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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 XIFIN, INC., Case No.: 17cv15-CAB-MDD Plaintiff, AMENDED SCHEDULING ORDER REGULATING DISCOVERY AND OTHER PRE-TRIAL PROCEEDINGS v. D2 HEALTH MANAGEMENT, LLC, 16 Defendant. 17 18 A Joint Motion for Modification of the Case Scheduling Order was filed 19 September 15, 2017. (ECF No. 22). The Court finds good cause to grant the 20 21 22 23 24 25 26 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 27 required by Rule 26(a)(2)(B). If a written report is not required, the disclosure 28 must provide the information required under Rule 26(a)(2)(C). 1 17cv15-CAB-MDD 1 2. All discovery, including expert discovery, shall be completed by all 2 parties by January 5, 2018. 3 requests for production, and other discovery requests must be served at least 4 thirty (30) days prior to the established cutoff date so that responses thereto 5 will be due on or before the cutoff date. All subpoenas issued for discovery 6 must be returnable on or before the discovery cutoff date. 7 concerning discovery shall be brought to the attention of the Magistrate Judge 8 no later than forty-five (45) days following the date upon which the event giving 9 rise to the dispute occurred. Counsel are required to meet and confer regarding 10 11 12 13 14 15 16 “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 17 2, 2018. Counsel for the moving party shall set the motion date on the date 18 that is 35 days from the date the motion is filed. Parties intending to file a 19 motion shall not contact Judge Bencivengo’s chambers for a hearing date. The 20 parties should review Judge Bencivengo’s chambers rules for civil cases for the 21 additional requirements for noticed motions before Judge Bencivengo. 22 Pursuant to Local Rule 7.1.f.3.c, if an opposing party fails to file 23 opposition papers in the time and manner required by Local Rule 24 7.1.e.2, that failure may constitute a consent to the granting of a 25 motion or other request for ruling by the Court. Accordingly, all parties 26 are ordered to abide by the terms of Local Rule 7.1.e.2 or otherwise face the 27 prospect of any pretrial motion being granted as an unopposed motion 28 pursuant to Local Rule 7.1.f.3.c. 2 17cv15-CAB-MDD 1 4. A Mandatory Settlement Conference shall be conducted on 2 December 13, 2017 at 9:30AM in the chambers of Magistrate Judge 3 Mitchell D. Dembin. 4 directly to chambers by December 6, 2017. All parties are ordered to read 5 and to fully comply with the Chamber Rules of the assigned magistrate judge. 6 5. Counsel shall lodge confidential settlement briefs The parties must comply with the pretrial disclosure requirements 7 of Fed. R. Civ. P. 26(a)(3) no later than March 30, 2018. Please be advised 8 that failure to comply with this section or any other discovery order 9 of the Court may result in the sanctions provided for in Fed. R. Civ. P. 10 11 12 13 14 15 16 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 17 16.1.f.4.a on or before April 6, 2018. The parties shall meet and confer and 18 prepare a proposed pretrial order containing the following: 19 20 21 22 23 24 25 26 27 28 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 17cv15-CAB-MDD 13 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. 14 The Court encourages the parties to consult with the assigned magistrate 15 judge to work out any problems in preparation of the proposed pretrial order. 16 The court will entertain any questions concerning the conduct of the trial at 17 the pretrial conference. 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 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 26 chambers on or before April 20, 2018, and shall be in the form prescribed in 27 Local Rule 16.1.f.6. 28 10. The final Pretrial Conference is scheduled on the calendar of the 4 17cv15-CAB-MDD 1 2 3 4 5 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. 6 IT IS SO ORDERED. 7 Dated: September 27, 2017 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 17cv15-CAB-MDD

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