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Trujillo v. Dann's Discount Auto Sales, Inc.

United States District Court, E.D. California

April 3, 2017

JOSE TRUJILLO, Plaintiff,
v.
DANN'S DISCOUNT AUTO SALES, INC., Defendants.

          SCHEDULING ORDER (FED. R. CIV. P. 16)

         I. Date of Scheduling Conference

         The Scheduling Conference was held on March 28, 2017.

         II. Appearances of Counsel

         Zachary Best telephonically appeared on behalf of Plaintiff. Erica Rosasco telephonically appeared on behalf of Defendants.

         III. Consent to Magistrate Judge

         The parties have consented to proceed before a United States magistrate judge.

         IV. Initial Disclosure under Fed.R.Civ.P. 26(a)(1)

         The Parties are ordered to exchange the initial disclosures required by Fed.R.Civ.P. 26(a)(1) on or before April 4, 2017.

         V. Amendments to Pleading

         The parties are advised that filing motions and/or stipulations requesting leave to amend the pleadings 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).

         VI. Discovery Plan and Cut-Off Dates

         The parties are ordered to complete all non-expert discovery on or before October 27, 2017 and all expert discovery on or before January 19, 2018.

         The parties are directed to disclose all expert witnesses, in writing, on or before November 13, 2017 and to disclose all supplemental experts on or before November 27, 2017. The written designation of retained and non-retained experts shall be made pursuant to Fed.R.Civ.P. 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 the experts that are not properly disclosed in compliance with 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 the exclusion of their testimony.

         The provisions of Fed.R.Civ.P. 26(e) regarding a party's duty to timely supplement disclosures and responses to ...


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