United States District Court, E.D. California
SCHEDULING ORDER (FED. R. CIV. P. 16)
Date of Scheduling Conference
Scheduling Conference was held on March 28, 2017.
Appearances of Counsel
Best telephonically appeared on behalf of Plaintiff. Erica
Rosasco telephonically appeared on behalf of Defendants.
Consent to Magistrate Judge
parties have consented to proceed before a United States
Initial Disclosure under Fed.R.Civ.P.
Parties are ordered to exchange the initial disclosures
required by Fed.R.Civ.P. 26(a)(1) on or before April 4, 2017.
Amendments to Pleading
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).
Discovery Plan and Cut-Off Dates
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.
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.
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
provisions of Fed.R.Civ.P. 26(e) regarding a party's duty
to timely supplement disclosures and responses to ...