United States District Court, N.D. California, Oakland Division
ORDER FOR PRETRIAL PREPARATION
SAUNDRA BROWN ARMSTRONG, Senior United States District Judge.
Pursuant
to Rule 16 of the Federal Rules of Civil Procedure
(“FRCP”), IT IS HEREBY ORDERED AS FOLLOWS:
I.
DEADLINE FOR JOINDER OF PARTIES/AMENDING THE
PLEADINGS
The
deadline for the joinder of other parties and to amend the
pleadings is closed.
II.
DISCOVERY CUT-OFF
All
discovery, except for expert discovery, shall be completed
and all depositions taken on or before December 31, 2019. The
deadline to file motions to compel is governed by the Local
Rules. Discovery disputes will be referred to a magistrate
judge.
III.
EXPERT DESIGNATION AND DISCOVERY
Plaintiff
shall designate any experts by January 21, 2020; defendant by
February 3, 2020; rebuttal disclosure by February 18, 2020.
Any expert not so named may be disallowed as a witness.
No
expert will be permitted to testify to any opinion, or basis
or support for an opinion, that has not been disclosed in
response to an appropriate question or interrogatory from the
opposing party.
Expert
discovery shall be completed by April 8, 2020.
IV.
MOTION PRACTICE
All
dispositive motions shall be heard on or
before July 13, 2020, at 2:00 p.m.
A.
Meet and Confer Requirement: The parties must meet
and confer prior to filing any motion or request.
The movant shall certify to the Court in its moving papers
that it has complied with this requirement. Should the
parties fail to meet and confer, the Court may decline to
entertain the motion.
B.
Hearing Dates: The Court does not reserve
motion hearing dates. The parties are advised to check Judge
Armstrong's calendar at
www.cand.uscourts.gov/sba to determine the next
available hearing date. The parties are advised
not to wait until 35 days prior to the law
and motion cut-off to file and serve their motion. As the
Court's law and motion calendar tends to fill quickly,
there is no guarantee that a hearing date within the law and
motion cut-off will be available.
NOTE:
Pursuant to Civil L.R. 7-1(b), the Court may, in its
discretion, adjudicate motions without oral argument.
C.
Page Limits: All noticed motions (other
than motions for summary judgment) and any opposition
thereto, shall not exceed fifteen (15) pages
in length, exclusive of the table of contents, table of
authorities, exhibits and declarations, if required. Reply
briefs may not exceed ten (10) pages in
length.
D.
Failure to Oppose: The failure to timely
file an opposition to any motion shall constitute a consent
to the granting of the motion.
E.
Summary Judgment: Parties are limited to
filing one motion for summary judgment. Any party wishing to
exceed this limit must request leave of Court. Aligned
parties (i.e., co-defendants) should file joint briefs where
possible. Motions for summary judgment are subject to the
page limits set forth in Civil Local Rule 7. If a Plaintiff
wishes to file a motion for summary judgment, they shall do
so at least 6 weeks before the cut-off date. If a Defendant
desires to file a cross-motion, such motion shall be combined
with the opposition to the motion, not to exceed 25 pages,
and shall be filed 14 days after the filing of the motion.
The opposition to any cross-motion shall be combined with the
reply in support of the motion, not exceed 15 pages, and
shall be filed 7 days after the filing of the opposition. A
reply to any cross-motion, not to exceed 10 pages, shall be
filed 7 days after the filing of the opposition. Separate
statements of undisputed facts will not be considered. Joint
statements of undisputed facts are helpful, but not required.
F.
Use of Dividers and Binders: Courtesy
copies of multi-page exhibits for chambers should be clearly
marked with tabbed dividers. Where the exhibits are
voluminous, courtesy copies shall be submitted in tabbed
binders.
V.
PRETRI ...