Chavez v. The United States of America, Commissary, Department of the Navy et al

Filing 19

Amended Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. Final Pretrial Conference re-set for 2/4/2019 at 10:30 AM before Judge Marilyn L. Huff. Mandatory Settlement Conference re-set for 10/31/2018 at 09:30 AM before Magistra te Judge Karen S. Crawford. Memorandum of Contentions of Fact and Law due by 1/7/2019. Proposed Pretrial Order due by 1/28/2019. ORDER Granting 17 Ex Parte Motion to Extend Fact Discovery Deadline. Signed by Magistrate Judge Karen S. Crawford on 11/22/2017. (jjg)

FILED

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Nmt 22 Z017

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MINERYA CHAVEZ,

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Case No.: 16cv2099-H(KSC)
Plaintiff,

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v.

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UNITED STATES OF AMERICA;
COMMISSARY, DEPARTMENT OF
THE NAVY; and MALU BARLETT,

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Defendants.

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AMENDED SCHEDULING ORDER
REGULATING DISCOVERY AND
OTHER PRE-TRIAL
PROCEEDINGS
ORDER GRANTING EXPARTE
MOTION TO EXTEND FACT
DISCOVERY DEADLINE

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Before the Court is defendant's Ex Parte Motion to Extend Fact Discovery to

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Conduct Cross Border Discovery and Continue Remaining Case Deadlines. [Doc. No.

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17.] Plaintiff has not opposed defendant's Ex Parte Motion. In the Ex Parte Motion,

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defendant seeks to extend the discovery deadline in the case for a period of seven (7)

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months in order to pursue key discovery in Mexico via a Letter of Request under the

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Hague Evidence Convention. Good cause appearing, IT IS HEREBY ORDERED:

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Defendant's unopposed Ex Parte Motion is GRANTED.

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2.

All fact discovery shall be completed by all parties on or before June 15,

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2018. "Completed" means that all discovery under Rules 30-36 of the Federal Rules of

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

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

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

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confer with regard to all discovery disputes in compliance with Local Rule 26.l(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. All discovery motions must be filed

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within 45 days of the service of an objection, answer, or response which become the

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subject of dispute, or the passage of a discovery due date without response or production,

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and only after counsel have met and conferred and have reached an impasse with regard

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to the particular issue. For oral discovery, the event giving rise to the dispute is the

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completion of the transcript of the affected portion of the deposition. In any case, the

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event giving rise to a discovery dispute is not the date on which counsel reach an impasse

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in meet and confer efforts. If the discovery dispute concerns written discovery requests,

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the parties shall submit a joint statement entitled, "Joint Motion for Determination of

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Discovery Dispute" with the Court. (For further information on resolving discovery

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disputes, see Judge Crawford's "Chambers' Rules" which are accessible via the Court's

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website at www.casd.uscourts.gov.) A failure to comply in this regard will result in a

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waiver of a party's discovery issue. Absent an order of the Court, no stipulation

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continuing or altering this requirement will be recognized by the Court.

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3.

The parties shall designate their respective experts in writing by Julv 16,

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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 on or before July 30,

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2018. The written designations shall include the name, address and telephone number of

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

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The list shall also include the normal rates the expert charges for deposition and trial

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testimony.
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1nrv?OQQ-H IK SC)

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4.

On or before August 31, 2018, each party shall comply with the disclosure

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provisions in Rule 26(a)(2)(B) and Rule 26(a)(2)(C) of the Federal Rules of Civil

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Procedure.

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Any party shall supplement its disclosure regarding contradictory or rebuttal

evidence under Rule 26(a)(2)(D) on or before September 14, 2018.

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6.

All expert discovery shall be completed by all parties on or before

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October 15, 2018. The parties shall comply with the same procedures set forth in the

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paragraph governing fact discovery.

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Please be advised that failure to comply with discovery deadlines or any

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other discovery order of the Court may result in the sanctions provided for in Federal

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Rule of Civil Procedure 37, including a prohibition on the introduction of experts or other

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designated matters in evidence.

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8.

A Mandatory Settlement Conference shall be conducted on October 31,

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2018 at 9:30 a.m. in the chambers of Magistrate Judge Karen S. Crawford, United States

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Courthouse, 333 West Broadway, Suite 1010, San Diego, California 92101. Counsel or

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any party representing himself or herself shall submit confidential settlement briefs

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directly to chambers no later than October 24, 2018. All parties are ordered to read and

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to fully comply with the settlement conference procedures set forth in Judge Crawford's

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Chambers Rules which are accessible via the Court's website at www.casd.uscourts.gov.

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All other pretrial motions must be filed so as to be heard on or before

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November 19, 2018. Counsel for the moving party must obtain a motion hearing date

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from the law clerk of the District Judge who will hear the motion. The period of time

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between the date you request a hearing for your motion and the hearing date set by the

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law clerk may vary from one District Judge to another. Please plan accordingly. Failure

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to make a timely request for a motion date may result in the motion not being heard.
10.

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Counsel shall file their Memoranda of Contentions of Fact and Law and take

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any other action required by Local Rule 16.1(£)(2) on or before Januarv 7, 2019.

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III
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16cv?OQQ-HIKSC1

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11.

Counsel shall comply with the pre-trial disclosure requirements of Federal

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Rule of Civil Procedure 26(a)(3) on or before January 7, 2019. Failure to comply with

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these disclosure requirements could result in evidence preclusion or other sanctions under

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Federal Rule of Civil Procedure 37.

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12.

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

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or before January 14, 2019. At this meeting, counsel shall discuss and attempt to enter

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

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

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impeachment. The exhibits shall be prepared in accordance with Local Rule

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16.1(±)(4)(c). Counsel shall note any objections they have to any other parties' Pretrial

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Disclosures under Federal Rules of Civil Procedure 26(a)(3). Counsel shall cooperate in

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the preparation of the proposed pretrial conference order.

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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(±). On or before

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Januarv 21, 2019, plaintiffs counsel must provide opposing counsel with the proposed

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

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with plaintiffs attorney concerning any objections to form or content of the pretrial order,

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

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order.

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14.

The Proposed Final Pretrial Conference Order, including objections to any

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other parties' Federal Rule 26(a)(3) Pretrial Disclosures shall be prepared, served and

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lodged with the assigned District Judge on or before January 28, 2019, and shall be in

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the form prescribed in and comply with Local Rule 16.1(±)(6).

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15.

The final Pretrial Conference is scheduled on the calendar of Judge Huff on

February 4, 2019 at 10:30 a.m.

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16.

A post trial settlement conference before a Magistrate Judge may be held

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within 30 days of verdict in the case.

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III
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17.

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

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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

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

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contents and a table of authorities cited.

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IT IS SO ORDERED.

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Dated: November 22, 2017

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Hon. Karen
United States Magistrate Judge

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