eMove, Inc. et al v. Hire a Helper LLC et al

Filing 112

ORDER: (1) Granting In Part and Denying In Part Plaintiffs' Motion to Amend; and (2) Issuing a Revised Amended Scheduling Order [ECF Nos. 43 , 61 , 74 , 90 , 110 ]. Signed by Magistrate Judge Jill L. Burkhardt on 3/12/2018. (jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 17-cv-00535-CAB-JLB

eMove, Inc., et al.,
Plaintiff,

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v.

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ORDER: (1) GRANTING IN PART
AND DENYING IN PART
PLAINTIFFS’ MOTION TO AMEND;
AND (2) ISSUING A REVISED
AMENDED SCHEDULING ORDER
[ECF Nos. 43, 61, 74, 90, 110]

Hire a Helper LLC, et al.,

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Defendant.

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Before the Court is Plaintiffs’ Ex Parte Motion to Amend the Scheduling Order (ECF

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No. 110) and Defendants’ opposition thereto (ECF No. 111). Having reviewed the papers,

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Plaintiffs’ motion is untimely, and Plaintiffs have not shown good cause or excusable

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neglect for the extensions they seek. See Johnson v. Mammoth Recreations, Inc., 975 F.2d

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604, 609-10 (9th Cir. 1992); J. Burkhardt Civ. Chambers R, § III.C. If discovery from

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Defendants was needed by or before the March 12, 2018 deadline for expert reports,

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Plaintiffs could have served the discovery requests at issue prior to February 13, 2018.

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Plaintiffs also could have filed a motion seeking an extension of the expert report deadline

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prior to March 8, 2018. Nor do Plaintiffs adequately establish that the requested discovery

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is relevant to, much less necessary for, the expert report. In addition, good cause to

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continue deadlines is not shown by Plaintiffs’ assertion that their lead trial counsel will be

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out of the county because this assertion is lacking the particulars that could support a

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finding of diligence (such as when these travel plans were made, or the purpose of these

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travel plans). Nevertheless, Plaintiffs’ Ex Parte Motion to Amend the Scheduling Order

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(ECF No. 110) is GRANTED IN PART AND DENIED IN PART in recognition of
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Defendants’ lack of opposition to certain modifications and to reflect the Court’s

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preference that lead trial counsel participate in pretrial proceedings, not for good cause

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shown.

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The Court issues the following revised amended scheduling order, which revises the

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operative scheduling orders in this case (ECF Nos. 61, 74, 90) only to the extent IT IS

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HEREBY ORDERED:

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1.

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

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all parties on or before March 13, 2018.1 The deadline to disclose any contradictory or

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rebuttal information remains as previously ordered (April 4, 2018).

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2.

The parties must comply with the pretrial disclosure requirements of Fed. R.

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Civ. P. 26(a)(3) no later than June 22, 2018. Please be advised that failure to comply

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with this section or any other discovery order of the Court may result in the sanctions

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provided for in Fed. R. Civ. P. 37, including a prohibition on the introduction of

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experts or other designated matters in evidence.

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3.

Counsel shall confer and take the action required by Local Rule 16.1.f.4.a on

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or before June 29, 2018. The parties shall meet and confer and prepare a proposed pretrial

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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.
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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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This deadline is extended by one day to reflect the length of time the motion was fully briefed before
the undersigned.
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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.
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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 judge to work out

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any problems in preparation of the proposed pretrial order. The court will entertain any

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questions concerning the conduct of the trial at the pretrial conference.

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4.

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

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pretrial order for review and approval and take any other action required by Local Rule

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16.1.f.6.a on or before July 6, 2018. Opposing counsel must communicate promptly with

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plaintiff’s attorney concerning any objections to form or content of the pretrial order, and

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

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5.

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

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on or before July 13, 2018, and shall be in the form prescribed in Local Rule 16.1.f.6.

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//

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//

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//

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//

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//

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//
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6.

The July 27, 2018 final Pretrial Conference before the Honorable Cathy

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Ann Bencivengo is VACATED and will be reset by separate order. The trial date remains

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as previously ordered. (See ECF No. 90.)

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IT IS SO ORDERED.
Dated: March 12, 2018

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