(CONSENT)Johnson v. Holy Diver Sacramento, LLC ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD JOHNSON, No. 2:19–cv–1773–CKD 12 Plaintiff, PRETRIAL SCHEDULING ORDER 13 v. 14 HOLY DIVER SACRAMENTO, LLC, and IRISH FIVE LLC, 15 16 Defendants. 17 18 READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES THAT 19 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND 20 PARTIES MUST COMPLY. FAILURE TO COMPLY WITH THE TERMS OF THIS ORDER 21 MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER APPROPRIATE 22 SANCTIONS, INCLUDING DISMISSAL OR AN ORDER OF JUDGMENT. 23 On October 21, 2020, the Court conducted a status (pretrial scheduling) conference in this 24 matter.1 At the status conference, attorney Khushpreet Mehton appeared on behalf of Plaintiff 25 Richard Johnson, and attorney Richard Morin appeared on behalf of Defendants Holy Diver 26 27 1 After all parties consented to the jurisdiction of a United States Magistrate Judge for all purposes pursuant to 28 U.S.C. § 636(c), the action was reassigned to the undersigned for all 28 further proceedings and entry of final judgment. (ECF Nos. 4, 9.) 1 Sacramento, LLC, and Irish Five LLC. After considering the parties’ joint status report (ECF 2 No. 17) and the parties’ representations at the status conference, the Court issues the following 3 pretrial scheduling order. 4 JOINDER OF PARTIES/AMENDMENT OF PLEADINGS 5 All named Defendants have answered Plaintiff’s complaint. No further joinder of parties 6 or amendments to pleadings are permitted except with leave of Court, good cause having been 7 shown. 8 JURISDICTION/VENUE 9 Jurisdiction and venue are undisputed, and are hereby found to be proper. 10 INITIAL DISCLOSURES 11 To the extent that the parties have not already done so, the parties shall exchange initial 12 disclosures no later than November 4, 2020. Such disclosures shall include production of any 13 documents and other items required by Rule 26(a)(1)(A)(ii) that are within a party’s possession, 14 custody, or control. 15 DISCOVERY DEADLINES, PROCEDURES FOR DISCOVERY DISPUTES 16 All non-expert discovery shall be completed2 by August 27, 2021. Any discovery-related 17 motions must conform to the requirements of the Federal Rules of Civil Procedure and this 18 Court’s Local Rules, including Local Rule 251. Judge Delaney generally hears civil motions on 19 Wednesdays at 10:00 a.m. 20 Prior to filing any discovery-related motions, the parties are required to meet and confer in 21 good faith in an attempt to resolve their discovery disputes informally and without court 22 intervention. Such meet and confer shall take place in person, or at a minimum, via a telephonic 23 conference. The mere exchange of letters or e-mails alone is not sufficient. As part of their joint 24 statement related to a discovery motion submitted pursuant to Local Rule 251, the parties shall 25 also specifically outline: (a) what meet-and-confer efforts were undertaken; (b) when and where 26 27 2 “Completed” means (1) all discovery shall have been conducted so that all depositions have been taken and (2) any disputes related to discovery shall have been resolved by appropriate order 28 if necessary and, where discovery has been ordered, the order has been complied with. 1 such discussions took place; (c) who was present; and (d) how the parties’ disputes were 2 narrowed as a result of such discussions. Failure to comply with these requirements may result in 3 summary denial of any discovery motion. 4 The Court strongly encourages the use of informal telephonic discovery conferences with 5 the Court in lieu of formal discovery motion practice. The procedures and conditions for 6 requesting and conducting such an informal telephonic discovery conference are outlined in 7 Judge Delaney’s “Order re Informal Telephonic Conferences re Discovery Disputes,” posted on 8 the Court’s website at http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/5055/. 9 Additionally, subject to the Court’s availability, the Court will also rule on disputes encountered 10 at oral depositions, so as to avoid such depositions from breaking down. In the course of the 11 deposition, the parties may contact Judge Delaney’s courtroom deputy clerk at (916) 930-4004 to 12 inquire regarding Judge Delaney’s availability. However, the parties are cautioned that these 13 informal procedures are not to be abused, and the Court may impose appropriate sanctions on an 14 offending party or parties, even in the course of informal discovery conferences. 15 EXPERT DISCLOSURES AND DISCOVERY 16 The parties shall disclose any expert witnesses in accordance with the specifications of 17 Federal Rule of Civil Procedure 26(a)(2) no later than September 24, 2021. Expert disclosures 18 shall be filed with the Court and served upon all other parties. All expert discovery shall be 19 completed (see n.2) by November 26, 2021. The same procedures for fact-discovery disputes 20 applies to expert-discovery disputes. 21 An expert witness not timely disclosed will not be permitted to testify unless the party 22 offering the witness demonstrates that: (a) the necessity of the witness could not have been 23 reasonably anticipated at the time that the expert disclosures were due; (b) the Court and opposing 24 counsel were promptly notified upon discovery of the witness; and (c) the witness was promptly 25 proffered for deposition. Failure to provide the information required by Federal Rule of Civil 26 Procedure 26(a)(2) along with the expert disclosures may lead to preclusion of the expert’s 27 testimony or other appropriate sanctions. 28 /// 1 LAW AND MOTION 2 All law and motion, except as to discovery-related matters, shall be completed (i.e. heard) 3 by January 10, 2022. Counsel and/or parties proceeding without counsel are cautioned to refer 4 to the Local Rules regarding the requirements for noticing such motions on the Court’s regularly 5 scheduled law and motion calendar, including, but not limited to, Local Rule 230. Judge Delaney 6 generally hears civil motions on Wednesdays at 10:00 a.m. This paragraph does not preclude 7 motions for continuances, motions in limine related to trial, temporary restraining orders, or other 8 emergency applications, for which the Court may set a special briefing schedule, if necessary or 9 appropriate. 10 ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL 11 MOTION. The purpose of law and motion is to narrow and refine the legal issues raised by the 12 case, as well as to dispose of those issues that are susceptible to resolution without trial by pretrial 13 motion. To accomplish that purpose, the parties need to identify and fully research the issues 14 presented by the case, then examine those issues in light of the evidence obtained through 15 discovery. If it appears to counsel after examining the legal issues and facts that an issue can be 16 resolved by pretrial motion, counsel are to file the appropriate motion consistent with the law and 17 motion cutoff set forth above. Conversely, motions in limine are procedural devices designed to 18 address the admissibility of evidence. THE COURT WILL LOOK WITH DISFAVOR UPON 19 SUBSTANTIVE MOTIONS PRESENTED UNDER THE GUISE OF MOTIONS IN LIMINE 20 AT THE TIME OF TRIAL. 21 FINAL PRETRIAL CONFERENCE/TRIAL SETTING 22 All parties request a jury trial. The undersigned declines to set final pretrial conference 23 and trial dates at this juncture. Instead, the Court orders the parties to submit a Notice of Trial 24 Readiness on one of the following timelines: 25 A. After resolution of any pending dispositive motions, the parties are to submit the 26 Notice not later than thirty (30) days after receiving the ruling(s) on the last-filed 27 dispositive motion(s); or 28 B. If the parties do not intend to file dispositive motions, the parties are ordered to file the 1 Notice not later than one hundred twenty (120) days after the close of discovery and 2 the notice must include statements of intent to forgo the filing of dispositive motions. 3 | Inthe Notice of Trial Readiness, the parties are to set forth the appropriateness of special 4 | procedures, their estimated trial length, any request for a jury, their availability for trial, and if the 5 | parties are willing to attend a settlement conference. The Notice shall also estimate how many 6 | court days each party will require to present its case, including opening statements and closing 7 | arguments. The parties’ estimate shall include time necessary for jury selection, time necessary to 8 | finalize jury instructions and instruct the jury. After review of the parties’ Joint Notice of Trial 9 | Readiness, the court will issue an order that sets forth dates for a final pretrial conference and 10 | trial. 11 OBJECTIONS 12 Any objections to this pretrial scheduling order shall be filed within seven (7) days. 13 SETTLEMENT CONFERENCE 14 The parties agree to a settlement conference before a magistrate judge once the parties 15 | have conducted some discovery. To arrange a settlement conference, the parties are to contact 16 | Judge Delaney’s courtroom deputy clerk to inquire as to the availability of Judge Delaney or 17 | another magistrate judge. 18 MODIFICATION OF THIS SCHEDULING ORDER 19 The parties are reminded that pursuant to Federal Rule of Civil Procedure 16(b)(4), this 20 | order shall not be modified except by leave of court upon a showing of “good cause.” See 21 | Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). Mere agreement by the 22 | parties pursuant to a stipulation does not constitute good cause. Nor does the unavailability of 23 | witnesses or counsel, except in extraordinary circumstances, constitute good cause. 24 | Dated: October 22, 2020 dp. A. fe 29 CAROLYN K. DELANEY : 26 UNITED STATES MAGISTRATE JUDGE 27 19, holy.1773 28