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Roberts v. Ubs Ag

United States District Court, Ninth Circuit

December 4, 2013

NADIA ROBERTS, et al., Plaintiff,
v.
UBS AG,

SCHEDULING ORDER (Fed. R. Civ. P 16)

SHEILA K. OBERTO, Magistrate Judge.

This Court conducted a scheduling conference on November 26, 2013. Counsel William King, Esq., appeared on behalf of Plaintiff. Counsel Dean Kitchens, Esq., appeared on behalf of Defendant. Pursuant to Fed.R.Civ.P. 16(b), this Court sets the following schedule for this action.

1. 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 January 31, 2013. The parties are advised that filing motions and/or stipulations requesting leave to amend the pleadings by January 31, 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).

2. Consent to the Magistrate Judge

Pursuant to 28 U.S.C. ยง 636(c), the parties have consented to conduct all further proceedings in this case, including trial, before the Honorable Sheila K. Oberto, U.S. Magistrate Judge.

3. Fed.R.Civ.P. 26(a)(1) Initial Disclosures

Initial disclosures shall be completed on or before January 10, 2013.

4. Discovery Cutoff And Limits

The parties shall file a joint mid-discovery status report on or before April 21, 2013, and the mid-discovery status conference is set for May 6, 2013, at 9:30 a.m., before the Honorable Sheila K. Oberto, United States Magistrate Judge in Courtroom 7. If the parties determine that a mid-discovery status conference is not necessary, the parties may contact Judge Oberto's Courtroom Deputy before the April 21, 2013, filing date for the mid-discovery status report and request that the May 6, 2013, status conference be taken off calendar.

The parties are ordered to complete all discovery pertaining to non-experts on or before July 18, 2013, and all discovery pertaining to experts on or before October 17, 2013.

The parties are directed to disclose all expert witnesses, in writing, on or before August 22, 2013, and to disclose all rebuttal experts on or before September 5, 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.

5. Pre-Trial Motion Schedule

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 twenty-five (25) 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 ...


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