M2BM Investments LP v. Exmoore Financial Credit Co. Ltd. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 M2BM INVESTMENTS LP, a No. 2:22-cv-01165 WBS DB California Limited 13 Partnership, 14 Plaintiff, 15 v. 16 EXMOORE FINANCIAL CREDIT CO. LTD., an English Corporation, 17 and DOES 1- 25, 18 DefendantS. 19 20 ----oo0oo---- 21 STATUS (PRETRIAL SCHEDULING) ORDER 22 After reviewing the parties’ Joint Status Report, the 23 court hereby vacates the Status (Pretrial Scheduling) Conference 24 scheduled for November 7, 2022, and makes the following findings 25 and orders without needing to consult with the parties any 26 further. 27 I. SERVICE OF PROCESS 28 All defendants have been served, and no further service 1 is permitted without leave of court, good cause having been shown 2 under Federal Rule of Civil Procedure 16(b). 3 II. JOINDER OF PARTIES/AMENDMENTS 4 No further joinder of parties or amendments to 5 pleadings will be permitted except with leave of court, good 6 cause having been shown under Federal Rule of Civil Procedure 7 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 8 (9th Cir. 1992). 9 III. JURISDICTION/VENUE 10 Jurisdiction in this contract dispute is predicated 11 upon 28 U.S.C. § 1332, because the parties are of diverse 12 citizenship and the amount in controversy exceeds $75,000. Venue 13 is undisputed and hereby found to be proper. 14 IV. DISCOVERY 15 The parties agree to serve the initial disclosures 16 required by Federal Rule of Civil Procedure 26(a)(1) on or before 17 November 18, 2022. 18 The parties shall disclose experts and produce reports 19 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 20 later than December 18, 2023. With regard to expert testimony 21 intended solely for rebuttal, those experts shall be disclosed 22 and reports produced in accordance with Federal Rule of Civil 23 Procedure 26(a)(2) on or before January 16, 2024. 24 All discovery, including depositions for preservation 25 of testimony, is left open, save and except that it shall be so 26 conducted as to be completed by February 12, 2024. The word 27 “completed” means that all discovery shall have been conducted so 28 that all depositions have been taken and any disputes relevant to 1 discovery shall have been resolved by appropriate order if 2 necessary and, where discovery has been ordered, the order has 3 been obeyed. All motions to compel discovery must be noticed on 4 the magistrate judge’s calendar in accordance with the local 5 rules of this court and so that such motions may be heard (and 6 any resulting orders obeyed) not later than February 12, 2024. 7 V. MOTION HEARING SCHEDULE 8 All motions, except motions for continuances, temporary 9 restraining orders, or other emergency applications, shall be 10 filed on or before April 1, 2024. All motions shall be noticed 11 for the next available hearing date. Counsel are cautioned to 12 refer to the local rules regarding the requirements for noticing 13 and opposing such motions on the court’s regularly scheduled law 14 and motion calendar. 15 VI. FINAL PRETRIAL CONFERENCE 16 The Final Pretrial Conference is set for June 17, 2024, 17 at 1:30 p.m. in Courtroom No. 5. The conference shall be 18 attended by at least one of the attorneys who will conduct the 19 trial for each of the parties and by any unrepresented parties. 20 Counsel for all parties are to be fully prepared for 21 trial at the time of the Pretrial Conference, with no matters 22 remaining to be accomplished except production of witnesses for 23 oral testimony. Counsel shall file separate pretrial statements, 24 and are referred to Local Rules 281 and 282 relating to the 25 contents of and time for filing those statements. In addition to 26 those subjects listed in Local Rule 281(b), the parties are to 27 provide the court with: (1) a plain, concise statement which 28 identifies every non-discovery motion which has been made to the 1 court, and its resolution; (2) a list of the remaining claims as 2 against each defendant; and (3) the estimated number of trial 3 days. 4 In providing the plain, concise statements of 5 undisputed facts and disputed factual issues contemplated by 6 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 7 that remain at issue, and any remaining affirmatively pled 8 defenses thereto. 9 VII. TRIAL SETTING 10 Both sides request a bench trial. The matter is 11 accordingly set for trial without a jury on August 13, 2024 at 12 9:00 a.m. The parties estimate that the trial will last two 13 days. 14 VIII. SETTLEMENT CONFERENCE 15 A Settlement Conference with a magistrate judge will be 16 set at the time of the Pretrial Conference. Counsel are 17 instructed to have a principal with full settlement authority 18 present at the Settlement Conference or to be fully authorized to 19 settle the matter on any terms. At least seven calendar days 20 before the Settlement Conference counsel for each party shall 21 submit a confidential Settlement Conference Statement for review 22 by the settlement judge. The Settlement Conference Statements 23 shall not be filed and will not otherwise be disclosed to the 24 trial judge. 25 IX. MODIFICATIONS TO SCHEDULING ORDER 26 Any requests to modify the dates or terms of this 27 Scheduling Order, except requests to change the date of the 28 trial, may be heard and decided by the assigned Magistrate Judge. nnn enn nen nen nnn nn enn ne non nn OS IS I IE OE 1 All requests to change the trial date shall be heard and decided 2 only by the undersigned judge. 3 IT IS SO ORDERED. 4 | Dated: November 1, 2022 bette 2d. □□ 5 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28