Nordbye v. Mountain Lion Acquisitions Inc. ( 2019 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 Case No. 1: 19-cv-00940-DAD-SAB 10 SCOTT NORDBYE, SCHEDULING ORDER (Fed. R. Civ. P. 16) 11 Plaintiff, Discovery Deadlines: Initial Disclosures: October 18, 2019 12 Non-Expert Discovery: May 4, 2020 Expert Disclosure: May 8, 2020 13 Supplemental Expert Disclosure: May 29, 2020 Expert Discovery: June 26, 2020 14 v. Dispositive Motion Deadlines: 15 Filing: May 18, 2020 Hearing: Pursuant to Local Rules 16 Pre-Trial Conference: 17 MOUNTAIN LION ACQUISITIONS July 27, 2020 at 1:30 p.m. INC., ET. AL., Courtroom 5 18 Defendants. Trial: September 22, 2020 at 8:30 a.m. 19 Courtroom 5 Jury Trial - 2-4 Days 20 21 22 23 I. Date of Scheduling Conference 24 The Scheduling Conference was held on October 15, 2019. 25 II. Appearances of Counsel 26 Yana Hart telephonically appeared on behalf of Plaintiff. 27 Erfan Shariat and Erik Jones telephonically appeared on behalf of Defendants. 28 1 III. Consent to Magistrate Judge 2 Pursuant to 28 U.S.C. § 636(c), to the parties who have not consented to conduct all further 3 proceedings in this case, including trial, before United States Magistrate Judge Stanley A. Boone, 4 you should be informed that because of the pressing workload of United States district judges and 5 the priority of criminal cases under the United States Constitution, you may consent to magistrate 6 judge jurisdiction in an effort to have your case adjudicated in a timely and cost effective manner. 7 The parties are advised that they are free to withhold consent or decline magistrate jurisdiction 8 without adverse substantive consequences. 9 IV. Initial Disclosure under Fed. R. Civ. P. 26(a)(1) 10 The Parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 11 26(a)(1) on or before October 18, 2019. 12 V. Amendments to Pleading 13 Any motions or stipulations requesting leave to amend the pleadings must be filed by no 14 later than December 15, 2019. The parties are advised that filing motions and/or stipulations 15 requesting leave to amend the pleadings does not reflect on the propriety of the amendment or 16 imply good cause to modify the existing schedule, if necessary. All proposed amendments must 17 (A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any 18 modification to the existing schedule, see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 19 609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P. 15(a), that such an amendment is not 20 (1) prejudicial to the opposing party, (2) the product of undue delay, (3) proposed in bad faith, or 21 (4) futile, see Foman v. Davis, 371 U.S. 178, 182 (1962). 22 VI. Discovery Plan and Cut-Off Dates 23 The parties are ordered to complete all non-expert discovery on or before May 4, 2020 and 24 all expert discovery on or before June 26, 2020. 25 The parties are directed to disclose all expert witnesses, in writing, on or before May 8, 26 2020 and to disclose all supplemental experts on or before May 29, 2020. The written designation 27 of retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. 26(a)(2), (A), (B) 28 and (C) and shall include all information required thereunder. Failure to designate experts in 1 compliance with this order may result in the Court excluding the testimony or other evidence 2 offered through the experts that are not properly disclosed in compliance with this order. 3 The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to 4 experts and their opinions. Experts must be fully prepared to be examined on all subjects and 5 opinions included in the designation. Failure to comply will result in the imposition of sanctions, 6 which may include striking the expert designation and the exclusion of their testimony. 7 The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement 8 disclosures and responses to discovery requests will be strictly enforced. 9 The parties are cautioned that the discovery/expert cut-off deadlines are the dates by which 10 all discovery must be completed. Absent good cause, discovery motions will not be heard after the 11 discovery deadlines. Moreover, absent good cause, the Court will only grant relief on a discovery 12 motion if the relief requested requires the parties to act before the expiration of the relevant 13 discovery deadline. In other words, discovery requests and deposition notices must be served 14 sufficiently in advance of the discovery deadlines to permit time for a response, time to meet and 15 confer, time to prepare, file and hear a motion to compel and time to obtain relief on a motion to 16 compel. Counsel are expected to take these contingencies into account when proposing discovery 17 deadlines. Compliance with these discovery cutoffs requires motions to compel be filed and heard 18 sufficiently in advance of the discovery cutoff so that the Court may grant effective relief within 19 the allotted discovery time. A party's failure to have a discovery dispute heard sufficiently in 20 advance of the discovery cutoff may result in denial of the motion as untimely. 21 VII. Pre-Trial Motion Schedule 22 Unless prior leave of Court is obtained at least seven (7) days before the filing date, all 23 moving and opposition briefs or legal memorandum in civil cases shall not exceed twenty-five (25) 24 pages. Reply briefs filed by moving parties shall not exceed ten (10) pages. Before scheduling any 25 motion, the parties must comply with all requirements set forth in Local Rule 230 and 251. 26 A. Non-Dispositive Pre-Trial Motions 27 As noted, all non-expert discovery, including motions to compel, shall be completed no 28 later than May 4, 2020. All expert discovery, including motions to compel, shall be completed no 1 later than June 26, 2020. Compliance with these discovery cutoffs requires motions to compel be 2 filed and heard sufficiently in advance of the discovery cutoff so that the Court may grant effective 3 relief within the allotted discovery time. A party’s failure to have a discovery dispute heard 4 sufficiently in advance of the discovery cutoff may result in denial of the motion as untimely. Non- 5 dispositive motions are heard on Wednesdays at 10:00 a.m., before United States Magistrate Judge 6 Stanley A. Boone in Courtroom 9. 7 In scheduling any non-dispositive motion, the Magistrate Judge may grant Applications for 8 an Order Shortening Time pursuant to Local Rule 144(e). However, if counsel does not obtain an 9 Order Shortening Time, the Notice of Motion must comply with Local Rule 251. 10 Counsel may appear and argue non-dispositive motions by telephone, providing a written 11 request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than three (3) court 12 days before the noticed hearing date. In the event that more than one attorney requests to appear 13 by telephone, then it shall be the obligation of the moving party(ies) to arrange and originate a 14 conference call to the court. 15 Discovery Disputes: If a motion is brought under Fed. R. Civ. P. 37, the parties must 16 prepare and file a Joint Statement re Discovery Disagreement (“Joint Statement”) as required by 17 Local Rule 251. The Joint Statement must be filed seven (7) calendar days before the scheduled 18 hearing date. Courtesy copies of all motion-related documents, declarations, and exhibits must be 19 delivered to the Clerk’s Office by 10:00 a.m. on the fourth court day prior to the scheduled hearing 20 date. Motions will be removed from the court’s hearing calendar if the Joint Statement is not timely 21 filed or if courtesy copies are not timely delivered. In order to satisfy the meet and confer 22 requirement set forth in Local Rule 251(b), the parties must confer and talk to each other in person, 23 over the telephone or via video conferencing before the hearing about the discovery dispute. The 24 Court may issue sanctions against the moving party or the opposing party if either party fails to 25 meet and confer in good faith. 26 B. Dispositive Pre-Trial Motions 27 All dispositive pre-trial motions shall be filed no later than May 18, 2020 and heard 28 pursuant to the Local Rules in Courtroom 5 before United States District Judge Dale A. Drozd. In 1 scheduling such motions, counsel shall comply with Fed. R. Civ. P 56 and Local Rules 230 and 2 260. 3 Motions for Summary Judgment or Summary Adjudication: Prior to filing a motion for 4 summary judgment or motion for summary adjudication, the parties are ORDERED to meet, in 5 person or by telephone, and confer to discuss the issues to be raised in the motion. 6 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where 7 a question of fact exists; 2) determine whether the respondent agrees that the motion has merit in 8 whole or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) 9 narrow the issues for review by the court; 5) explore the possibility of settlement before the parties 10 incur the expense of briefing a summary judgment motion; and 6) to arrive at a Joint Statement of 11 Undisputed Facts. 12 The moving party shall initiate the meeting and provide a draft of the Joint Statement of 13 Undisputed Facts. In addition to the requirements of Local Rule 260, the moving party shall 14 file a Joint Statement of Undisputed Facts. 15 In the Notice of Motion, the moving party shall certify that the parties have met and 16 conferred as ordered above or set forth a statement of good cause for the failure to meet and confer. 17 VIII. Pre-Trial Conference Date 18 The Pre-Trial conference is set for July 27, 2020 at 1:30 p.m. in Courtroom 5 before 19 United States District Judge Dale A. Drozd. 20 The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 21 281(a)(2). The parties are further directed to submit a digital copy of their Pretrial Statement in 22 Word format, directly to District Judge Dale A. Drozd’s chambers by email at 23 DADorders@caed.uscourts.gov. 24 25 Counsels’ attention is directed to Rules 281 and 282 of the Local Rules for the Eastern 26 District of California, as to the obligations of counsel in preparing for the pre-trial conference. The 27 Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 28 Local Rules, the Joint Pretrial Statement shall include a Joint Statement of the Case to be used by 1 the Court to explain the nature of the case to the jury during voir dire. 2 IX. Trial Date 3 Trial is set for September 22, 2020 at 8:30 a.m. in Courtroom 5 before United States 4 District Judge Dale A. Drozd. 5 A. This is a jury trial. 6 B. Counsels’ Estimate of Trial Time: 2-4 Days. 7 C. Counsels’ attention is directed to Local Rule 285 for the Eastern District of 8 California. 9 X. Settlement Conference 10 The parties are advised that Judge Drozd requires that a mandatory settlement conference 11 be conducted prior to trial by a federal judge. As advised at the conference, it is the parties 12 responsibility to set a settlement conference if none is presently set. When the parties are ready to 13 set the conference, they will jointly request one of the court, and one will be arranged. 14 XI. Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten Trial 15 16 Not applicable at this time. 17 XII. Related Matters Pending 18 There are no pending related matters. 19 XIII. Compliance with Federal Procedure 20 All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 21 and the Local Rules of the Eastern District of California, and to keep abreast of any amendments 22 thereto. The Court must insist upon compliance with these Rules if it is to efficiently handle its 23 increasing case load and sanctions will be imposed for failure to follow the Rules as provided in 24 both the Federal Rules of Civil Procedure and the Local Rules for the Eastern District of California. 25 Additional requirements and more detailed procedures for courtroom practice before United 26 States Magistrate Judge Stanley A. Boone can be found at the United States District Court for the 27 Eastern District of California’s website (www.caed.uscourts.gov) under Judges; United States 28 Magistrate Judge Stanley A. Boone (SAB). In the area entitled “Case Management Procedures,” 1 | there is a link to “Standard Information.” All parties and counsel shall comply with the guidelines 2 | set forth therein. 3 XIV. Effect of this Order 4 The foregoing order represents the best estimate of the court and counsel as to the agenda 5 || most suitable to dispose of this case. The trial date reserved is specifically reserved for this case. 6 | If the parties determine at any time that the schedule outlined in this order cannot be met, counsel 7 | are ordered to notify the court immediately of that fact so that adjustments may be made, either by 8 | stipulation or by subsequent status conference. 9 Stipulations extending the deadlines contained herein will not be considered unless 10 | they are accompanied by affidavits or declarations, and where appropriate attached exhibits, 11 | which establish good cause for granting the relief requested. The parties are advised that due 12 | tothe impacted nature of civil cases on the district judges in the Eastern District of California, 13 | Fresno Division, that stipulations to continue set dates are disfavored and will not be granted 14 | absent good cause. 15 Lastly, should counsel or a party appearing pro se fail to comply with the directions 16 | as set forth above, an ex parte hearing may be held and contempt sanctions, including 17 | monetary sanctions, dismissal, default, or other appropriate judgment, may be imposed 18 | and/or ordered. 19 IT IS SO ORDERED. OF. ee 21 | Dated: _QOctober 15,2019 _ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28