United States District Court, E.D. California
SCHEDULING ORDER (FED. R. CIV. P. 16)
JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE.
Date of Scheduling Conference
Appearances of Counsel
Hamblin appeared on behalf of Plaintiff.
Livedalen appeared on behalf of Defendant.
Magistrate Judge Consent:
of Congested Docket and Court Policy of
the District Judges' heavy caseload, the newly adopted
policy of the Fresno Division of the Eastern District is to
trail all civil cases. The parties are hereby notified that
for a trial date set before a District Judge, the parties
will trail indefinitely behind any higher priority criminal
or older civil case set on the same date until a courtroom
becomes available. The trial date will not be reset to a
Magistrate Judges' availability is far more realistic and
accommodating to parties than that of the U.S. District
Judges who carry the heaviest caseloads in the nation and who
must prioritize criminal and older civil cases over more
recently filed civil cases. A United States Magistrate Judge
may conduct trials, including entry of final judgment,
pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil
Procedure 73, and Local Rule 305. Any appeal from a judgment
entered by a United States Magistrate Judge is taken directly
to the United States Court of Appeal for the Ninth Circuit.
Fresno Division of the Eastern District of California,
whenever possible, is utilizing United States Article III
District Court Judges from throughout the nation as Visiting
Judges. Pursuant to the Local Rules, Appendix A, such
reassignments will be random, and the parties will receive no
advance notice before their case is reassigned to an Article
III District Court Judge from outside of the Eastern District
the parties are directed to consider consenting to Magistrate
Judge jurisdiction to conduct all further proceedings,
including trial. Within 10 days of the date of this
order, counsel SHALL file a consent/decline form (provided by
the Court at the inception of this case) indicating whether
they will consent to the jurisdiction of the Magistrate
Motion to Remand
motion to remand by Plaintiff SHALL be filed by June 5, 2017,
and set before the Honorable Dale A. Drozd, United States
District Court Judge.
Pleading Amendment Deadline
requested pleading amendments are ordered to be filed, either
through a stipulation or motion to amend, no later than
August 14, 2017. Any motion to amend the pleadings shall be
heard by the Honorable Dale A. Drozd, United States District
Discovery Plan and Cut-Off Date
parties are ordered to exchange the initial disclosures
required by Fed.R.Civ.P. 26(a)(1) on or before May 19, 2017.
parties are ordered to complete all discovery pertaining to
non-experts on or before March 23, 2018 and all discovery
pertaining to experts on or before June 11, 2018.
SHALL take the depositions of relevant witnesses in each of
the related cases only one time unless both sides agree to
deviate. If the deponent will offer testimony as to the
unique facts of more than one of the related cases, the party
taking the deposition will be entitled to extend the
deposition beyond seven hours. However, counsel SHALL meet in
advance to come to agreement as to how much additional time
will be permitted.
parties are directed to disclose all expert
witnesses in writing on or before April 9, 2018, and
to disclose all rebuttal experts on or before May 14, 2018.
The written designation of retained and non-retained experts
shall be made pursuant to Fed.R.Civ.P. Rule 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 ...