United States District Court, E.D. California
INITIAL PRETRIAL SCHEDULING ORDER
MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE
action is assigned to the Honorable Morrison C. England, Jr.
Pursuant to the provisions of Rule 16 of the Federal Rules of
Civil Procedure, IT IS HEREBY ORDERED:
SERVICE OF PROCESS
shall complete service of process on all parties within
ninety (90) days of the date of this Order. Concurrently with
the service of process, or as soon thereafter as possible,
plaintiff(s) shall serve upon each of the parties named in
the complaint, and upon all parties subsequently joined, a
copy of this Order, and shall file with the Clerk of the
Court a proof of service. Any party who impleads a
third-party defendant shall serve upon that party a copy of
this Order and shall file with the Clerk of the Court a proof
of service reflecting such service.
event this action was originally filed in a state court and
was thereafter removed to this Court, the removing party
shall, immediately following such removal, serve upon each of
the other parties named in the complaint and upon all parties
subsequently joined a copy of this Order. The removing party
shall also file with the Clerk of the Court a proof of
service reflecting such service.
order to assist the Court in meeting its recusal
responsibilities, any nongovernmental corporate party to this
action shall file a statement identifying all its parent
corporations and listing any publicly-held company that owns
ten percent (10%) or more of the party's stock. This
statement shall be filed no later than fourteen (14) days
after the non-governmental corporate party is served with a
copy of this Order. Thereafter, if there is any change in the
information, the party shall file and serve a supplemental
statement within a reasonable time after such change occurs.
sixty (60) days from the date of this Order the parties shall
meet and confer as required by Federal Rule of Civil
Procedure 26(f) regarding their discovery plan.
discovery, with the exception of expert discovery, shall be
completed no later than three hundred sixty-five (365) days
from the date of this Order. 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
DISCLOSURE OF EXPERT WITNESSES
counsel are to designate in writing 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
sixty (60) days after the close of discovery.
designation shall be accompanied by a written report prepared
and signed by the witness. The report shall comply with
Federal Rule of Civil Procedure 26(a)(2)(B).
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 Order.
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) good cause for the party's failure to
designate the expert witness in accordance with this Order;
(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.
purposes of this Order, an “expert” is any person
who may be used at trial to present evidence under Federal
Rules of Evidence 702, 703, and 705, 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).
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 ...