California Lacrosse, Inc. v. Lacrosse Unlimited, Inc.

Filing 36

ORDER: (1) Granting In Part Joint Motion to Continue Case Management Dates and Deadlines [ECF No. 35 ]; (2) Amending Scheduling Order [ECF No. 18 ]. Signed by Magistrate Judge Jill L. Burkhardt on 4/7/2017. (jjg)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 California Lacrosse, Inc., Case No.: 16-cv-02111-CAB-JLB ORDER: (1) GRANTING IN PART JOINT MOTION TO CONTINUE CASE MANAGEMENT DATES AND DEADLINES [ECF No. 35]; (2) AMENDING SCHEDULING ORDER [ECF No. 18] Plaintiff, 11 12 v. 13 Lacrosse Unlimited, Inc., Defendant. 14 15 16 17 18 19 20 21 22 23 24 AND RELATED COUNTER ACTION. Before the Court is the parties’ Joint Motion to Continue Case Management Dates and Deadlines. (ECF No. 35.) The parties seek a 45-day extension of the remaining dates and deadlines set forth in the operative scheduling order. (Id. at 2.) For good cause shown, the Joint Motion is GRANTED in part.1 Accordingly, the Scheduling Order issued in this case (ECF No. 18) is amended as follows: 1. All discovery, including expert discovery, shall be completed by all parties by June 5, 2017. “Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil Procedure, and discovery subpoenas under Rule 45, must be initiated a 25 26 27 28 The parties’ Joint Motion is granted in part to the extent that the deadlines to identify all experts and exchange all expert reports and the date for the mandatory settlement conference set forth in this Order differ from those proposed by the parties in the Joint Motion. 1 1 16-cv-02111-CAB-JLB 1 sufficient period of time in advance of the cut-off date, so that it may be completed by 2 the cut-off date, taking into account the times for service, notice and response as set forth 3 in the Federal Rules of Civil Procedure. Counsel shall promptly and in good faith meet 4 and confer with regard to all discovery disputes in compliance with Local Rule 5 26.1(a). The Court expects counsel to make every effort to resolve all disputes without 6 court intervention through the meet and confer process. If the parties reach an impasse 7 on any discovery issue, counsel shall file an appropriate motion within the time limit and 8 procedures outlined in the undersigned magistrate judge’s chambers rules. A failure to 9 comply in this regard will result in a waiver of a party’s discovery issue. Absent an 10 order of the court, no stipulation continuing or altering this requirement will be 11 recognized by the court. 12 Discovery motions must be filed in the time and manner directed by Magistrate 13 Judge Burkhardt (see Judge Burkhardt’s Civil Chambers Rules on Discovery Disputes 14 available on the Court’s website). All discovery motions must be filed within 30 days of 15 the service of an objection, answer, or response which becomes the subject of dispute, or 16 the passage of a discovery due date without response or production, and only after counsel 17 have met and conferred to resolve the dispute and requested an informal teleconference 18 with the Court. 19 2. The parties shall designate their respective experts in writing by May 1, 2017. 20 The parties must identify any person who may be used at trial to present evidence pursuant 21 to Rules 702, 703 or 705 of the Fed. R. Evid. This requirement is not limited to retained 22 experts. The date for exchange of rebuttal experts shall be by May 19, 2017. The written 23 designations shall include the name, address and telephone number of the expert and a 24 reasonable summary of the testimony the expert is expected to provide. The list shall also 25 include the normal rates the expert charges for deposition and trial testimony. 26 3. By May 1, 2017, each party shall comply with the disclosure provisions in 27 Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure 28 requirement applies to all persons retained or specially employed to provide expert 2 16-cv-02111-CAB-JLB 1 testimony, or whose duties as an employee of the party regularly involve the giving of 2 expert testimony. Except as provided in the paragraph below, any party that fails to 3 make these disclosures shall not, absent substantial justification, be permitted to use 4 evidence or testimony not disclosed at any hearing or at the time of trial. In addition, 5 the Court may impose sanctions as permitted by Fed. R. Civ. P. 37(c). 6 7 8 9 10 11 4. Any party shall supplement its disclosure regarding contradictory or rebuttal evidence under Fed. R. Civ. P. 26(a)(2)(D) by May 19, 2017. 5. Failure to comply with this section or any other discovery order of the court may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on the introduction of experts or other designated matters in evidence. 6. All other pretrial motions including those addressing Daubert issues must be 12 filed by July 3, 2017. Counsel for the moving party must obtain a motion hearing date 13 from Judge Bencivengo’s law clerk. Failure to make a timely request for a motion date 14 may result in the motion not being heard. No oral argument will be scheduled unless 15 ordered by the Court. Opposition briefs must be filed no later than fourteen days after the 16 motion was filed, and any reply briefs must be filed no later than seven days after the 17 opposition briefs. A schedule for motions in limine will be set at the final pretrial 18 conference. 19 7. A Mandatory Settlement Conference shall be conducted on June 15, 2017, 20 at 1:45 PM in the chambers of Magistrate Judge Jill L. Burkhardt. Counsel or any party 21 representing himself or herself shall submit confidential settlement briefs directly to 22 chambers by June 5, 2017. All parties are ordered to read and to fully comply with the 23 Chamber Rules of the assigned magistrate judge. 24 The confidential settlement statements should be lodged by e-mail to 25 Each party’s settlement statement shall concisely set 26 forth the following: (1) the party’s statement of the case; (2) the controlling legal issues; 27 (3) issues of liability and damages; (4) the party’s settlement position, including the last 28 offer or demand made by that party; (5) a separate statement of the offer or demand the 3 16-cv-02111-CAB-JLB 1 party is prepared to make at the settlement conference; and (6) a list of all attorney and 2 non-attorney attendees for the Conference, including person(s) and their title(s) or 3 position(s) with the party who will attend and have settlement authority at the conference. 4 If exhibits are attached and the total submission amounts to more than 20 pages, a hard 5 copy must also be delivered directly to Magistrate Judge Burkhardt’s chambers. 6 Settlement conference statements shall not be filed with the Clerk of the Court. 7 Settlement conference statements may be exchanged confidentially with opposing 8 counsel within the parties’ discretion. 9 Pursuant to Local Civil Rule 16.3, all party representatives and claims adjusters for 10 insured defendants with full and unlimited authority2 to negotiate and enter into a binding 11 settlement, as well as the principal attorney(s) responsible for the litigation, must be 12 present and legally and factually prepared to discuss and resolve the case at the mandatory 13 settlement conference. In the case of a corporate entity, an authorized representative of 14 the corporation who is not retained outside counsel must be present and must have 15 discretionary authority to commit the company to pay an amount up to the amount of the 16 Plaintiff's prayer (excluding punitive damages prayers). The purpose of this requirement 17 is to have representatives present who can settle the case during the course of the 18 conference without consulting a superior. 19 Failure to attend the conference or obtain proper excuse will be considered grounds 20 for sanctions. 21 8. 22 In jury trial cases before Judge Bencivengo, neither party is required to file Memoranda of Contentions of Fact and Law. 23 24 25 26 27 28 “Full authority to settle” means that the individuals at the settlement conference must 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 (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, 485-86 (D. Ariz. 2003). The purpose of requiring a person with unlimited settlement authority to attend the conference includes that the person’s view of the case may be altered during the face to face conference. Id. at 486. A limited or a sum certain of authority is not adequate. Nick v. Morgan’s Foods, Inc., 270 F.3d 590 (8th Cir. 2001). 2 4 16-cv-02111-CAB-JLB 1 9. Counsel shall comply with the pre-trial disclosure requirements of Fed. R. 2 Civ. P. 26(a)(3) by August 25, 2017. Failure to comply with these disclosure requirements 3 could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37. 4 10. Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by 5 September 1, 2017. The parties shall meet and confer and prepare a proposed pretrial 6 order containing the following: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. 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. 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. 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. 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. 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. 4(a). A list of all exhibits that counsel actually expect to offer at trial with a one-sentence description of the exhibit. All exhibits are to be identified numerically, plaintiff starting with “1” and defendant beginning with an agreed upon numerical designation. 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 one-sentence description of the exhibit. 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. 7. Counsel will note any objections they have to any other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures. 27 28 5 16-cv-02111-CAB-JLB 1 The Court encourages the parties to consult with the assigned magistrate judge to 2 work out any problems in preparation of the proposed pretrial order. The court will 3 entertain any questions concerning the conduct of the trial at the pretrial conference. 4 11. Counsel for plaintiff will be responsible for preparing the pretrial order and 5 arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By September 8, 6 2017, plaintiff’s counsel must provide opposing counsel with the proposed pretrial order 7 for review and approval. Opposing counsel must communicate promptly with plaintiff’s 8 attorney concerning any objections to form or content of the pretrial order, and both parties 9 shall attempt promptly to resolve their differences, if any, concerning the order. 10 12. The Proposed Final Pretrial Conference Order, including objections to any 11 other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and 12 lodged with the assigned district judge by September 15, 2017, and shall be in the form 13 prescribed in and comply with Local Rule 16.1(f)(6). 14 15 13. Cathy Ann Bencivengo on September 22, 2017, at 2:00 PM. 16 17 14. The parties must review the chambers’ rules for the assigned district judge and magistrate judge. 18 19 The final Pretrial Conference is scheduled on the calendar of the Honorable 15. A post trial settlement conference before a magistrate judge may be held within 30 days of verdict in the case. 20 16. The dates and times set forth herein will not be modified except for good 21 cause shown. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 6 16-cv-02111-CAB-JLB 1 17. Briefs or memoranda in support of or in opposition to any pending motion 2 shall not exceed twenty-five (25) pages in length without leave of a district court judge. 3 No reply memorandum shall exceed ten (10) pages without leave of a district court judge. 4 Briefs and memoranda exceeding ten (10) pages in length shall have a table of contents 5 and a table of authorities cited. 6 7 8 9 18. Plaintiff’s counsel shall serve a copy of this order on all parties that enter this case hereafter. IT IS SO ORDERED. Dated: April 7, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 16-cv-02111-CAB-JLB

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