Xiamen Xiangyu Logistics Group Corp. v. Wholesale 209, LLC ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 XIAMEN XIANGYU LOGISTICS No. 2:23-cv-02704-DJC-AC 11 GROUP CORPORATION, 12 Plaintiff, AMENDED REVISED SCHEDULING 13 v. ORDER 14 WHOLESALE 209, LLC, 15 Defendants. 16 17 18 The parties filed a Joint Status Report (ECF No. 37) in response to the Court’s 19 Order (ECF No. 36), where the Court denied the pending Motion to Refuse to 20 Recognize Petitioner’s Foreign Arbitral Award (ECF No. 13) and asked the parties to 21 discuss how to proceed with discovery and a limited bench trial on the issues of assent 22 between Petitioner and Respondent and notice under the New York Convention. The 23 Court adopts the proposed dates and schedule provided by the parties, except for 24 the Final Pretrial Conference, which shall be held on Thursday, October 9, 2025 25 instead of on Wednesday, October 1, 2025. 26 27 28 1 I. Service of Process 2 The named Defendant has been served as required by Federal Rule of Civil 3 Procedure 5. No further service is permitted without leave of the Court, good cause 4 having been shown under Federal Rule of Civil Procedure 16(b). 5 II. Joinder Of Additional Parties / Amendment Of Pleadings 6 No further joinder of parties or amendments to pleadings is permitted without 7 leave of the Court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson 8 v. Mammoth Recreations, Inc., 975 F.2d 27 604 (9th Cir. 1992). 9 III. Discovery Procedures 10 Discovery matters that do not implicate the schedule of the case or that do not 11 relate to sealing or redaction of documents related to dispositive motions are referred 12 to the assigned United States Magistrate Judge, who will hear all discovery disputes 13 subject to his or her procedures. All discovery documents must include the words 14 “DISCOVERY MATTER” in the caption to ensure proper routing. Do not direct delivery 15 of courtesy copies of these documents to the District Judge. Counsel are directed to 16 review and comply with the case management procedures of the assigned Magistrate 17 Judge when setting applicable discovery matters for hearing. All motions to compel 18 discovery must be noticed on the assigned Magistrate Judge’s calendar in 19 accordance with the local rules of this Court and the Magistrate Judge’s own 20 procedures. 21 The written ruling of the assigned Magistrate Judge shall be final, subject to 22 modification by the District Judge only where it has been shown that the Magistrate 23 Judge’s order is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). 24 Pursuant to Local Rule 303, any party may file and serve a “Request for 25 Reconsideration by the District Judge of Magistrate Judge’s Ruling.” See L.R. 303(c). 26 The requesting party must file and serve any such request within fourteen (14) days of 27 service of a written ruling. L.R. 303(b). The request must specify which portions of the 28 1 ruling are clearly erroneous or contrary to law and the basis for that contention with 2 supporting points and authorities. L.R. 303(c). 3 In addition, the assigned Magistrate Judge reviews proposed discovery phase 4 protective orders sought by the parties pursuant to Local Rule 141.1. However, 5 requests to seal or redact in connection with dispositive motions or trial are decided 6 by Judge Calabretta and any such requests must comply with Judge Calabretta’s 7 Standing Order and Local Rules 140 and 141. 8 IV. Discovery Deadlines 9 A. Rule 26(a) Initial Disclosures 10 If not already completed, all parties appearing shall make initial disclosures 11 pursuant to Federal Rule of Civil Procedure Rule 26(a)(1) within 14 days after the 12 parties’ Rule 26(f) conference. Any parties served or joined after the issuance of this 13 scheduling order shall “make the initial disclosures within 30 days after being served 14 or joined,” as provided by Rule 26(a)(1)(D). 15 B. Fact Discovery 16 All fact discovery shall be completed1 no later than February 15, 2025. 17 C. Expert Discovery 18 The parties do not intend to use expert witnesses. (See ECF No. 37 at 4.) 19 D. Joint Mid-Discovery Statement 20 By November 15, 2024, all parties shall file with the Court a brief Joint Mid- 21 Discovery Statement summarizing the current status of discovery proceedings. In this 22 statement, the parties should state whether the parties are actively engaged in 23 discovery and identify any issues preventing discovery from proceeding in a timely 24 25 1 As used herein, the word “completed” means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by 26 appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. The parties are advised that motions to compel must be filed in advance of the discovery completion 27 deadlines so that the Court may grant effective relief within the allotted discovery time. A party’s failure to have a discovery dispute heard sufficiently in advance of the discovery cutoff may result in denial of 28 the motion as untimely. 1 manner. The filing of this statement shall not relieve the parties or counsel of their 2 obligations to meet and confer, comply with the deadlines set by the Court, and 3 timely notice all appropriate discovery motions. 4 V. Motions 5 All motions, except motions for continuances, temporary restraining orders, or 6 other emergency applications, shall be heard before June 15, 2025 at 1:30 p.m. 7 and shall filed and noticed beforehand consistent with Local Rule 230. Counsel are 8 directed to refer to the local rules and Judge Calabretta’s Standing Order regarding 9 the requirements for noticing and opposing such motions on the Court’s regularly 10 scheduled law and motion calendar. 11 All moving and opposition briefs or legal memoranda in civil cases shall not 12 exceed twenty-five pages without prior leave of the Court. Reply briefs filed by moving 13 parties shall not exceed fifteen pages. The Court will grant an application to extend 14 these page limitations only after good cause shown. Pages that exceed the page 15 limitations without leave of the Court will not be considered. Finally, no supplemental 16 briefs or sur-replies shall be filed and will not be considered without prior leave of the 17 Court. 18 Prior to filing a motion for summary judgment or motion for partial summary 19 judgment (summary adjudication), the parties are ordered to meet and confer, in 20 person or by telephone, to discuss the issues to be raised in the motion as required by 21 Judge Calabretta’s Standing Order. Failure to do so may result in denial of the 22 motion. In addition to complying with the requirements of Local Rule 260, the 23 parties must prepare a Joint Statement of Undisputed Facts, which identifies all 24 relevant facts subject to agreement by all parties. The moving party is responsible 25 for filing the joint statement concurrently with the motion. In the notice of motion, the 26 moving party shall certify that the parties have met and conferred as ordered above or 27 provide a statement of good cause for the failure to do so. In addition to the above, 28 1 when filing any motion, parties should reference and ensure compliance with Judge 2 Calabretta’s Standing Order. 3 VI. Settlement Conference 4 On August 28, 2024, this matter was referred to Magistrate Judge Carolyn K. 5 Delaney for settlement proceedings. Within seven (7) days thereafter, the parties 6 were to contact Judge Delaney’s Courtroom Deputy, Lisa Kennison, to obtain 7 available dates for a settlement conference. The Court is advised that the parties have 8 obtained settlement conference dates from Ms. Kennison but have not confirmed a 9 date with her. The parties shall confer and confirm with Ms. Kennison a date for a 10 settlement conference before Judge Delaney forthwith. 11 VII. Final Pretrial Conference 12 The final pretrial conference is set for October 9, 2025 at 1:30 p.m. in 13 Courtroom 10 before District Court Judge Daniel J. Calabretta. Hearings may be 14 conducted by Zoom upon the joint request of all parties. 15 The parties are directed to file a joint pretrial statement that complies with the 16 requirements of Local Rule 281 and Judge Calabretta’s Standing Order in Civil Cases 17 not less than seven (7) days prior to the Pretrial Conference. Counsel shall e-mail a 18 copy of the joint pretrial statement in Word format to Judge Calabretta's chambers at 19 djcorders@caed.uscourts.gov immediately thereafter. 20 The parties’ attention is directed to Local Rules 281 and 282. This Court will 21 insist upon strict compliance with these rules. At the pretrial conference, the Court will 22 set deadlines to file trial documents, including motions in limine, trial briefs, and 23 proposed jury voir dire, instructions, and verdict forms (where applicable). 24 25 26 27 28 1 VIII. Bench Trial 2 A bench trial is set for November 3, 2025 at 9:00 a.m. in Courtroom 10 3 before District Court Judge Daniel J. Calabretta. Trial is anticipated to last three (3) 4 court days. 5 IX. Related Matters Pending 6 Aside from Respondent’s third-party complaint against Wentao Lyu, the parties 7 have not alerted the Court to any related litigation. 8 X. Objections And Modifications To The Scheduling Order 9 This case schedule will become final without further order of the Court 10 unless objections are filed within fourteen (14) days of the entry of this order. 11 The schedule, once final, shall not be modified except by leave of the Court upon 12 showing of good cause. Counsel shall contact Judge Calabretta’s Courtroom Deputy, 13 Gabriel Michel, via e-mail at gmichel@caed.uscourts.gov, prior to filing a stipulation 14 and proposed order to continue the dates set forth herein. 15 The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of 16 Civil Procedure, no stipulations extending scheduling requirements or modifying 17 applicable rules are effective until and unless the Court approves them. Agreement of 18 the parties by stipulation alone does not constitute good cause. Counsel are 19 cautioned that requests or stipulations to continue dispositive motion deadlines or 20 trial dates must establish good cause exists and are not granted lightly. 21 Any request or stipulation to modify this scheduling order must set forth: 22 1. the existing due date or hearing date as well as the discovery cutoff date, 23 the last date for hearing motions, the final pretrial conference date, and 24 the trial date; 25 2. whether there have been prior requests for extensions, and whether 26 these were granted or denied by the Court; and 27 28 1 3. specific, concrete reasons supporting good cause for granting of the 2 extension. For example, if the reason for the requested extension is that 3 it “will promote settlement,” the requesting party or parties must indicate 4 the status of ongoing negotiations, e.g., that a mediator has been 5 selected; written proposals have been exchanged; a draft settlement 6 agreement is being reviewed by counsel; etc. 7 8 DATED: September 10, 2024 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28