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RP Golden State Management, LLC v. Ohio Security Insurance Co.

United States District Court, E.D. California

October 16, 2019

RP GOLDEN STATE MANAGEMENT, LLC, Plaintiff,
v.
OHIO SECURITY INSURANCE COMPANY, 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 February 5, 2020. Any motion to amend the pleadings shall be heard by the Honorable Dale A. Drozd, United States District Court Judge.

         II. 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 November 18, 2019.

         The parties are ordered to complete all discovery pertaining to non-experts on or before April 17, 2020 and all discovery pertaining to experts on or before July 1, 2020.

         The parties are directed to disclose all expert witnesses[2], in writing, on or before May 1, 2020, and to disclose all rebuttal experts on or before June 1, 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 January 31, 2020 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.

         III. Pre-Trial Motion Schedule

         All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later than July 15, 2020[3]and heard on or before August 18, 2020. Discovery motions are heard before the Honorable Jennifer L. Thurston, United States Magistrate Judge at the United States Courthouse in Bakersfield, California. For these hearings, 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. All other non-dispositive hearings SHALL be set before Judge Drozd.

         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 September 9, 2020 and heard no later than October 6, 2020, in Courtroom 5 at 9:30 a.m. before the Honorable Dale A. Drozd, United States District Court Judge. In scheduling such motions, counsel shall comply with Fed.R.Civ.P. 56 and Local Rules 230 and 260.

         IV. Motions for Summary Judgment or Summary Adjudication

         At least 21 days before filing a motion for summary judgment or motion for summary adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues to be raised in the motion.

         The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement before the parties incur the expense of briefing a motion; and 6) to develop a joint statement of undisputed facts.

         The moving party SHALL initiate the meeting and SHALL provide a complete, proposed statement of undisputed facts at least five days before the conference. The finalized joint statement of undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be deemed true. In addition to the ...


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