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Moran v. FCA U.S. LLC

United States District Court, S.D. California

July 8, 2019

ALFONSO MORAN, ARLENE MORAN, on behalf of themselves and those similarly situated, Plaintiffs,
v.
FCA U.S. LLC, a Delaware limited liability company, Defendant.

          AMENDED SCHEDULING ORDER REGULATING DISCOVERY AND OTHER PRE-TRIAL PROCEEDINGS IN A CLASS ACTION CASE [ECF 53]

          HON. MITCHELL D. DEMBIN, UNITED STATES MAGISTRATE JUDGE

         On June 26, 2019, the parties filed a joint motion to extend the deadlines for class discovery cut-off and for the filing of Plaintiff's class certification motion. (ECF 53). The Court finds good cause to extend the two requested dates. Accordingly, IT IS HEREBY ORDERED:

         1. The parties must review and familiarize themselves with the Civil Local Rules of this District ("Local Rules"), the Electronic Case Filing Administrative Policies and Procedures ("CM/ECF Manual"), the Chambers Rules for Civil Cases issued by the Hon. Gonzalo Curiel, and the undersigned Magistrate Judge's Chambers Rules ("Chambers Rules"), all of which are posted on this District's website.

         Class Related Deadlines

         2. Class discovery cutoff is November 15, 2019.

         3. Deadline to file class certification motion is December 19, 2019.

         Discovery

         4. All fact discovery shall be completed by all parties no later than March 20, 2020. “Completed” means that all discovery under Rules 30-36, and discovery subpoenas under Rule 45, [1] 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. Counsel shall promptly and in good faith meet and confer with regard to all discovery disputes in compliance with Local Rule 26.1(a). Counsel shall 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 Chambers Rules.

         5. No later than May 20, 2020, each party shall comply with Rule 26(a)(2)(A) and (B) disclosure provisions. This disclosure requirement applies to all persons retained or specially employed to provide expert testimony, or whose duties as a party's employee regularly involve giving expert testimony.

         6. No later than June 3, 2020, the parties shall supplement their disclosures regarding contradictory or rebuttal evidence under Rule 26(a)(2)(D).

         7. All expert discovery shall be completed by all parties no later than July 1, 2020. The parties shall comply with the same procedures set forth in the paragraph governing fact discovery.

         8. Failure to comply with this section or any other discovery order of the court may result in Rule 37 sanctions, including preclusion of expert or other designated evidence.

         Mandatory Settlement Conference

         9. A Mandatory Settlement Conference shall be conducted July 15, 2020 at 9:30AM in the chambers of Magistrate Judge Mitchell D. Dembin. Counsel or any party representing himself or herself shall submit confidential settlement briefs directly to chambers no later than July 8, 2020. All named parties, all counsel, and any other persons whose ...


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