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Montoya v. Atlantic Plant Maintenance, Inc.

United States District Court, E.D. California

July 11, 2019

MANUEL MONTOYA, Plaintiff,
v.
ATLANTIC PLANT MAINTENANCE, INC., Defendant.

          SCHEDULING ORDER [1] (FED. R. CIV. P. 16)

          Jennifer L. Thurston United States Magistrate Judge.

         I. Pleading Amendment Deadline

         Any requested pleading amendments are ordered to be filed, either through a stipulation or motion to amend, no later than August 7, 2019.

         II. Fictitiously-Named Defendants

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

         III. 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 19, 2019.

         The parties are ordered to complete all discovery pertaining to non-experts on or before March 27, 2020, and all discovery pertaining to experts on or before April 17, 2020.

         The parties are directed to disclose all expert witnesses[2] in writing on or March 6, 2020, and to disclose all rebuttal experts on or before March 27, 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 9, 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.

         IV. Pre-Trial Motion Schedule

         All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later than April 28, 2020[3], and heard on or before May 26, 2020. The Court hears non-dispositive motions at 9:00 a.m. at ...


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