The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
SCHEDULING ORDER (Fed.R.Civ.P 16)
Initial Disclosures: 6/15/2012
Non Expert: 10/1/2012 ) Expert: 11/16/2012
Non-Dispositive Motion Deadlines:
Dispositive Motion Deadlines:
Filing: 2/1/2013 Settlement Conference: 1/24/2013, at 10:00 Courtroom 7 Pre-Trial Conference: 6/26/2013, at 8:30 a.m. Courtroom 2 Jury Trial: 8/20/2013, at 8:30 a.m. Courtroom 2 (5-8 days)
I. Date of Scheduling Conference
II. Appearances of Counsel
James Holland, Esq., appeared on behalf of Plaintiffs. Michael Lehman, Esq., appeared on behalf of Defendants.
III. Amendment to the Parties' Pleadings
The parties do not anticipate any amendments to the pleadings at this time. Any motions or stipulations requesting leave to amend the pleadings must be filed by no later than 7/20/2012. The parties are advised that filing motions and/or stipulations requesting leave to amend the pleadings by 7/20/2012, does not reflect on the propriety of the amendment or imply good cause to modify the existing schedule, if necessary. All proposed amendments must (A) be supported by good cause pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any modification to the existing schedule, see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P. 15(a), that such an amendment is not
(1) prejudicial to the opposing party, (2) the product of undue delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis, 371 U.S. 178, 182 (1962).
IV. 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 Sheila K. Oberto, U.S. Magistrate Judge.
V. Discovery Plan and Cut-Off Date
To the extent initial disclosures are not completed in case number 1:11-cv-02041-AWI-SKO, the parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) on or before 6/15/2012.
The parties are ordered to complete all discovery pertaining to non-experts on or before 10/1/2012 and all discovery pertaining to experts on or before 11/16/2012.
The parties are directed to disclose all expert witnesses, in writing, on or before 10/12/2012, and to disclose all rebuttal experts on or before 10/26/2012. The written designation of retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B) and (C) and shall include all information required thereunder. Failure to designate experts in compliance with this order may result in the Court ...