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Westcott v. Thyssenkrupp Elevator America

United States District Court, N.D. California, Oakland Division

October 24, 2019

AHMAD WESTCOTT, Plaintiff,
v.
THYSSENKRUPP ELEVATOR AMERICA, et al., Defendants.

          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 ...


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