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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 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. 15 16 17 (ECF No. 41) PETER L. HUNTTING & CO., INC., et al., Defendants. 18 19 20 On August 31, 2017, the parties filed a Joint Motion for Order Extending Current 21 Scheduling Order Dates. (ECF No. 41.) Having conferred with Judge William Q. Hayes’ 22 chambers and good cause appearing, the Court hereby GRANTS the Joint Motion. 23 Accordingly, the Scheduling Order is modified as follows: 24 1. All discovery shall be completed by all parties by February 16, 2018. 25 “Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil 26 Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of 27 time in advance of the cut-off date, so that it may be completed by the cut-off date, taking 28 into account the times for service, notice and response as set forth in the Federal Rules of 1 16-cv-02644-WQH (DHB) 1 Civil Procedure. Counsel shall promptly and in good faith meet and confer with 2 regard to all discovery disputes in compliance with Local Rule 26.1(a). The Court 3 expects counsel to make every effort to resolve all disputes without court intervention 4 through the meet and confer process. If the parties reach an impasse on any discovery 5 issue, counsel shall file an appropriate joint motion within the time limit and according to 6 the procedures outlined in Magistrate Judge David H. Bartick’s Civil Chambers Rules, 7 which are posted on the Court’s website. A failure to comply in this regard will result 8 in a waiver of a party’s discovery issue. Absent an order of the Court, no stipulation 9 continuing or altering this requirement will be recognized by the Court. 10 2. Please be advised that failure to comply with any discovery order of the Court 11 may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on 12 the introduction of experts or other designated matters in evidence. 13 3. All pretrial motions must be filed by March 16, 2018. Counsel for the moving 14 party must obtain a motion hearing date from the law clerk of the judge who will hear the 15 motion. The period of time between the date you request a motion date and the hearing 16 date may vary from one district judge to another. Please plan accordingly. Failure to make 17 a timely request for a motion date may result in the motion not being heard. Motions in 18 limine are to be filed as directed in the Local Rules, or as otherwise set by the district judge. 19 4. A Mandatory Settlement Conference shall be conducted on June 22, 2018 at 20 10:00 a.m. in the chambers of Magistrate Judge David H. Bartick. Counsel shall submit 21 settlement statements directly to Judge Bartick’s chambers by June 15, 2018.1 The parties 22 may either submit confidential settlement statements or may exchange their settlement 23 statements. Each party’s settlement statement shall set forth the party’s statement of the 24 case, identify controlling legal issues, concisely set out issues of liability and damages, and 25 26 27 28                                                 1 Statements under 20 pages in length, including attachments and exhibits, shall be e-mailed to chambers at Statements exceeding 20 pages in length, including attachments and exhibits, must be delivered directly to chambers. 2 16-cv-02644-WQH (DHB) 1 shall set forth the party’s settlement position, including the last offer or demand made by 2 that party, and a separate statement of the offer or demand the party is prepared to make at 3 the settlement conference. The settlement conference briefs shall not be filed with the 4 Clerk of the Court. 5 All named parties, all counsel, and any other person(s) whose authority is 6 required to negotiate and enter into settlement shall appear in person at the 7 conference. The individual(s) present at the Mandatory Settlement Conference with 8 settlement authority must have the unfettered discretion and authority on behalf of the party 9 to: 1) fully explore all settlement options and to agree during the Mandatory Settlement 10 Conference to any settlement terms acceptable to the party (G. Heileman Brewing Co., Inc. 11 v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989)), 2) change the settlement position 12 of a party during the course of the Mandatory Settlement Conference (Pitman v. Brinker 13 Int’l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), and 3) negotiate a settlement without 14 being restricted by any predetermined level of authority (Nick v. Morgan’s Foods, Inc., 15 270 F.3d 590, 596 (8th Cir. 2001)). 16 Governmental entities may appear through litigation counsel only. As to all other 17 parties, appearance by litigation counsel only is not acceptable. Retained outside corporate 18 counsel shall not appear on behalf of a corporation as the party who has the authority to 19 negotiate and enter into a settlement. The failure of any counsel, party or authorized 20 person to appear at the Mandatory Settlement Conference as required shall be cause 21 for the immediate imposition of sanctions. All conference discussions will be informal, 22 off the record, privileged, and confidential. 23 5. Counsel shall comply with the pre-trial disclosure requirements of Fed. R. 24 Civ. P. 26(a)(3) by July 6, 2018. Failure to comply with these disclosure requirements 25 could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37. 26 6. Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by 27 July 13, 2018. At this meeting, counsel shall discuss and attempt to enter into stipulations 28 and agreements resulting in simplification of the triable issues. Counsel shall exchange 3 16-cv-02644-WQH (DHB) 1 copies and/or display all exhibits other than those to be used for impeachment. The exhibits 2 shall be prepared in accordance with Local Rule 16.1(f)(4)(c). Counsel shall note any 3 objections they have to any other parties’ Pretrial Disclosures under Fed. R. Civ. P. 4 26(a)(3). Counsel shall cooperate in the preparation of the proposed pretrial conference 5 order. 6 7. Counsel for Plaintiff will be responsible for preparing the pretrial order and 7 arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By July 20, 2018, 8 Plaintiff’s counsel must provide opposing counsel with the proposed pretrial order for 9 review and approval. Opposing counsel must communicate promptly with Plaintiff’s 10 attorney concerning any objections to form or content of the pretrial order, and both parties 11 shall attempt promptly to resolve their differences, if any, concerning the order. 12 8. The Proposed Final Pretrial Conference Order, including objections to any 13 other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and 14 lodged with the assigned district judge by July 27, 2018, and shall be in the form prescribed 15 in and comply with Local Rule 16.1(f)(6). 16 17 18 19 20 21 22 23 24 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.. 10. The parties must review the chambers’ rules for the assigned district judge and magistrate judge. 11. A post-trial settlement conference before a magistrate judge may be held within 30 days of verdict in the case. 12. The dates and times set forth herein will not be modified except for good cause shown. 13. Briefs or memoranda in support of or in opposition to any pending motion 25 shall not exceed twenty-five (25) pages in length without leave of a district court judge. 26 No reply memorandum shall exceed ten (10) pages without leave of a district court judge. 27 Briefs and memoranda exceeding ten (10) pages in length shall have a table of contents 28 and a table of authorities cited. 4 16-cv-02644-WQH (DHB) 1 2 14. Plaintiff’s counsel shall serve a copy of this order on all parties that enter this case hereafter. 3 IT IS SO ORDERED. 4 Dated: November 16, 2017 5 6 _________________________ LOUISA S PORTER United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 16-cv-02644-WQH (DHB)

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