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Move, Inc. v. Hire a Helper LLC

United States District Court, S.D. California

November 16, 2017

Move, Inc., et al., Plaintiffs,
v.
Hire a Helper LLC, et al., Defendants.

          ORDER: (1) GRANTING IN PART AND DENYING IN PART EX PARTE MOTION TO EXTEND FACT DISCOVERY; AND (2) AMENDING THE SCHEDULING ORDER [ECF NOS. 43, 59]

          HON. JILL L. BURKHARDT, UNITED STATES MAGISTRATE JUDGE

         Plaintiff's Ex Parte Motion to Extend Fact Discovery (ECF No. 59) is GRANTED IN PART AND DENIED IN PART. The operative scheduling order (ECF No. 43) IS AMENDED and IT IS HEREBY ORDERED:

         1. Counsel[1] shall refer to the Judge Bencivengo's Chambers Rules for Civil Cases, which is accessible via the Court's website at www.casd.uscourts.gov.

         2. The deadline for any motion to join other parties, to amend the pleadings, or to file additional pleadings was and remains September 5, 2017.

         3. Plaintiff(s) (or the party(ies) having the burden of proof on any claim) shall serve on all parties a list of experts whom that party expects to call at trial on or before February 9, 2018. Defendant(s) (or the party(ies) defending any claim, counterclaim, crossclaim, or third party claim) shall serve on all parties a list of experts whom that party expects to call at trial on or before February 9, 2018. On or before March 2, 2018, any party may supplement its designation in response to any other party's designation, so long as that party has not previously retained an expert to testify on that subject. Expert designations shall include the name, address, and telephone number of each 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.

         The parties must identify any person who may be used at trial to present evidence pursuant to Rules 702, 703 or 705 of the Federal Rules of Evidence. This requirement is not limited to retained experts.

         Please be advised that 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 evidence.

         4. All expert disclosures required by Fed.R.Civ.P. 26(a)(2) shall be served on all parties on or before February 9, 2018. Any contradictory or rebuttal information shall be disclosed on or before March 2, 2018. In addition, Fed.R.Civ.P. 26(e)(1) imposes a duty on the parties to supplement the expert disclosures made pursuant to Fed.R.Civ.P. 26(a)(2)(B) by the time that pretrial disclosures are due under Fed.R.Civ.P. 26(a)(3) (discussed below). 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.

         Please be advised that 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 evidence.

         5. All discovery, including expert discovery, shall be completed by all parties by March 16, 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. Counsel shall promptly and in good faith meet and confer with regard to all discovery disputes in compliance with Local Rule 26.1(a). The Court expects counsel to make every effort to resolve all disputes without court intervention through the meet and confer process. If the parties reach an impasse on any discovery issue, counsel shall file an appropriate motion within the time limit and procedures outlined in the undersigned magistrate judge's chambers rules. 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 the court.

         Discovery motions must be filed in the time and manner directed by Magistrate Judge Burkhardt (see Judge Burkhardt's Civil Chambers Rules on Discovery Disputes available on the Court's website). 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 (and any unrepresented parties) have met and conferred to resolve the dispute and complied with Section IV.B. of Judge Burkhardt's Civil Chambers Rules.

         6. All pre-trial motions, other than Daubert motions, motions to amend or join parties, or motions in limine, shall be filed on or before April 6, 2018. All Daubert motions shall be filed on or before April 6, 2018. Counsel for the moving party shall set the motion date on the date that is 35 days from the date the motion is filed. Parties intending to file a motion shall not contact Judge Bencivengo's chambers for a hearing date. The parties should review Judge Bencivengo's chambers rules for civil cases for the additional requirements for noticed motions before Judge Bencivengo.

         Pursuant to Local Rule 7.1.f.3.c, if an opposing party fails to file opposition papers in the time and manner required by Local Rule 7.1.e.2, that failure may constitute a consent to the granting of a motion or other request for ruling by the Court. Accordingly, all parties are ordered to abide by the terms of Local Rule 7.1.e.2 or otherwise face the prospect of any pretrial motion being granted as an unopposed motion pursuant to Local Rule 7.1.f.3.c.

         7. A Mandatory Settlement Conference shall be conducted on May 17, 2018 at 1:45 PM in the Chambers of Magistrate Judge Jill L. Burkhardt, Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Suite 5140, San Diego, California 92101. Counsel shall lodge confidential settlement briefs directly to chambers by May 7, 2018. All ...


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