United States District Court, E.D. California
GOLDEN STATE TRUCK SALES, INC., a California corporation, et al., Plaintiffs,
v.
BAY TRAILER SALES, LLC., a Virginia limited liability company, et al., Defendants.
PRETRIAL SCHEDULING ORDER
MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE.
After
reviewing the parties’ Joint Status Report, the Court
makes the following Pretrial Scheduling Order.
I.
SERVICE OF PROCESS
All
named Defendants have been served and no further service is
permitted without leave of court, good cause having been
shown.
II.
ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS
No
joinder of parties or amendments to pleadings is permitted
without leave of court, good cause having been shown.
III.
JURISDICTION/VENUE
Jurisdiction
is predicated upon 28 U.S.C. section 1332. Jurisdiction and
venue are not contested.
IV.
DISCOVERY
All
discovery, with the exception of expert discovery, shall be
completed by February 13, 2017. In this
context, “completed” means that all discovery
shall have been conducted so that all depositions have been
taken and any disputes relative to discovery shall have been
resolved by appropriate order if necessary and, where
discovery has been ordered, the order has been obeyed. All
motions to compel discovery must be noticed on the magistrate
judge’s calendar in accordance with the local rules of
this Court.
V.
DISCLOSURE OF EXPERT WITNESSES
All
counsel are to designate in writing, file with the Court, and
serve upon all other parties the name, address, and area of
expertise of each expert that they propose to tender at trial
not later than April 13, 2017.[1] The designation shall be
accompanied by a written report prepared and signed by the
witness. The report shall comply with Fed.R.Civ.P.
26(a)(2)(B).
Within
thirty (30) days after the designation of expert witnesses,
any party may designate a supplemental list of expert
witnesses who will express an opinion on a subject covered by
an expert designated by an adverse party. The right to
designate a supplemental expert for rebuttal purposes only
shall apply to a party who has not previously disclosed an
expert witness on the date set for expert witness disclosure
by this Pretrial Scheduling Order.
Failure
of a party to comply with the disclosure schedule as set
forth above in all likelihood will preclude that party from
calling the expert witness at the time of trial. An expert
witness not appearing on the designation will not be
permitted to testify unless the party offering the witness
demonstrates: (a) that the necessity for the witness could
not have been reasonably anticipated at the time the list was
proffered; (b) that the Court and opposing ...