Aylward v. SelectHealth, Inc et al

Filing 38

Amended Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. (ECF No. 37 ) Final Pretrial Conference set for 1/31/2020 11:00 AM before Judge William Q. Hayes. Mandatory Settlement Conference set for 9/26/2019 09:30 AM before Magistrate Judge Mitchell D. Dembin. Proposed Pretrial Order due by 1/24/2020. Signed by Magistrate Judge Mitchell D. Dembin on 7/17/2019. (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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NAOMI J. AYLWARD, individually and
as personal representative for the Estate of
Philip Aylward,

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Plaintiff,

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v.

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SELECTHEALTH INC. a Utah
corporation doing business as
Selecthealth, Inc., et al.,

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Case No.: 18cv0494-WQH-MDD
AMENDED SCHEDULING
ORDER REGULATING
DISCOVERY
AND OTHER PRE-TRIAL
PROCEEDINGS
[ECF 37]

Defendants.

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The parties have moved to extend the time to complete discovery. (ECF

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No. 37). The Court finds good cause to extend the remaining dates.

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Accordingly, IT IS HEREBY ORDERED:

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1.

Contradictory or rebuttal disclosures within the meaning of Rule

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26(a)(2)(D)(ii) shall be disclosed on or before July 19, 2019. Unless otherwise

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stipulated by the parties, the required expert disclosures shall include an

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expert report as required by Rule 26(a)(2)(B). If a written report is not

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required, the disclosure must provide the information required under Rule

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26(a)(2)(C).

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2.

Except as provided in the paragraph below, any party

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that fails to make these disclosures shall not, absent substantial

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justification, be permitted to use evidence or testimony not disclosed

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at any hearing or at the time of trial. In addition, the Court may

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impose sanctions as permitted by Fed. R. Civ. P. 37(c).

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3.

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

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parties by September 6, 2019. Completed means that interrogatories,

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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. All disputes

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concerning discovery shall be brought to the attention of the Magistrate

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Judge no later than thirty (30) days following the date upon which the event

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giving rise to the dispute occurred. The parties are required to meet and

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confer regarding all discovery disputes pursuant to the requirements of Local

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Rule 26.1(a). The parties are to comply with the chambers rules of the

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Magistrate Judge in bringing discovery before the court.

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4.

Failure to comply with this section or any other discovery order of

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the court may result in the sanctions provided for in Fed. R. Civ. P. 37,

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including a prohibition on the introduction of experts or other designated

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matters in evidence.

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5.

All other pretrial motions must be filed by October 11, 2019.

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Counsel for the moving party must obtain a motion hearing date from the law

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clerk of the judge who will hear the motion. The period of time between the

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date you request a motion date and the hearing date may vary from one

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district judge to another. Please plan accordingly. Failure to make a timely

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18cv0494-WQH-MDD

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

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

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the district judge.

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6.

A Mandatory Settlement Conference shall be conducted on

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September 26, 2019 at 9:30AM in the chambers of Magistrate Judge

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Mitchell D. Dembin. Counsel or any party representing himself or herself

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shall submit confidential settlement briefs directly to chambers by

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September 18, 2019. All parties are ordered to read and to fully comply

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with the Chamber Rules of the assigned magistrate judge.

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7.

In jury trial cases before Judge Hayes, neither party is required to

file Memoranda of Contentions of Fact and Law.
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Counsel shall comply with the pre-trial disclosure requirements of

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Fed. R. Civ. P. 26(a)(3) by January 3, 2020. Failure to comply with these

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disclosure requirements could result in evidence preclusion or other sanctions

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under Fed. R. Civ. P. 37.

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9.

Counsel shall meet and take the action required by Local Rule

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16.1(f)(4) by January 10, 2020. At this meeting, counsel shall discuss and

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attempt to enter into stipulations and agreements resulting in simplification

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of the triable issues. Counsel shall exchange copies and/or display all exhibits

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other than those to be used for impeachment. The exhibits shall be prepared

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

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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

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conference order.

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10.

Counsel for plaintiff will be responsible for preparing the pretrial

order and arranging the meetings of counsel pursuant to Civil Local Rule

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18cv0494-WQH-MDD

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16.1(f). By January 17, 2020, plaintiff’s counsel must provide opposing

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counsel with the proposed pretrial order for review and approval. Opposing

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counsel must communicate promptly with plaintiff’s attorney concerning any

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objections to form or content of the pretrial order, and both parties shall

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

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11.

The Proposed Final Pretrial Conference Order, including

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objections to any other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures

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shall be prepared, served and lodged with the assigned district judge by

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January 24, 2020, and shall be in the form prescribed in and comply with

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Local Rule 16.1(f)(6).

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12.

Honorable William Q. Hayes on January 31, 2020 at 11:00AM.

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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 parties must review the chambers’ rules for the assigned

district judge and magistrate judge.

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The final Pretrial Conference is scheduled on the calendar of the

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The dates and times set forth herein will not be modified except

for good cause shown.

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16.

Briefs or memoranda in support of or in opposition to any pending

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motion shall not exceed twenty-five (25) pages in length without leave of a

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district court judge. No reply memorandum shall exceed ten (10) pages

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without leave of a district court judge. Briefs and memoranda exceeding ten

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(10) pages in length shall have a table of contents and a table of authorities

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cited.

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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: July 17, 2019

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