropolitan Correctional Center as a treatment facility for inmate mental health treatment by the Nassau County local mental health director or other government official or agency. Response to Request No. 1: Objection. This request is overly broad, irrelevant, burdensome, vague and ambiguous and not limited in scope as to time. Plaintiff’s Reason to Compel Production: This request is directly relevant to the denial of Equal Protection for male inmates. Two women's jails have specifically qualified Psychiatric Units with certain license to give high quality care to specific inmates with mental deficiencies. Each women's psychiatric Unit has specialized professional psychiatric treatment staff (i.e., 24 hour psychiatric nurses full time, psychiatric care, psychological care, etc.). Men do not have comparable services. This request will document the discrepancy. Defendant’s Basis for Objections: This request is not relevant to the issues in the case. Plaintiff does not have a cause of action relating to the disparate psychiatric treatment of male and female inmates. Rather, the issue in this case is limited to the specific care that Plaintiff received. Should the Court find that the request is relevant, defendant request that it be limited to a specific time frame. B. Settlement Conference Procedures 1. Attendance: All parties, adjusters for insured defendants, and other representatives of a party having full and complete authority to enter into a binding settlement, and the principal attorneys responsible for the litigation, must be present and 6 13cv2811 AJB (NLS) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 legally and factually prepared to discuss settlement of the case. Full authority to settle means that the individuals at the settlement conference be authorized to fully explore settlement options and to agree at that time to any settlement terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989). The person needs to have "unfettered discretion and authority" to change the settlement position of a party. Pitman v. Brinker Int'l, Inc., 216 F.R.D. 481, 485-486 (D. Ariz. 2003). One of the purposes of requiring a person with unlimited settlement authority to attend the conference is that the person's view of the case may be altered during the face-to-face conference. Pitman, 216 F.R.D. at 486. Limited or sum certain authority is not adequate. Nick v. Morgan's Foods, Inc., 270 F.3d 590, 595-597 (8th Cir. 2001). Failure of any of the aforementioned to appear in person will result in the imposition of sanctions. Where settlement authority rests with a governing body, counsel shall propose special arrangements in advance for securing timely authority to settle. Requests to continue settlement conferences are rarely granted. The Court, however, will consider written joint motion or ex parte requests to continue a conference when extraordinary circumstances exist that make a continuance appropriate. In and of itself, having to travel a long distance to appear in person is not "extraordinary" to justify continuing the conference or excusing the personal attendance of a party. 2. Settlement Conference Briefs: All parties are required to lodge a confidential settlement brief before the Settlement Conference. Please refer to the Court's order for the due date for the brief. Settlement briefs should not exceed ten (10) pages in length, double spaced, exclusive of exhibits, if any. Copies of all documents that might enhance the productivity of negotiations (e.g., contracts, key correspondence or memos, reports of experts, photos, medical bills, wage loss statements, selected pages from deposition transcripts or responses to other discovery) should be attached as exhibits to the settlement briefs with significant portions highlighted for easy reference. Parties may also attach as exhibits helpful judicial opinions and information about the settlement or judgment value of comparable cases. Each brief shall set forth the following required confidential information: a. A brief analysis of the key issues involved in the litigation; b. A description of the strongest and weakest legal and factual points in the party's case; c. A description of the strongest and weakest legal and factual points in the opponent's case; d. The status of any settlement negotiations, including the last settlement proposal made by each party; and e. The settlement proposal that the party is willing to make in order to conclude the matter and spare the further expense of litigation. 18 19 20 21 22 23 Parties should hand deliver, mail, or electronically mail the original only of settlement briefs directly to chambers. If the submission exceeds 20 pages, a paper copy must be delivered or mailed to chambers. FAX briefs will not be accepted. Settlement briefs 25 are confidential and shall not be served on opposing parties nor shall they be filed. 24 26 27 Chambers of Magistrate Judge Nita L. Stormes 333 West Broadway, Suite 1210 San Diego, CA 92101 email: [efile_stormes@casd.uscourts.gov] 28 7 13cv2811 AJB (NLS)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?