United States District Court, E.D. California
JAY SCHIFFMAN and ANTHONY WILLIAMS, on behalf of themselves and all others similarly situated, Plaintiffs,
URBANI TRUFFLES USA, INC., Defendant.
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. § 1332 (d)(2)(A).
Jurisdiction and venue are not contested.
I - CLASS CERTIFICATION
Court having considered the parties' positions finds that
bifurcation is necessary in order to best determine if the
elements of class certification are met. Accordingly, the
Court hereby bifurcates the discovery process. All discovery
in Phase I shall be limited to facts that are relevant to
whether this action should be certified as a class action and
shall be completed by January 12, 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
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 class
certification not later than February 12, 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. The right to
designate a supplemental expert for rebuttal purposes only
shall apply to a party who has not previously disclosed ...