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Stevens v. Action Property Management, Inc.

United States District Court, S.D. California

May 29, 2018

Cayce STEVENS, Plaintiff,
v.
ACTION PROPERTY MANAGEMENT, INC. et al., Defendants., CASE MANAGEMENT SCHEDULE Event Deadline DISCOVERY LIMITATIONS

          NOTICE AND ORDER: (1) FOR EARLY NEUTRAL EVALUATION AND (2) SETTING RULE 26 COMPLIANCE AND CASE MANAGEMENT CONFERENCE

          Hon. Jill L. Burkhardt United States Magistrate Judge

         An Early Neutral Evaluation and Case Management Conference will be held in the Chambers of Magistrate Judge Andrew G. Schopler on July 23, 2018, at 9:00 a.m. Notwithstanding the pendency of any motion, the parties must timely comply with the following dates, deadlines, and mandatory instructions:

         1. Directions to Chambers:

         Judge Schopler's Chambers are located at the Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Fifth Floor, San Diego, California 92101. Do not report to Courtroom 5C; report to Chambers. In order to gain access to Chambers, the parties should take the elevator to the 5th Floor, turn to face the wooden double doors (labeled “Authorized Personnel Only” and “5150”), and press the wall buzzer labeled#15 JUDGE SCHOPLER.”

         2. Notice of Specific Settlement Impediments:

         If either party identifies a specific impediment to meaningful settlement discussions-for instance, a need to investigate an accident site or take a specific individual's deposition-it shall so inform the Court at the earliest possible opportunity, but no later than the deadline for the Joint Discovery Plan and ENE statement. The Court may then set a telephonic status conference to discuss the matter or take other action.

         3. Mandatory Personal Appearances:

         All parties, adjusters for insured defendants, the principal attorneys, and any other party representatives with settlement authority must be present in person and prepared to discuss settlement. Counsel appearing without their clients (whether or not counsel has been given settlement authority) will be cause for imposition of sanctions. Government entities are excused from this requirement, so long as their attorney appears, has primary responsibility for the case, and the power to recommend a resolution to the ultimate settlement authority. Any principal attorneys who are not already listed on the docket as an “ATTORNEY TO BE NOTICED, ” shall file their appearances as soon as possible. Counsel for any non-English-speaking parties are responsible for supplying any interpreters.

         4. ENE Statements Required:

         By the below-listed date, the parties shall email efile_schopler@casd.uscourts.gov with their ENE statements, which shall be no longer than five pages. Each statement must outline the nature of the case, the claims, the defenses, the parties' settlement positions, and all ENE attendees for that side, including their names, titles, and positions. The settlement position must include a specific and current demand or offer addressing all relief or remedies sought. If a specific demand or offer cannot be made, then the reasons for this must be set forth. If exhibits are attached and the total submission amounts to more than 20 pages, a courtesy hard copy must also be delivered directly to Chambers. At their discretion, the parties may choose to share their statements with opposing counsel or to keep them confidential.

         5. Case Management:

         A Joint Discovery Plan must be filed on the CM/ECF system as well as lodged with Judge Schopler by emailing the Plan to efile_schopler@casd.uscourts.gov as set out below. If the Plan with its attachments exceeds 20 pages, a courtesy paper copy must be delivered to Judge Schopler's Chambers. If the parties wish to modify the tentative discovery dates or limitations listed below (confirmed dates are boldfaced; tentative dates are not), the Plan must set forth case-specific good cause for the proposed modifications.

         CASE MANAGEMENT SCHEDULE

CASE MANAGEMENT SCHEDULE
Event
Deadline

Rule 26(f) Conference

June 8, 2018

Rule 26 Initial Disclosures

July 11, 2018

Joint Discovery Plan

July 16, 2018

ENE Statements

July 16, 2018

ENE and CMC

July 23, 2018, at 9:00 a.m.

Motions to Amend

August 23, 2018

Expert Witness Designations and Disclosures

November 16, 2018

Rebuttal Expert Witness Designations and Disclosures

December 21, 2018

Fact Discovery Completion

January 23, 2019

Expert Discovery Completion

January 23, 2019

MSC Statements

February 6, 2019

Mandatory Settlement Conference

February 13, 2019

Pretrial Motions

February 27, 2019

Rule 26(a)(3) Disclosures

May 31, 2019

Meet and Confer on the PTO

June 7, 2019

Draft PTO to Defense Counsel

June 14, 2019

Lodge PTO

June 21, 2019

Final Pretrial Conference

June 28, 2019, at 8:30 a.m.
DISCOVERY LIMITATIONS

Discovery Type

Restriction (Per Side)

Depositions

No more than 5

Requests for Admission

No more than 10

Interrogatories

No more than 15

Requests to Produce Documents

No more than 15

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