Jump San Diego, LLC v. Kruger et al

Filing 32

ORDER: (1) Denying Joint Motion to Continue Early Neutral Evaluation Conference [ECF No. 31 ] (2) Finding Early Neutral Evaluation Conference Inappropriate and (3) Resetting Telephonic Case Management Conference. Signed by Magistrate Judge Barbara Lynn Major on 4/7/2017. (jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JUMP SAN DIEGO,

Case No.: 14cv1533-CAB (BLM)
Plaintiff,

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ORDER:

v.
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JANAY KRUGER, et al.,

(1) DENYING JOINT MOTION TO
CONTINUE EARLY NEUTRAL
EVALUATION CONFERENCE
[ECF No. 31]

Defendants.

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(2) FINDING EARLY NEUTRAL
EVALUATION CONFERENCE
INAPPROPRIATE

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AND

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(3) RESETTING TELEPHONIC CASE
MANAGEMENT CONFERENCE

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On April 6, 2017, the parties filed a joint motion asking the Court to continue the Early

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Neutral Evaluation Conference (“ENE”) set for May 8, 2017 and related deadlines. ECF No. 31.

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In support, the parties state that both attorneys representing Defendant Kruger will participate
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in a civil trial in Orange County, which is scheduled to commence on May 1, 2017, and is

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expected to last two weeks. Id. at 2; see also id. at 4, Declaration of Oliver B. Dreger (“Dreger

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Decl.”). The parties state that the attorneys would not be able to participate in the ENE, and

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ask the Court to continue the ENE and all related deadlines for three weeks. Id. at 2.

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Due to defense counsel’s scheduling conflict, the Court finds it inappropriate to convene

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an ENE at this time. See CivLR 16.1(c)(1) (explaining that “[t]he judicial officer will hold such

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conferences as he or she deems appropriate”). Instead, the Court issues the following orders:

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The Court will hold a telephonic, attorneys-only Case Management Conference on

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April 28, 2017 at 1:30 p.m. In preparation for this conference, the parties must

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a.

Meet and confer pursuant to Fed. R. Civ. P. 26(f) no later than April 17,

b.

File a Joint Discovery Plan on the CM/ECF system no later than April 21,

2017.

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2017. Agreements made in the Joint Discovery Plan will be treated as binding stipulations that

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are effectively incorporated into the Court’s Case Management Order. The Joint Discovery Plan

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must be one document and must address each item identified in Fed. R. Civ. P. 26(f)(3). In

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addition, the discovery plan must include:

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i.

Service: A statement as to whether any parties remain to be served

and, if so, a proposed deadline for service;

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ii.

Amendment of Pleadings: The extent to which parties, claims, or

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defenses are expected to be added or dismissed and a proposed deadline for amending the

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pleadings;

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iii.

Protective Order: Whether a protective order is contemplated to

cover the exchange of confidential information and, if so, the date by which the proposed order
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14cv1533-CAB (BLM)

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will be submitted to the Court;
iv.

Privilege: The procedure the parties plan to use regarding claims

of privilege and whether an order pursuant to Fed. R. Evid. 502 will be sought;
v.

Evidence Preservation: Whether the parties have discussed issues

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related to the preservation of relevant evidence and if there are areas of disagreement, how the

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parties are resolving them;

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vi.

Electronic Discovery: In addition to the requirements set forth in

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Fed. R. Civ. P. 26(f)(3)(C), the parties must describe their agreements regarding methodologies

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for locating and producing electronically stored information and the production of metadata, and

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must identify any issues or agreements regarding electronically stored information that may not

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be reasonably accessible (see Fed. R. Civ. P. 26(b)(2)(B));

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vii.

Discovery: In addition to the requirements of Fed. R. Civ. P.

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26(f)(3)(B), the parties must describe the discovery taken to date (if any), any proposed

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limitations or modifications of the discovery rules, and any identified discovery disputes;

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viii.

Related Cases: Any related cases or proceedings pending before

another judge of this court, or before another court or administrative body;
ix.

Scheduling: Proposed dates for fact discovery cutoff, expert

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designations and disclosures, expert discovery cutoff, filing of dispositive motions, filing class

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certification motion (if class is alleged), pretrial conference and trial;

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x.

Professional Conduct: Whether all attorneys of record for the

parties have reviewed Civil Local Rule 83.4 on Professionalism; and
xi.

Miscellaneous: Such other matters as may facilitate the just,

speedy and inexpensive disposition of this matter.
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c.

The parties’ deadline to exchange initial disclosures pursuant to Rule

26(a)(1)(A-D) remains unchanged and is set for May 1, 2017.
IT IS SO ORDERED.
Dated: 4/7/2017

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