Cheap Easy Online Traffic School et al v. Peter L. Huntting & Co., Inc. et al

Filing 42

ORDER Granting Joint Motion for Order Extending Current Scheduling Order Dates (ECF No. 41 ). Mandatory Settlement Conference reset for 6/22/2018 at 10:00 a.m. in the chambers of Magistrate Judge David H. Bartick. Proposed Pretrial Order due by 7/27/2018. Final Pretrial Conference reset for 8/3/2018 at 11:00 a.m. in Courtroom 14B before Judge William Q. Hayes. Signed by Magistrate Judge Louisa S Porter on 11/16/2017. (ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 16-cv-2644-WQH (DHB)

CHEAP EASY ONLINE TRAFFIC
SCHOOL, et al.,

ORDER GRANTING JOINT
MOTION FOR ORDER
EXTENDING CURRENT
SHEDULING ORDER DATES

Plaintiffs,
v.

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(ECF No. 41)

PETER L. HUNTTING & CO., INC., et
al.,
Defendants.

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On August 31, 2017, the parties filed a Joint Motion for Order Extending Current

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Scheduling Order Dates. (ECF No. 41.) Having conferred with Judge William Q. Hayes’

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chambers and good cause appearing, the Court hereby GRANTS the Joint Motion.

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Accordingly, the Scheduling Order is modified as follows:

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1.

All discovery shall be completed by all parties by February 16, 2018.

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“Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil

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Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of

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

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into account the times for service, notice and response as set forth in the Federal Rules of
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Civil Procedure. Counsel shall promptly and in good faith meet and confer with

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regard to all discovery disputes in compliance with Local Rule 26.1(a). The Court

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expects counsel to make every effort to resolve all disputes without court intervention

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through the meet and confer process. If the parties reach an impasse on any discovery

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issue, counsel shall file an appropriate joint motion within the time limit and according to

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the procedures outlined in Magistrate Judge David H. Bartick’s Civil Chambers Rules,

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which are posted on the Court’s website. A failure to comply in this regard will result

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in a 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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2.

Please be advised that failure to comply with any discovery order of the Court

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may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on

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the introduction of experts or other designated matters in evidence.

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3.

All pretrial motions must be filed by March 16, 2018. Counsel for the moving

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party must obtain a motion hearing date from the law clerk of the judge who will hear the

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motion. The period of time between the date you request a motion date and the hearing

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date may vary from one district judge to another. Please plan accordingly. Failure to make

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a timely request for a motion date may result in the motion not being heard. Motions in

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limine are to be filed as directed in the Local Rules, or as otherwise set by the district judge.

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4.

A Mandatory Settlement Conference shall be conducted on June 22, 2018 at

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10:00 a.m. in the chambers of Magistrate Judge David H. Bartick. Counsel shall submit

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settlement statements directly to Judge Bartick’s chambers by June 15, 2018.1 The parties

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may either submit confidential settlement statements or may exchange their settlement

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statements. Each party’s settlement statement shall set forth the party’s statement of the

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case, identify controlling legal issues, concisely set out issues of liability and damages, and

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Statements under 20 pages in length, including attachments and exhibits, shall
be e-mailed to chambers at [e-mail]. Statements exceeding 20
pages in length, including attachments and exhibits, must be delivered directly to chambers.
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shall set forth the party’s settlement position, including the last offer or demand made by

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that party, and a separate statement of the offer or demand the party is prepared to make at

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the settlement conference. The settlement conference briefs shall not be filed with the

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Clerk of the Court.

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All named parties, all counsel, and any other person(s) whose authority is

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required to negotiate and enter into settlement shall appear in person at the

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conference. The individual(s) present at the Mandatory Settlement Conference with

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settlement authority must have the unfettered discretion and authority on behalf of the party

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to: 1) fully explore all settlement options and to agree during the Mandatory Settlement

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Conference to any settlement terms acceptable to the party (G. Heileman Brewing Co., Inc.

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v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989)), 2) change the settlement position

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of a party during the course of the Mandatory Settlement Conference (Pitman v. Brinker

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Int’l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), and 3) negotiate a settlement without

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being restricted by any predetermined level of authority (Nick v. Morgan’s Foods, Inc.,

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270 F.3d 590, 596 (8th Cir. 2001)).

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Governmental entities may appear through litigation counsel only. As to all other

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parties, appearance by litigation counsel only is not acceptable. Retained outside corporate

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counsel shall not appear on behalf of a corporation as the party who has the authority to

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negotiate and enter into a settlement. The failure of any counsel, party or authorized

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person to appear at the Mandatory Settlement Conference as required shall be cause

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for the immediate imposition of sanctions. All conference discussions will be informal,

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off the record, privileged, and confidential.

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5.

Counsel shall comply with the pre-trial disclosure requirements of Fed. R.

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Civ. P. 26(a)(3) by July 6, 2018. Failure to comply with these disclosure requirements

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could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37.

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6.

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

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July 13, 2018. At this meeting, counsel shall discuss and attempt to enter into stipulations

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and agreements resulting in simplification of the triable issues. Counsel shall exchange
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copies and/or display all exhibits other than those to be used for impeachment. The exhibits

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shall be prepared in accordance with Local Rule 16.1(f)(4)(c). Counsel shall note any

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objections they have to any other parties’ Pretrial Disclosures under Fed. R. Civ. P.

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26(a)(3). Counsel shall cooperate in the preparation of the proposed pretrial conference

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order.

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7.

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(f). By July 20, 2018,

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Plaintiff’s counsel must provide opposing counsel with the proposed pretrial order for

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review and approval. Opposing counsel must communicate promptly with Plaintiff’s

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attorney concerning any objections to form or content of the pretrial order, and both parties

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shall attempt promptly to resolve their differences, if any, concerning the order.

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8.

The Proposed Final Pretrial Conference Order, including objections to any

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other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and

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lodged with the assigned district judge by July 27, 2018, and shall be in the form prescribed

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in and comply with Local Rule 16.1(f)(6).

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9.

The final Pretrial Conference is scheduled on the calendar of the Honorable

William Q. Hayes on August 3, 2018 at 11:00 a.m..
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The parties must review the chambers’ rules for the assigned district judge

and magistrate judge.
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A post-trial settlement conference before a magistrate judge may be held

within 30 days of verdict in the case.
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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 judge.

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

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and a table of authorities cited.
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14.

Plaintiff’s counsel shall serve a copy of this order on all parties that enter this

case hereafter.

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IT IS SO ORDERED.

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Dated: November 16, 2017

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_________________________
LOUISA S PORTER
United States Magistrate Judge

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