Daimler AG v. A-Z Wheels LLC et al

Filing 130

Amended Scheduling Order Regulating Pre-Trial Proceedings [ECF No. 129 ]. A Memoranda of Contentions of Fact and Law is due by 6/24/2021. The Proposed Pretrial Order is due by 7/22/2021. The Final Pretrial Conference is set for 7/29/2021 at 1:30 PM in Courtroom 4D before Judge Janis L. Sammartino. Signed by Magistrate Judge Mitchell D. Dembin on 4/26/2021. (tcf)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 DAIMLER AG, a German corporation, v. AMENDED SCHEDULING ORDER REGULATING PRETRIAL PROCEEDINGS A-Z WHEELS, LLC d/b/a USARim.com, et al., [ECF No. 129] Plaintiff, Defendants. 17 18 19 20 21 22 23 24 25 26 27 Case No.: 16cv0875-JLS-MDD The parties filed a joint motion to continue all remaining dates in the Court’s Scheduling Order Regulating Pre-Trial Proceedings. (ECF No. 129). Upon due consideration and good cause appearing, the Court GRANTS the joint motion. IT IS HEREBY ORDERED: 1. Counsel shall file their Memoranda of Contentions of Fact and Law and take any other action required by Local Rule 16.1(f)(2) by June 24, 2021. 2. Counsel shall comply with the pre-trial disclosure requirements of Fed. R. Civ. P. 26(a)(3) by July 1, 2021. Failure to comply with these disclosure requirements could result in evidence preclusion or other sanctions 1 16cv0875-JLS-MDD 1 2 under Fed. R. Civ. P. 37. 3. Counsel shall meet and take the action required by Local Rule 3 16.1(f)(4) by July 8, 2021. At this meeting, counsel shall discuss and attempt 4 to enter into stipulations and agreements resulting in simplification of the 5 triable issues. Counsel shall exchange copies and/or display all exhibits other 6 than those to be used for impeachment. The exhibits shall be prepared in 7 accordance with Local Rule 16.1(f)(4)(c). Counsel shall note any objections 8 they have to any other parties’ Pretrial Disclosures under Fed. R. Civ. P. 9 26(a)(3). Counsel shall cooperate in the preparation of the proposed pretrial 10 11 conference order. 4. Counsel for plaintiff will be responsible for preparing the pretrial 12 order and arranging the meetings of counsel pursuant to Civil Local Rule 13 16.1(f). By July 15, 2021, plaintiff’s counsel must provide opposing counsel 14 with the proposed pretrial order for review and approval. Opposing counsel 15 must communicate promptly with plaintiff’s attorney concerning any 16 objections to form or content of the pretrial order, and both parties shall 17 attempt promptly to resolve their differences, if any, concerning the order. 18 5. The Proposed Final Pretrial Conference Order, including 19 objections to any other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures 20 shall be prepared, served and lodged with the assigned district judge by July 21 22, 2021, and shall be in the form prescribed in and comply with Local Rule 22 16.1(f)(6). 23 24 25 26 27 6. The final Pretrial Conference is scheduled on the calendar of the Honorable Janis L. Sammartino on July 29, 2021 at 1:30PM. 7. The parties must review the chambers’ rules for the assigned district judge and magistrate judge. 8. A post trial settlement conference before a magistrate judge may 2 16cv0875-JLS-MDD 1 be held within 30 days of verdict in the case. 2 3 9. The dates and times set forth herein will not be modified except for good cause shown. 4 10. Briefs or memoranda in support of or in opposition to any pending 5 motion shall not exceed twenty-five (25) pages in length without leave of a 6 district court judge. No reply memorandum shall exceed ten (10) pages 7 without leave of a district court judge. Briefs and memoranda exceeding ten 8 (10) pages in length shall have a table of contents and a table of authorities 9 cited. 10 11 12 13 11. Plaintiff’s counsel shall serve a copy of this order on all parties that enter this case hereafter. IT IS SO ORDERED. Dated: April 26, 2021 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 16cv0875-JLS-MDD

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