United States District Court, E.D. California
SCHEDULING ORDER (FED. R. CIV. P. 16)
Jennifer L. Thurston United States Magistrate Judge.
Date of Scheduling Conference
Appearances of Counsel
Matthew C. Clark appeared on behalf of Plaintiff. Rayma
Church appeared on behalf of the Defendants.
Pleading Amendment Deadline
hearing, counsel agreed the complaint could be amended by
interlineation to correct the defendant's name to Jonas
Wehrle. He was previously incorrectly named as Jonas Deutch.
The Court GRANTS the oral motion to amend
the complaint by interlineation to identify this defendant by
his true name.
other requested pleading amendments are ordered to be filed,
either through a stipulation or motion to amend, no later
than September 30, 2019.
Discovery Plan and Cut-Off Date
parties are ordered to exchange the initial disclosures
required by Fed.R.Civ.P. 26(a)(1) on or before July 8, 2019.
parties are ordered to complete all discovery pertaining to
non-experts on or before April 6, 2020, and all discovery
pertaining to experts on or before June 8, 2020. Discovery
involving treating physicians may occur during the non-expert
parties are directed to disclose all expert witnesses, in
writing, on or April 20, 2020, and to disclose all rebuttal
experts on or before May 11, 2020. 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.
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
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.
mid-discovery status conference is scheduled for December 2,
2019 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.
Pre-Trial Motion Schedule
non-dispositive pre-trial motions, including any discovery
motions, shall be filed no later than June 15,
2020, and heard on or before July 13, 2020. The
Court hears non-dispositive motions at 9:00 a.m. at the
United States District Courthouse in Bakersfield, California.
motion to amend or stipulation to amend the case schedule
will be entertained unless it is filed at least one week
before the first deadline the parties wish to extend.
Likewise, no written discovery motions shall be filed without
the prior approval of the assigned Magistrate Judge. A party
with a discovery dispute must first confer with the opposing
party in a good faith effort to resolve by agreement the
issues in dispute. If that good faith effort is unsuccessful,
the moving party promptly shall seek a telephonic hearing
with all involved parties and the Magistrate Judge. It shall
be the obligation of the moving party to arrange and
originate the conference call to the court. To schedule this
telephonic hearing, the parties are ordered to contact the
Courtroom Deputy Clerk, Susan Hall, at (661) 326-6620 or via
email at SHall@caed.uscourts.gov. Counsel must comply
with Local Rule 251 with respect to discovery disputes or the
motion will be denied without prejudice and dropped from the
dispositive pre-trial motions shall be filed no later than
July 20, 2020, and heard no later than August 17, 2020,
before the Honorable Jennifer L. Thurston, United States
Magistrate Judge, at the United States District Courthouse in
Bakersfield, California. In scheduling such ...