United States District Court, E.D. California
PRETRIAL SCHEDULING ORDER
L. Nunley United States District Judge
reviewing the parties' Joint Status Report, the Court
makes the following Pretrial Scheduling Order.
SERVICE OF PROCESS
named Defendants have been served and no further service is
permitted without leave of court, good cause having been
joinder of parties or amendments to pleadings is permitted
without leave of court, good cause having been shown.
is predicated upon 28 U.S.C. §§ 1331 & 1343 and
42 U.S.C. § 1983. Jurisdiction and venue are not
discovery shall be completed by January 31, 2018. 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
request to deviate from the Federal Rules of Civil Procedure
should be made to the assigned Magistrate Judge.
DISCLOSURE OF EXPERT WITNESSES
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 March 30, 2018. The designation shall be
accompanied by a written report prepared and signed by the
witness. The report shall comply with Fed.R.Civ.P.
twenty (20) 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.
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.
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.
purposes of this Pretrial 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).
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.
designating percipient experts must state in the designation
who is responsible for arranging ...