United States District Court, S.D. California
SCHEDULING ORDER REGULATING DISCOVERY AND OTHER
BARBARA L. MAJOR, UNITED STATES MAGISTRATE JUDGE
November 3, 2017, the Court held a
telephonic Early Neutral Evaluation Conference
(“ENE”) in the above-entitled action. ECF No. 20.
Settlement of the case could not be reached during the ENE
and the Court therefore conducted a Case Management
Conference pursuant to Rule 16.1(d) of the Local Rules. After
consulting with the attorneys of record for the parties and
being advised of the status of the case, and good cause
appearing, IT IS HEREBY ORDERED:
Court will hold a telephonic,
attorneys-only, Case Management Conference
(“CMC”) on November 21,
2017 at 2:00 p.m. The
Court will initiate the call.
parties shall file a joint motion for a protective order,
which includes the terms of their agreement for handling
confidential documents and information, on or before
November 27, 2017.
motion to join other parties, to amend the pleadings, or to
file additional pleadings shall be filed by
January 5, 2018.
fact discovery shall be completed by all parties on or before
April 6, 2018.
"Completed" means that all discovery under Rules
30-36 of the Federal Rules of Civil Procedure, and discovery
subpoenas under Rule 45, must be initiated a sufficient
period of time in advance of the cut-off date, so that it
may be completed by the cut-off date, taking into
account the times for service, notice, and response as set
forth in the Federal Rules of Civil Procedure.
shall promptly and in good faith meet and confer with regard
to all discovery disputes in compliance with Federal Rule of
Civil Procedure 37(a)(1) and Civil Local Rule 26.1(a). All
discovery motions must be filed within 30 days of the service
of an objection, answer or response which becomes the subject
of dispute or the passage of a discovery due date without
response or production, and only after counsel have met and
conferred and have reached impasse with regard to the
particular issue. The Court's procedures for resolving
discovery disputes are set forth in Magistrate Judge Barbara
L. Major's Civil Chambers Rules, which are posted on the
Court's website. A failure to comply in this
regard will result in a waiver of a party's discovery
issue. Absent an order of the court, no stipulation
continuing or altering this requirement will be recognized by
parties shall designate their respective experts in writing
by May 4, 2018. The parties must
identify any person who may be used at trial to present
evidence pursuant to Rules 702, 703 or 705 of the Fed.R.Evid.
This requirement is not limited to retained experts. The date
for exchange of rebuttal experts shall be by June
1, 2018. The written designations shall include
the name, address and telephone number of the expert and a
reasonable summary of the testimony the expert is expected to
provide. The list shall also include the normal rates the
expert charges for deposition and trial testimony.
May 4, 2018, each party shall
comply with the disclosure provisions in Rule 26(a)(2)(A) and
(B) of the Federal Rules of Civil Procedure. This disclosure
requirement applies to all persons retained or specially
employed to provide expert testimony, or whose duties as an
employee of the party regularly involve the giving of expert
testimony. Except as provided in the paragraph below,
any party that fails to make these disclosures shall not,
absent substantial justification, be permitted to use
evidence or testimony not disclosed at any hearing or at the
time of trial. In addition, the Court may impose sanctions as
permitted by Fed.R.Civ.P. 37(c).
party shall supplement its disclosure regarding contradictory
or rebuttal evidence under Fed.R.Civ.P. 26(a)(2)(D) by
June 1, 2018.
expert discovery shall be completed by all parties by
June 29, 2018. The parties shall
comply with the same procedures set forth in the paragraph
governing fact discovery.
Failure to comply with this section or any other discovery
order of the court may result in the sanctions provided for
in Fed.R.Civ.P. 37, including a prohibition on the
introduction of experts or other designated matters in
other pretrial motions must be filed by July 27,
2018. Counsel for the moving party must obtain
a motion hearing date from the law clerk of the judge who
will hear the motion. The period of time between the date you
request a motion date and the hearing date may vary from one
district judge to another. Please plan accordingly. Failure
to make a timely request for a motion date may result in the
motion not being heard. Motions in limine are to be filed as
directed in the Local Rules, or as otherwise set by the
Mandatory Settlement Conference shall be conducted on
September 20, 2018 at
1:30 p.m. in the chambers of
Magistrate Judge Barbara L. Major located at 333
West Broadway, Suite 1110, San Diego, CA 92101.
All discussions at the Mandatory Settlement Conference will
be informal, off the record, privileged, and confidential.
Counsel for any non-English ...