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Herman D. Shead v. C/O Vang

January 16, 2013

HERMAN D. SHEAD,
PLAINTIFF,
v.
C/O VANG, DEFENDANT.



The opinion of the court was delivered by: Sheila K. Oberto United States Magistrate Judge

SCHEDULING ORDER (Fed.R.Civ.P 16) Initial Disclosures: 2/19/2013 Discovery Deadlines: Non Expert: 6/21/2013 Expert: 8/9/2013 Non-Dispositive Motion Deadlines: Filing: 8/14/2013 Dispositive Motion Deadlines: Filing: 9/30/2013 Settlement Conference: 8/13/2013, at 10:00 Courtroom 7 Pre-Trial Conference: 12/18/2013, at 8:30 a.m. Courtroom 2 Trial: 1/28/2014, at 8:30 a.m. Courtroom 2 (3-5 days)

The Court has considered the joint status conference report filed by the parties on October 5, 2012, and the trial calendar of Senior United States District Judge Anthony W. Ishii, and the following scheduling order, which supercedes the discovery and scheduling order filed on September 14, 2010, now issues.

II. 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.

III. 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 2/19/2013.

The parties are ordered to complete all discovery pertaining to non-experts on or before 6/21/2013, and all discovery pertaining to experts on or before 8/9/2013.

The parties are directed to disclose all expert witnesses, in writing, on or before 6/28/2013, and to disclose all rebuttal experts on or before 7/19/2013. 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.

IV. 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. on 8/14/2013, and heard on or before 9/11/2013. 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. 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 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 counsel 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 9/30/2013, and heard no later than 11/4/2013, in Courtroom 2, before the Honorable Anthony W. Ishii, Senior United States District Court Judge. In scheduling such motions, counsel ...


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