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Philbrick v. Best Time RV, L.P.

United States District Court, E.D. California

July 2, 2019

TERRY PHILBRICK, Plaintiff,
v.
BEST TIME RV, L.P., Defendant.

          SCHEDULING ORDER (FED. R. CIV. P. 16)

          Jennifer L. Thurston United States Magistrate Judge.

         I. Date of Scheduling Conference

         July 1, 2019.

         II. Appearances of Counsel

          Matthew C. Clark appeared on behalf of Plaintiff. Rayma Church appeared on behalf of the Defendants.

         III. Pleading Amendment Deadline

         At the 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.

         Any other requested pleading amendments are ordered to be filed, either through a stipulation or motion to amend, no later than September 30, 2019.

         IV. Discovery Plan and Cut-Off Date

         The parties are ordered to exchange the initial disclosures required by Fed.R.Civ.P. 26(a)(1) on or before July 8, 2019.

         The 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 discovery period.

         The 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.

         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 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.

         V. Pre-Trial Motion Schedule

         All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later than June 15, 2020[1], 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.

         No 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 Court's calendar.

         All 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 ...


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