Sharp Memorial Hospital et al v. Medi-Excel, S.A. De C.V. et al

Filing 31

Order Granting Joint Motion To Amend Scheduling Order [ECF No. 30 ]. Signed by Magistrate Judge Jill L. Burkhardt on 03/07/2025. (stn)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SHARP MEMORIAL HOSPITAL, et al.,

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Plaintiffs,

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v.

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MEDI-EXCEL, S.A. DE C.V.,
Defendant.

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Case No.: 24-cv-00511-WQH-JLB
ORDER GRANTING JOINT MOTION
TO AMEND SCHEDULING ORDER
[ECF No. 30]

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Before the Court is a Joint Motion to Amend Scheduling Order. (ECF No. 30.)

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Good cause appearing, the Joint Motion is GRANTED, and the Scheduling Order (ECF

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No. 17) is modified as follows:

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1.

All fact discovery, including all non-expert depositions, shall be completed

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by all parties by 4/29/2025. “Completed” means that all discovery under Rules 30–36 of

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the Federal Rules of Civil Procedure, and discovery subpoenas under Rule 45, must be

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initiated a sufficient period of time in advance of the cut-off date, so that it may be

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completed by the cut-off date, taking into account the times for service, notice and

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response as set forth in the Federal Rules of Civil Procedure.
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Counsel shall promptly and in good faith meet and confer with regard to all

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discovery disputes in compliance with Civil Local Rule 26.1.a. The Court expects

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counsel to make every effort to resolve all disputes without court intervention through the

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meet and confer process. Discovery disputes must be brought to the Court’s attention in

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the time and manner required by § V of Judge Burkhardt’s Civil Chambers Rules. All

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discovery disputes must be raised within 30 calendar days of the service of an

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objection, answer, or response that becomes the subject of dispute, or the passage of a

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discovery due date without response or production, and only after counsel (and any

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unrepresented parties) have met and conferred to resolve the dispute. See J. Burkhardt Civ.

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Chambers R. § V. A failure to comply in this regard will result in a waiver of a party’s

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discovery issue. Absent an order of the court, no stipulation continuing or altering

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this requirement will be recognized by the court.

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2.

The parties shall designate their respective experts in writing by 5/1/2025.

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The parties must identify any person who may be used at trial to present evidence pursuant

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to Rules 702, 703 or 705 of the Fed. R. Evid. This requirement is not limited to retained

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experts. The date for exchange of rebuttal experts shall be by 5/15/2025. The written

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designations shall include the name, address and telephone number of the expert and a

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reasonable summary of the testimony the expert is expected to provide. The list shall also

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include the normal rates the expert charges for deposition and trial testimony.

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3.

By 6/11/2025, each party shall comply with the disclosure provisions in Rule

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26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure requirement

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applies to all persons retained or specially employed to provide expert testimony, or whose

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duties as an employee of the party regularly involve the giving of expert testimony. Except

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as provided in the paragraph below, any party that fails to make these disclosures

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shall not, absent substantial justification, be permitted to use evidence or testimony

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not disclosed at any hearing or at the time of trial. In addition, the Court may impose

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

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4.

Any party shall supplement its disclosure regarding contradictory or rebuttal

evidence under Fed. R. Civ. P. 26(a)(2)(D) by 6/23/2025.

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5.

All expert discovery shall be completed by all parties by 6/26/2025. The

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parties shall comply with the same procedures set forth in the paragraph governing fact

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discovery.

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6.

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

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may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on

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the introduction of experts or other designated matters in evidence.

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7.

All other pretrial motions must be filed by 8/13/2025. Counsel for the moving

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party must obtain a motion hearing date from the law clerk of the judge who will hear the

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motion. The period of time between the date you request a motion date and the hearing

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date may vary from one district judge to another. Please plan accordingly. Failure to make

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

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

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judge.

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8.

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

Memoranda of Contentions of Fact and Law.

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9.

Counsel shall comply with the pre-trial disclosure requirements of Fed. R.

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Civ. P. 26(a)(3) by 11/12/2025. Failure to comply with these disclosure requirements could

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result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37.

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10.

Counsel shall meet and take the action required by Civil Local Rule 16.1.f.4

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by 11/19/2025. At this meeting, counsel shall discuss and attempt to enter into stipulations

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and agreements resulting in simplification of the triable issues. Counsel shall exchange

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copies and/or display all exhibits other than those to be used for impeachment. The exhibits

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shall be prepared in accordance with Civil Local Rule 16.1.f.4.c. Counsel shall note any

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objections 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 conference

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order.
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11.

Counsel for plaintiff will be responsible for preparing the pretrial order and

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arranging the meetings of counsel pursuant to Civil Local Rule 16.1.f. By 11/26/2025,

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plaintiff’s counsel must provide opposing counsel with the proposed pretrial order for

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review and approval. Opposing counsel must communicate promptly with plaintiff’s

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attorney concerning any objections to form or content of the pretrial order, and both parties

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

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12.

The Proposed Final Pretrial Conference Order, including objections to any

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other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and

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lodged with the assigned district judge by 12/3/2025, and shall be in the form prescribed

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in and comply with Civil Local Rule 16.1.f.6.

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13.

William Q. Hayes on 12/10/2025 at 9:00 AM.

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14.
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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 Honorable

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

shown.

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17.

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

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shall not exceed 25 pages in length without leave of a district court judge. No reply

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memorandum shall exceed 10 pages without leave of a district court judge. Briefs and

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memoranda exceeding 10 pages in length shall have a table of contents and a table of

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authorities cited.

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18.

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case hereafter.

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Plaintiff’s counsel shall serve a copy of this order on all parties that enter this

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19.

All dates, deadlines, and requirements set forth in the Scheduling Order (ECF

No. 17) not modified herein remain in effect.
IT IS SO ORDERED.
Dated: March 7, 2025

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