XIFIN, Inc. v. D2 Health Management, LLC

Filing 23

Amended Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. Signed by Magistrate Judge Mitchell D. Dembin on 9/27/2017. (jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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XIFIN, INC.,

Case No.: 17cv15-CAB-MDD
Plaintiff,

AMENDED SCHEDULING
ORDER REGULATING
DISCOVERY
AND OTHER PRE-TRIAL
PROCEEDINGS

v.
D2 HEALTH MANAGEMENT,
LLC,

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Defendant.

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A Joint Motion for Modification of the Case Scheduling Order was filed

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September 15, 2017. (ECF No. 22). The Court finds good cause to grant the

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modification to the current scheduling order (ECF No. 18) as follows:
1.

All expert disclosures required by Fed. R. Civ. P. 26(a)(2) shall be

served on all parties on or before October 30, 2017. Any contradictory or
rebuttal disclosures within the meaning of Rule 26(a)(2)(D)(ii) shall be
disclosed on or before November 29, 2017. Unless otherwise stipulated by
the parties, the required expert disclosures shall include an expert report as

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required by Rule 26(a)(2)(B). If a written report is not required, the disclosure

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must provide the information required under Rule 26(a)(2)(C).
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2.

All discovery, including expert discovery, shall be completed by all

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parties by January 5, 2018.

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requests for production, and other discovery requests must be served at least

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thirty (30) days prior to the established cutoff date so that responses thereto

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will be due on or before the cutoff date. All subpoenas issued for discovery

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must be returnable on or before the discovery cutoff date.

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concerning discovery shall be brought to the attention of the Magistrate Judge

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no later than forty-five (45) days following the date upon which the event giving

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rise to the dispute occurred. Counsel are required to meet and confer regarding

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“Completed” means that interrogatories,

All disputes

all discovery disputes pursuant to the requirements of Local Rule 26.1(a).
Counsel are to comply with the chambers rules of the Magistrate Judge in
bringing discovery disputes before the court.
3.

All pre-trial motions, other than Daubert motions, motions to

amend or join parties, or motions in limine, shall be filed on or before
February 2, 2018. All Daubert motions shall be filed on or before February

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2, 2018. Counsel for the moving party shall set the motion date on the date

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that is 35 days from the date the motion is filed. Parties intending to file a

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motion shall not contact Judge Bencivengo’s chambers for a hearing date. The

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parties should review Judge Bencivengo’s chambers rules for civil cases for the

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additional requirements for noticed motions before Judge Bencivengo.

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Pursuant to Local Rule 7.1.f.3.c, if an opposing party fails to file

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opposition papers in the time and manner required by Local Rule

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7.1.e.2, that failure may constitute a consent to the granting of a

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motion or other request for ruling by the Court. Accordingly, all parties

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are ordered to abide by the terms of Local Rule 7.1.e.2 or otherwise face the

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prospect of any pretrial motion being granted as an unopposed motion

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pursuant to Local Rule 7.1.f.3.c.
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4.

A Mandatory Settlement Conference shall be conducted on

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December 13, 2017 at 9:30AM in the chambers of Magistrate Judge

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Mitchell D. Dembin.

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directly to chambers by December 6, 2017. All parties are ordered to read

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and to fully comply with the Chamber Rules of the assigned magistrate judge.

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5.

Counsel shall lodge confidential settlement briefs

The parties must comply with the pretrial disclosure requirements

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of Fed. R. Civ. P. 26(a)(3) no later than March 30, 2018. Please be advised

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that failure to comply with this section or any other discovery order

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of the Court may result in the sanctions provided for in Fed. R. Civ. P.

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37, including a prohibition on the introduction of experts or other
designated matters in evidence.
6.

In jury trial cases before the Honorable Cathy Ann Bencivengo,

neither party is required to file Memoranda of Contentions of Fact and Law
pursuant to Civil Local Rule 16.1.f.2.
7.

Counsel shall confer and take the action required by Local Rule

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16.1.f.4.a on or before April 6, 2018. The parties shall meet and confer and

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prepare a proposed pretrial order containing the following:

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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.
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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.

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The Court encourages the parties to consult with the assigned magistrate

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judge to work out any problems in preparation of the proposed pretrial order.

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The court will entertain any questions concerning the conduct of the trial at

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the pretrial conference.

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8.

Counsel for the Plaintiff(s) must provide opposing counsel with the

proposed pretrial order for review and approval and take any other action
required by Local Rule 16.1.f.6.a on or before April 13, 2018. Opposing counsel
must communicate promptly with plaintiff’s attorney concerning any
objections to form or content of the pretrial order, and both parties shall
attempt promptly to resolve their differences, if any, concerning the order.
9.

The proposed pretrial order shall be lodged with the district judge’s

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chambers on or before April 20, 2018, and shall be in the form prescribed in

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Local Rule 16.1.f.6.

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10.

The final Pretrial Conference is scheduled on the calendar of the
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Honorable Cathy Ann Bencivengo for April 27, 2018 at 2:00PM.
11.

The trial in this matter shall commence on Monday, May 29, 2018

at 8:45 a.m.
12.

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: September 27, 2017

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