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 July 5, 2017.
Appearances of Counsel Johnna Hansen
appeared on behalf of Plaintiff. The Court's records do
not indicate that Ms. Hansen is a member of this Court and
there is no association of counsel on file. She SHALL provide
proof of membership in this Court or apply for membership and
the plaintiff SHALL file an association of her as counsel of
record in this case, no later than July 21, 2017.
Gaddini 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 Judge.
Pleading Amendment Deadline
requested pleading amendments are ordered to be filed, either
through a stipulation or motion to amend, no later than
October 2, 2017.
Discovery Plan and Cut-Off Date
Court GRANTS in PART and DENIES in PART the request to amend
the discovery limits. Unless there is agreement of counsel,
depositions of parties SHALL NOT exceed the limits set forth
in Fed.R.Civ.P. 30(d)(1). Depositions of non-parties SHALL
NOT exceed the limits set forth in Fed.R.Civ.P. 30(d)(1)
unless authorized in advance by the Court. Each side may
propound 35 special interrogatories; each discreet subpart,
unrelated to the same topic, is counted as one interrogatory.
parties are ordered to exchange the initial disclosures
required by Fed.R.Civ.P. 26(a)(1) on or before July 14, 2017.
parties are ordered to complete all discovery pertaining to
non-experts on or before April 2, 2018, and all discovery
pertaining to experts on or before April 12, 2018.
parties are directed to disclose all expert
witnesses, in writing, on or before February 15,
2018, and to disclose all rebuttal experts on or before March
15, 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 Court excluding the testimony or other evidence offered
through such experts that are not disclosed pursuant to this
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 preclusion of expert
provisions of Fed.R.Civ.P. 26(e) regarding a party's duty
to timely supplement disclosures and responses to ...