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Allen v. VT Milcom, Inc.

United States District Court, S.D. California

September 24, 2019

John ALLEN, Plaintiff,
v.
VT MILCOM, INC., Defendant.

          SCHEDULING ORDER REGULATING DISCOVERY AND OTHER PRE-TRIAL PROCEEDINGS

          Hon. Andrew G. Schopler United States Magistrate Judge.

         Pursuant to Rule 16.1(d) of the Local Rules, a Case Management Conference was held on September 24, 2019. After consulting with the attorneys of record for the parties and being advised of the status of the case, and good cause appearing, IT IS HEREBY ORDERED:

         1. An Early Neutral Evaluation shall be conducted on January 3, 2020 at 9:00 a.m. in the chambers of Magistrate Judge Andrew G. Schopler. Counsel or any party representing himself or herself shall submit confidential settlement briefs directly to chambers by December 27, 2020. All parties are ordered to read and to fully comply with the Chamber Rules of the assigned magistrate judge.

         2. Directions to Chambers: Judge Schopler’s Chambers are located at the Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Suite 5160, 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.”

         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 efileschopler@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. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed by October 25, 2019.

         6. During discovery, the following per-side limitations will apply:

DISCOVERY LIMITATIONS

Discovery Type

Restriction (Per Side)

Depositions

No more than 10

Requests for Admission

No more than 25

Interrogatories

No more than 35

Requests to Produce Documents

No more than 25

         7. All fact discovery shall be completed by all parties by June 22, 2020. “Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil Procedure, and discovery subpoenas under Rule 45, 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 as set forth in the Federal Rules of Civil Procedure. Counsel shall promptly and in good faith meet and confer with regard to all discovery disputes in compliance with Local Rule 26.1(a). The Court expects counsel to 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 undersigned magistrate judge’s chambers rules. A failure to comply in this regard will result in a waiver of a party’s discovery issue. Absent an order of the court, no stipulation continuing or altering this requirement will be recognized by the court.

         8. The parties shall designate their respective experts in writing by April 24, 2020. The parties must identify any person who may be used at trial to present evidence pursuant to Rules 702, 703 or 705 of the Fed.R.Evid. This requirement is not limited to retained experts. The date for exchange of rebuttal experts shall be by May 25, 2020 The written designations shall include the name, address and telephone number of the expert and a reasonable summary of the testimony the expert is expected to provide. The list shall also include the normal rates the expert charges for deposition and trial testimony.

         9. By April 24, 2020, each party shall comply with the disclosure provisions in Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure requirement applies to all persons retained or specially employed to provide expert testimony, or whose duties as an employee of the party regularly involve the giving of expert testimony. Except as provided in the paragraph below, any party that fails to make these disclosures shall not, absent substantial justification, be permitted to use evidence or testimony not disclosed at any hearing or at the time of trial. In addition, the Court may impose sanctions as permitted by Fed.R.Civ.P. 37(c).

         10. Any party shall supplement its disclosure regarding contradictory or rebuttal evidence under Fed.R.Civ.P. 26(a)(2)(D) by May 25, 2020.

         11. All expert discovery shall be completed by all parties by June 22, 2020. The parties shall comply with the same procedures set forth ...


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