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C&C Properties, Inc. v. Shell Pipeline Co.

United States District Court, E.D. California

June 21, 2016

C&C PROPERTIES, INC., et al., Plaintiffs,
v.
SHELL PIPELINE COMPANY, et al., Defendants.

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

          JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE

         I. Date of Scheduling Conference

         June 21, 2016.

         II. Appearances of Counsel

         Thomas Vogele appeared on behalf of Plaintiffs.

         Kevin Day appeared on behalf of Defendant Shell Pipeline.

         III. Pleading Amendment Deadline

         Any requested pleading amendments are ordered to be filed, either through a stipulation or motion to amend, no later than August 15, 2016. If the parties file a motion for leave to amend, the matter shall be set before the Honorable Dale A. Drozd.

         IV. Discovery Plan and Cut-Off Date

          The parties anticipate the need for a protective order. Counsel SHALL meet and confer to draft a stipulated protective order to address the parties' concerns. Counsel for defendants SHALL provide a draft protective order to Mr. Vogele no later than July 1, 2016. The stipulated protective order SHALL be filed no later than July 29, 2016.

         The parties are ordered to exchange the initial disclosures required by Fed.R.Civ.P. 26(a)(1) on or before July 11, 2016.

         The parties are ordered to complete all discovery pertaining to non-experts on or before December 16, 2016, and all discovery pertaining to experts on or before January 16, 2017.

         The parties are directed to disclose all expert witnesses, in writing, on or before November 21, 2016, and to disclose all rebuttal experts on or before December 19, 2016. 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.

         A mid-discovery status conference is scheduled for October 19, 2016 at 9:00 a.m. before the Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, California. Counsel SHALL file a joint mid-discovery status conference report one week before the conference. Counsel also SHALL lodge the status report via e-mail to JLTorders@caed.uscourts.gov. The joint statement SHALL outline the discovery counsel have completed and that which needs to be completed as well as any impediments to completing the discovery within the deadlines set forth in this order. Counsel may appear via CourtCall, providing a written notice of the intent to appear telephonically is provided to the Magistrate Judge's Courtroom Deputy Clerk no later than five court days before the noticed hearing date.

         V. Pre-Trial Motion Schedule

         All non-dispositive pre-trial motions shall be filed no later than February 3, 2017, and heard on or before March 3, 2017. Non-dispositive motions related to the case schedule and discovery disputes shall heard before ...


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