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
Potter appeared on behalf of Plaintiff.
Peracchio appeared on behalf of Defendant.
Magistrate Judge Consent: Notice of Congested Docket and
Court Policy of Trailing
the District Judges' heavy caseload, the adopted policy
of the Fresno Division of the Eastern District is to trail
all civil cases. The parties are hereby notified that for a
trial date set before a District Judge, the parties will
trail indefinitely behind any higher priority criminal or
older civil case set on the same date until a courtroom
becomes available. The trial date will not be reset.
Magistrate Judges' availability is far more realistic and
accommodating to parties than that of the U.S. District
Judges who carry the heaviest caseloads in the nation and who
must prioritize criminal and older civil cases over more
recently filed civil cases. A United States Magistrate Judge
may conduct trials, including entry of final judgment,
pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil
Procedure 73, and Local Rule 305. Any appeal from a judgment
entered by a United States Magistrate Judge is taken directly
to the United States Court of Appeal for the Ninth Circuit.
Fresno Division of the Eastern District of California,
whenever possible, is utilizing United States Article III
District Court Judges from throughout the nation as Visiting
Judges. Pursuant to the Local Rules, Appendix A, such
reassignments will be random, and the parties will receive no
advance notice before their case is reassigned to an Article
III District Court Judge from outside of the Eastern District
the parties are directed to consider consenting to Magistrate
Judge jurisdiction to conduct all further proceedings,
including trial. Within 10 days of
the date of this order, counsel SHALL file a
consent/decline form (provided by the Court at the inception
of this case) indicating whether they will consent to the
jurisdiction of the Magistrate Judge.
Pleading Amendment Deadline
requested pleading amendments are ordered to be filed, either
through a stipulation or motion to amend, no later than
December 19, 2019.
Discovery Plan and Cut-Off Date
parties have exchanged the disclosures required by
parties are ordered to complete all discovery pertaining to
non-experts on or before February 10, 2020,
and all discovery pertaining to experts on or before
April 1, 2020.
parties are directed to disclose all expert
witnesses, in writing, on or before February
18, 2020, and to disclose all rebuttal experts on or
before March 10, 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 3, 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.