UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 21, 2012
LEON S. PENCE,
AT&T PENSION BENEFIT PLAN,
The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge
SCHEDULING ORDER (Fed.R.Civ.P 16)
Initial Disclosures: 1/15/2013
Discovery Deadlines: ) Non Expert: 5/10/2013
Non-Dispositive Motion Deadline:
Dispositive Motion Deadline: Filing: 7/31/2013 Settlement Conference: 5/14/2013, at 10:00 a.m. Courtroom 7 Pre-Trial Conference: 11/13/2013 at 8:15 a.m. Courtroom 4 Court Trial: 1/7/2014, at 8:30 a.m.
I. Date of Scheduling Conference December 18, 2012. Courtroom 4 (2 days)
II. Appearances of Counsel
Richard Johnston, Esq., appeared telephonically on behalf of Plaintiff. Katherine Kettler, Esq., appeared telephonically on behalf of Defendant.
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 1/11/2013. The parties are advised that filing motions and/or stipulations requesting leave to amend the pleadings by 1/11/2013 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
The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) on or before 1/15/2013.
The parties are ordered to complete all discovery pertaining to non-experts on or before 5/10/2013 and all discovery pertaining to experts on or before 6/20/2013.
The parties are directed to disclose all expert witnesses, in writing, on or before 5/6/2013, and to disclose all rebuttal experts on or before 5/20/2013. 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 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.
The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement disclosures and responses to discovery requests will be strictly enforced.
VI. Pre-Trial Motion Schedule
All non-dispositive pre-trial motions, including any discovery motions, shall be filed by no later than 4:00 p.m. 6/24/2013, and heard on or before 7/24/2013. Non-dispositive motions are heard on Wednesdays at 9:30 a.m., before the Honorable Sheila K. Oberto, United States Magistrate Judge in Courtroom 7. 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 Magistrate Judge may grant applications for an order shortening time pursuant to Local Rule 144(e). However, if counsel does not obtain an order shortening time, the notice of motion must comply with Local Rule 251.
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 Oberto 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 that are sought to be filed without leave, may not be considered by the Court.In addition, all pleadings shall be filed by no later than 4:00 p.m. on the due date.
Counsel may request to appear and argue non-dispositive motions by telephone, provided 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 and such request is granted. 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. Prior to filing a non-dispositive motion the parties are ORDERED to meet, in person or by telephone, and confer to discuss the issues to be raised in the motion.
All dispositive pre-trial motions shall be filed no later than 7/31/2013 and heard no later than 9/18/2013, in Courtroom 4 before the Honorable Lawrence J. O'Neill, United States District Court Judge. In scheduling such motions, counsel shall comply with Fed.R.Civ.P 56 and 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 the 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 expense of briefing a summary judgment motion, and 6) arrive at a joint statement of undisputed facts.
The moving party shall initiate the meeting and provide a draft of the joint statement of undisputed facts. In addition to complying with the requirements of Local Rule 260, the moving party shall file a joint statement of undisputed facts.
In the notice of motion, the moving party shall certify that the parties have met and conferred as ordered above or set forth a statement of good cause for the failure to meet and confer.
To the extent the parties intend to file cross-motions for summary judgment, the parties shall file the motions simultaneously and then file opposition briefs three weeks later, with no reply briefs to be filed unless ordered by the Court. A hearing will be held only if ordered by the Court.
VII. Pre-Trial Conference Date
November 13, 2013, at 8:15 a.m. in Courtroom 4 before the Honorable Lawrence J. O'Neill, United States District Judge.
The parties are ordered to file a Joint Pretrial Statement pursuant
to Local Rule 281(a)(2). The parties are further directed to submit a
digital copy of their pretrial statement in Word Perfect X3*fn1
format, directly to Judge O'Neill's chambers by email at
The attention of counsel is directed to Rules 281 and 282 of the Local Rules of Practice for the Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the Court to explain the nature of the case to the jury during voir dire.
VIII. Trial Date
January 7, 2014, at 8:30 a.m. in Courtroom 4 before the Honorable Lawrence J. O'Neill, United States District Court Judge.
A. This is a Court trial.
B. Counsel's estimate of trial time: 2 days.
C. Counsel's attention is directed to Local Rules of Practice for the Eastern
District of California, Rule 285 for preparation of trial briefs.
IX. Settlement Conference
A Settlement Conference is scheduled for 5/14/2013, at 10:00 a.m. in Courtroom 7 before the Honorable Sheila K. Oberto, U.S. Magistrate Judge.
Unless otherwise permitted in advance by the Court, the attorneys who will try the case shall appear at the Settlement Conference with the parties and the person or persons having full authority to negotiate and settle the case on any terms*fn2 at the conference.
CONFIDENTIAL SETTLEMENT CONFERENCE STATEMENT At least five (5) court days prior to the Settlement Conference the parties shall submit, directly to Judge Oberto's chambers by e-mail to SKOorders@caed.uscourts.gov, a Confidential Settlement Conference Statement. The statement should not be filed with the Clerk of the Court or served on any other party; however, the parties are required to file their Notice of Submission of Settlement Conference Statement (See Local Rule 270(d)). Each statement shall be clearly marked "confidential" with the date and time of the Settlement Conference indicated prominently thereon. The parties are urged to request the return of their statement if a settlement is not achieved, and if such a request is not made, the Court will dispose of the statement.
The Confidential Settlement Conference Statement shall include the following:
A. A brief statement of the facts of the case.
B. A brief statement of the claims and defenses, i.e., statutory or
other grounds upon which the claims are founded, a forthright
evaluation of the parties' likelihood of
prevailing on the claims and defenses, and a description of the major
issues in dispute.
C. A summary of the proceedings to date.
D. An estimate of the cost and time to be expended for further discovery, pretrial and trial.
E. The relief sought.
F. The party's position on settlement, including present demands and offers and a history of past settlement discussions, offers and demands.
X. Request for Bifurcation, Appointment of Special Master, or Other Techniques to Shorten Trial Not applicable at this time.
XI. Related Matters Pending
There are no pending related matters.
XII. Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any amendments thereto. The Court must insist upon compliance with these Rules if it is to efficiently handle its increasing case load and sanctions will be imposed for failure to follow the Rules as provided in both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California.
XIII. Effect of this Order
The foregoing order represents the best estimate of the court and counsel as to the agenda most suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by subsequent status conference.
The dates set in this Order are considered to be firm and will not be modified absent a showing of good cause even if the request to modify is made by stipulation. Stipulations extending the deadlines contained herein will not be considered unless they are accompanied by affidavits or declarations, and where appropriate attached exhibits, which establish good cause for granting the relief requested.
The failure to comply with this order may result in the imposition of sanctions.
IT IS SO ORDERED.