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Schiffman v. Urbani Truffles USA, Inc.

United States District Court, E.D. California

July 11, 2017

JAY SCHIFFMAN and ANTHONY WILLIAMS, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
URBANI TRUFFLES USA, INC., Defendant.

          PRETRIAL SCHEDULING ORDER

          Troy L. Nunley, United States District Judge

         After reviewing the parties' Joint Status Report, the Court makes the following Pretrial Scheduling Order.

         I. SERVICE OF PROCESS

         All named Defendants have been served and no further service is permitted without leave of court, good cause having been shown.

         II. ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

         No joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown.

         III. JURISDICTION/VENUE

         Jurisdiction is predicated upon 28 U.S.C. § 1332 (d)(2)(A). Jurisdiction and venue are not contested.

         PHASE I - CLASS CERTIFICATION

         IV. DISCOVERY

         The 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 this Court.

         V. DISCLOSURE OF EXPERT WITNESSES

         All 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.[1] The designation shall be accompanied by a written report prepared and signed by the witness. The report shall comply with Fed.R.Civ.P. 26(a)(2)(B).

         Within 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 ...


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