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Curtis C. Dinwiddie v. Waste Management

May 21, 2012

CURTIS C. DINWIDDIE,
PLAINTIFF,
v.
WASTE MANAGEMENT, INC. AND DON JOHNSON,
DEFENDANTS.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

SCHEDULING ORDER (Fed. R. Civ. P. 16) Discovery Deadlines: Initial Disclosures: June 30, 2012 Non-Expert Discovery: April 17, 2013 Expert Disclosure: March 28, 2013 Supplemental Expert Disclosure: April 26, 2013 Expert Discovery: May 17, 2013 Motion Deadlines: Non-Dispositive: Filing: May 24, 2013 Dispositive: Filing: June 17, 2013 Settlement Conference: Not Set Pre-Trial Conference: July 26, 2013 at 8:30 a.m. Courtroom 2, 8th Floor Trial: September 17, 2013 at 8:30 a.m. Courtroom 2, 8th Floor Jury Trial - 5-10 days

I. Date of Scheduling Conference

May 21, 2012.

II. Appearances of Counsel

Howard Moore appeared telephonically on behalf of Curtis C. Dinwiddie. ("Plaintiff"). Elia DeLuca appeared telephonically on behalf of Waste Management, Inc. And Don Johnson ("Defendants").

III. Consent to the Magistrate Judge

Pursuant to 28 U.S.C. § 636(c), the parties have not consented to conduct all further proceedings in this case, including trial, before the Honorable Gary S. Austin, U.S. Magistrate Judge.

IV. Discovery Plan and Cut-Off Dates

The parties shall exchange initial disclosures required by Fed. R. Civ. P. 26(a)(1) by June 30, 2012. The parties do not anticipate any amendments to the pleadings.The parties are ordered to complete all discovery pertaining to non-experts on or before April 17, 2013. The parties are directed to disclose all expert witnesses, in writing, on or before March 28, 2013. The parties also shall disclose all supplemental experts on or before April 26, 2013. 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 parties are directed to complete all expert discovery on or before May 17, 2013. 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.

V. Pre-Trial Motion Schedule

All Non-Dispositive Pre-Trial Motions, including any discovery motions, shall be filed no later than May 24, 2013 and will be heard in Courtroom 10 before Magistrate Judge Gary Austin. In scheduling such motions, the parties shall comply with Local Rule 230. Counsel must comply with Local Rule 251 with respect to discovery disputes or the motion will be denied without prejudice and dropped from calendar. In scheduling such motions, the Judge may grant applications for an order shortening time pursuant to Local Rule 6. However, if a party does not obtain an order shortening time, the notice of motion must comply with Local Rule 251. In addition to filing a joint statement electronically, a copy of the joint statement shall also be sent Judge Austin's chambers by email to gsaorders@caed.uscourts.gov.

The parties are advised that unless prior leave of the Court is obtained, all moving and opposition briefs or legal memorandum in civil cases before Judge Austin shall not exceed thirty

(30) pages. Reply briefs by the moving party shall not exceed ten (10) pages. These page limitations do not include exhibits. Briefs that exceed this page limitation, or are sought to be filed without leave, may not be considered by the Court.

Counsel or pro se parties may appear and argue non-dispositive motions by telephone, providing a written request to so do is made to Judge Austin's Clerk no later than five (5) court days before the noticed hearing date. In the event that more than one party requests to appear by telephone, 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 June 17, 2013, and heard in Courtroom 2 before the Honorable Anthony W. Ishii, Chief United States District Court Judge. In scheduling such motions, the parties shall comply with Local Rules 230 and 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 discuss the issues to be raised in the motion.

The purpose of meeting shall be to 1 avoid filing motions for summary judgment where a question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement before the parties incur the ...


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