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Visual Changes Skin Care International, Inc. v. Neways

December 16, 2008

VISUAL CHANGES SKIN CARE INTERNATIONAL, INC. PLAINTIFF(S),
v.
NEWAYS, INC. DEFENDANT.



The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

SCHEDULING ORDER (Fed.R.Civ.P 16) Discovery Deadlines: Initial Disclosures: March 4, 2009 Non Expert: July 31, 2009 Expert: October 30, 2009 Non-Dispositive Motion Deadlines: Filing: November 25, 2009 Hearing: December 18, 2009 Dispositive Motion Deadlines: Filing: December 11, 2009 Hearing: January 14, 2010 Settlement Conference: February 6, 2009 at 10 a.m. Pre-Trial Conference: February 11, 2010 at 8:30 a.m. Courtroom 4 Trial: March 23, 2010 at 9:00 a.m.

Date of Scheduling Conference December 16, 2008.

I. Discovery Plan and Cut-Off Date

The parties are ordered to exchange the initial disclosures required by Fed .R. Civ. P. 26(a)(1) on or before March 4, 2009.

The parties are ordered to complete all discovery pertaining to non-experts on or before July 31, 2009 and all discovery pertaining to experts on or before October 30, 2009.

The parties are directed to disclose all expert witnesses, in writing, on or before August 28, 2009 . The written designation of experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A) and (B) and shall include all information required thereunder. Failure to designate experts in compliance with this order may result in the Court excluding the testimony or other evidence offered through such experts that are not disclosed pursuant to this order.

The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions included in the designation. Failure to comply will result in the imposition of sanctions, which may include striking the expert designation and preclusion of expert testimony.

II. Pre-Trial Motion Schedule

All Non-Dispositive Pre-Trial Motions, including any discovery motions, shall be filed no later than November 25, 2009 and heard on or before December 18, 2009. Nondispositive motions are heard on Fridays at 9:00 a.m., before the Honorable Dennis L. Beck, United States Magistrate Judge in Courtroom 9. Counsel must comply with Local Rule 37-251 with respect to discovery disputes or the motion will be denied without prejudice and dropped from calendar.

In scheduling such motions, the Magistrate Judge may grant applications for an order shortening time pursuant to Local Rule 6-142(d). However, if counsel does not obtain an order shortening time, the notice of motion must comply with Local Rule 37-251.

Counsel may appear and argue non-dispositive motions by telephone, providing a written request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five (5) court days before the noticed hearing date. In the event that more than one attorney requests to appear by telephone then it shall be the obligation of the moving part(ies) to arrange and originate a conference call to the court.

All Dispositive Pre-Trial Motions shall be filed no later than December 11, 2009 and heard no later than January 14, 2010, in Courtroom 4 before the Honorable Lawrence J. O'Neill, United States District Court Judge. In scheduling such motions, counsel shall comply with Local Rules 78-230 and 56-260.

Motions for Summary Judgment or Summary Adjudication

Prior to filing a motion for summary judgment or motion for summary adjudication the parties are ORDERED to meet, in person or by telephone, and confer to ...


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