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O'Neill v. Bluestem Brands, Inc.

United States District Court, E.D. California

July 19, 2016



         An initial scheduling conference was held in this case on July 7, 2016. Rachel Stevens appeared for plaintiff; there was no appearance for defendant.

         On July 7, 2016, Connie Y. Techeng, attorney of record for defendant, filed a declaration informing the court she was out of the office and inadvertently miscalendared the date for the scheduling conference. Ms. Techeng also confirms the joint status report submitted by the parties on June 14, 2016, accurately represents defendant’s position in this matter. The court acknowledges counsel’s representation and no order to show cause will issue. However, counsel is cautioned that failure to appear when required, or failure to comply with all orders of this court in the future, may be met with sanctions.

         Having reviewed the parties’ Joint Status Report and discussed a schedule for the case with plaintiff’s counsel at the hearing, the court makes the following orders:


         All named defendants have been served and no further service is permitted without leave of court, good cause having been shown.


         No further joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).


         Jurisdiction is predicated upon 28 U.S.C. § 1331. Jurisdiction and venue are not disputed.

         IV. DISCOVERY

         Initial disclosures as required by Federal Rule of Civil Procedure 26(a) shall be completed within fourteen days of the scheduling conference. All discovery shall be completed by January 6, 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. While the assigned magistrate judge reviews proposed discovery phase protective orders, requests to seal or redact are decided by Judge Mueller as discussed in more detail below. In addition, while the assigned magistrate judge handles discovery motions, the magistrate judge cannot change the schedule set in this order, even in connection with a discovery matter.


         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 October 20, 2016. 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). By November 3, 2016, any party who previously disclosed expert witnesses may submit a supplemental list of expert witnesses who will express an opinion on a subject covered by an expert designated by an adverse party, if the party supplementing an expert witness designation has not previously retained an expert to testify on that subject. The supplemental designation shall be accompanied by a written report, which shall also comply with the conditions stated above.

         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 counsel were promptly notified upon discovery of the witness; and (c) that the witness was promptly made available for deposition.

         For purposes of this scheduling order, an “expert” is any person who may be used at trial to present evidence under Rules 702, 703 and 705 of the Federal Rules of Evidence, which include both “percipient experts” (persons who, because of their expertise, have rendered expert opinions in the normal course of their work duties or observations pertinent to the issues in the case) and “retained experts” (persons specifically designated by a party to be a testifying expert for the purposes of litigation). A party shall identify whether a disclosed expert is percipient, retained, or both. It will be assumed that a party designating a retained expert has acquired the express permission of the witness to be so listed. Parties designating percipient experts must state in the designation who is responsible for arranging the deposition of such persons.

         All experts designated are to be fully prepared at the time of designation to render an informed opinion, and give the bases for their opinion, so that they will be able to give full and complete testimony at any deposition taken by the opposing party. Experts will not be permitted to testify at trial as to any information gathered or evaluated, or opinion formed, after deposition taken subsequent to designation. All expert discovery shall be completed by January 6, 2017.


         All dispositive motions, except motions for continuances, temporary restraining orders or other emergency applications, shall be heard no later than February 10, 2017.[1] The parties may obtain available hearing dates by checking Judge Mueller’s page on the court’s website.

         All purely legal issues are to be resolved by timely pretrial motions. Local Rule 230 governs the calendaring and procedures of civil ...

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