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Beavers v. New Penn Financial, LLC

United States District Court, E.D. California

March 29, 2018

KENNETH G. BEAVERS, Plaintiff,
v.
NEW PENN FINANCIAL, LLC, et al., Defendants.

         Discovery Deadlines: Initial Disclosures: 6/15/2018[1] Non-Expert: 11/19/2018 Expert: 12/17/2018 Mid-Discovery Status Conference: 7/30/2018 at 8:30 a.m. Non-Dispositive Motion Deadlines: Filing: 1/28/2019 Hearing: 2/25/2019 Dispositive Motion Deadlines: Filing: 3/8/2019 Hearing: 4/12/2019 Pre-Trial Conference: 5/20/2019 at 10:00 a.m. 510 19th Street, Bakersfield, CA Trial: 7/15/2019 at 8:30 a.m. 510 19th Street, Bakersfield, CA Jury trial: 2 days Settlement Conference: 5/10/2018, 1 p.m. Robert E. Coyle Federal Courthouse, Fresno, CA, Courtroom 10

          SCHEDULING ORDER (Fed. R. Civ. P. 16)

          JENNIFER L. THURSTON, UNITED STATES MAGISTRATE JUDGE

         I. Date of Scheduling Conference March 27, 2018.

         II. Appearances of Counsel Plaintiff appeared on his own behalf.

         Preston Ascherin appeared on behalf of Defendants.

         III. Pleading Amendment

         The pleadings in this action were settled through motions to dismiss, and Plaintiff's desire to proceed upon a single cause of action. No further amendments to the pleadings are contemplated.

         IV. Fictitiously-Named Defendants

         All claims as to “Doe” Defendants, including any counterclaims and cross-claims, are hereby DISMISSED.

         V. Discovery Plan and Cut-Off Date

         The parties are ordered to exchange the initial disclosures required by Fed.R.Civ.P. 26(a)(1) within three weeks of the completion of the settlement conference but no later than June 15, 2018.

         The parties are ordered to complete all discovery pertaining to non-experts on or before November 19, 2018, and all discovery pertaining to experts on or before December 17, 2018.

         The parties are directed to disclose all expert witnesses, in writing, on or November 19, 2018, and to disclose all rebuttal experts on or before December 5, 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 order.

         The 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 testimony.

         The provisions of Fed.R.Civ.P. 26(e) regarding a party's duty to timely supplement disclosures and responses to discovery requests will be strictly enforced.

         A mid-discovery status conference is scheduled for July 30, 2018 at 8:30 a.m. before the Honorable Jennifer L. Thurston, U.S. Magistrate Judge, located at 510 19th Street, Bakersfield, California. Counsel SHALL file a joint mid-discovery status conference report one week before the conference. Counsel also SHALL lodge the status report via e-mail to JLTorders@caed.uscourts.gov. The joint statement SHALL outline the discovery counsel have completed and that which needs to be completed as well as any impediments to completing the discovery within the deadlines set forth in this order. Counsel may appear via teleconference by dialing (888) 557-8511 and entering Access Code 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written notice of the intent to appear telephonically no later than five court days before the noticed hearing date.

         VI. Pre-Trial ...


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