The opinion of the court was delivered by: Ruben B. Brooks United States Magistrate Judge
ORDER GRANTING IN PART CINTAS CORPORATION AND MOTION TO AMEND CASE MANAGEMENT CONFERENCE ORDER AND RELATED CROSS-ACTION.
After consideration of Defendant Cintas Corporation and Plaintiff Tomamex Tijuana, Inc.'s [Third] Joint Motion to Continue Discovery, Pretrial and Trial Dates (ECF No. 61) and all supporting papers filed therewith and good cause appearing therefore:
IT IS HEREBY ORDERED that Defendant Cintas Corporation and Plaintiff Tomamex Tijuana, Inc.'s Joint Motion to Continue Discovery, Pretrial and Trial Dates is granted in part. For good cause shown, the following dates shall govern the case schedule in this action:
1. All fact discovery must be completed by all parties on or before October 7, 2011. All expert discovery must be completed by all parties on or before October 21, 2011. "Completed" means that all discovery under Rules 30-36 of the Federal Rules of Civil Procedure, and discovery subpoenas under Federal Rule of Civil Procedure 45, must be initiated a sufficient period of time in advance of the cut-off date, so that it may be completed by the cut-off date, taking into account the times for service, notice, and response, as set forth in the Federal Rules of Civil Procedure. Counsel must promptly and in good faith meet and confer with regard to all discovery disputes in compliance with Local Rule 26.1(a). All discovery motions must be filed within 30 days of the service of an objection, answer, or response which becomes the subject of dispute or the passage of a discovery due date without response or production, and only after counsel have met and conferred and have reached impasse with regard to the particular issue. A failure to comply in this regard will result in a waiver of a parties discovery issue. Absent an order of the court, no stipulation continuing or altering this requirement will be recognized by the court.
2. All other dispositive motions, including those addressing Daubert issues, must be filed on or before December 2, 2011. Please be advised that counsel for the moving party must obtain a motion hearing date from the law clerk of the judge who will hear the motion. Motions in Limine are to be filed as directed in the Local Rules, or as otherwise set by Judge Battaglia. Be further advised that the period of time between the date you request a motion date and the hearing date may vary from one district judge to another. Please plan accordingly. For example, you should contact the judge's law clerk in advance of the motion cutoff to calendar the motion. Failure to timely request a motion date may result in the motion not being heard.
Questions regarding this case should be directed to the judge's law clerk. The Court draws the parties' attention to Local Rule 7.1(e)(4) which requires that the parties allot additional time for service of motion papers by mail. Papers not complying with this rule shall not be accepted for filing.
Briefs or memoranda in support of or in opposition to any pending motion shall not exceed twenty-five (25) pages in length without leave of the judge who will hear the motion. No reply memorandum shall exceed ten (10) pages without leave of the judge who will hear the motion.
3. The settlement conference set for August 11, 2011, at 2:00 p.m. shall be continued to December 19, 2011, at 1:30 p.m. A mandatory settlement conference date will be set at one of the scheduled settlement conferences.
All parties, claims adjusters for insured Defendants and non-lawyer representatives with complete authority to enter into a binding settlement, as well as the principal attorneys responsible for the litigation, must be present and legally and factually prepared to discuss and resolve the case at the mandatory settlement conference and at all settlement conferences. Retained outside corporate counsel shall not appear on behalf of a corporation as the party representative who has the authority to negotiate and enter into a settlement. Failure to attend or obtain proper excuse will be considered grounds for sanctions.
If Plaintiff is incarcerated in a penal institution or other facility, the Plaintiff's presence is not required at conferences before Judge Brooks, and the Plaintiff may participate by telephone. In that case, defense counsel is to coordinate the Plaintiff's appearance by telephone.
Confidential written settlement statements for the mandatory settlement conference shall be lodged directly in the chambers of Judge Brooks no later than five court days before the mandatory settlement conference. The statements need not be filed with the Clerk of the Court or served on opposing counsel. The statements will not become part of the court file and will be returned at the end of the conference upon request. Written statements may be lodged with Judge Brooks either by mail or in person.
Any statement submitted should avoid arguing the case. Instead, the statement should include a neutral factual statement of the case, identify controlling legal issues, and concisely set out issues of liability and damages, including any settlement demands and offers to date and address special and general damages where applicable.
If appropriate, the Court will consider the use of other alternative dispute resolution techniques.
4. Counsel shall make their Pretrial Disclosures required by Federal Rule of Civil Procedure 26(a)(3) on ...