United States District Court, E.D. California
ORDER SETTING MANDATORY SCHEDULING
CONFERENCE
ERICA
P. GROSJEAN U.S. MAGISTRATE JUDGE
Rule
16(b)(2) of the Federal Rules of Civil Procedure ("Fed.
R. Civ. P.") requires the Court to enter a Scheduling
Conference Order.[1] Therefore, it is ordered that all parties
attend a formal Scheduling Conference before United States
Magistrate Judge Erica P. Grosjean, in Courtroom 10 at the
United States Courthouse, 2500 Tulare Street, Fresno, CA
93721.
Appearance
at Scheduling Conference
Attendance
at the Scheduling Conference is mandatory for all
parties. Parties may appear by their counsel, if represented.
If a party is not represented by counsel, they must appear
personally at the Scheduling Conference. Telephonic
appearances are not available for pro se parties,
i.e., those not represented by counsel. Trial counsel
should participate in this Scheduling Conference whenever
possible. Additionally, although not required, local counsel
are encouraged to personally appear at the scheduling
conference.
If one
or more parties are represented by counsel and wish to appear
telephonically, counsel shall contact Michelle Rooney,
Courtroom Deputy Clerk, at (559) 499-5962 sufficiently in
advance of the conference so that a notation can be placed on
the Court's calendar. Additionally, counsel are directed
to indicate on the face page of their Joint Scheduling Report
that the conference will be telephonic. If the parties are
appearing telephonically, each party shall dial 1- (888)
251-2909 and enter access code 1024453.
Joint
Scheduling Report
A Joint
Scheduling Report, carefully prepared and executed by all
counsel shall be electronically filed in CM/ECF, one (1) full
week prior to the Scheduling Conference and shall be emailed
in Word format to epgorders@caed.uscourts.gov. The
Joint Scheduling Report shall indicate the date, time, and
courtroom of the Scheduling Conference. This information is
to be placed opposite the caption on the first page of the
Report.
At
least twenty (20) days prior to the Mandatory Scheduling
Conference, trial counsel for all parties shall conduct a
conference at a mutually agreed upon time and place. This
should preferably be a personal conference between all
counsel but a telephonic conference call involving all
counsel/pro se parties is permissible. The Joint Scheduling
Report shall contain the following items by corresponding
numbered paragraphs:
1. Summary of the factual and legal contentions set forth in
the pleadings of each party, including the relief sought by
any party presently before the Court.
2. Summary of major disputed facts and contentions of law.
3. A proposed deadline for amendments to pleadings. Any
proposed amendment to the pleadings shall be referenced in
the Scheduling Conference Report. If the matter cannot be
resolved at the Scheduling Conference, the moving party shall
file a motion to amend in accordance with the Local Rules of
the Eastern District of California.
4. The status of all matters which are presently set before
the Court, e.g., hearings of motions, etc.
5. A complete and detailed discovery plan addressing the
following issues and proposed dates:
a. A date for the exchange of initial disclosures required by
Fed.R.Civ.P. 26(a)(1) or a statement that disclosures have
already been exchanged;
b. A firm cut-off date for non-expert discovery. When setting
this date, the parties are advised that motions to compel
must be filed and heard sufficiently in advance of the
deadlines so that the Court may grant effective relief within
the allotted discovery time. The Court recommends this date
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