United States District Court, S.D. California
SCHEDULING ORDER REGULATING DISCOVERY AND OTHER
Jill L. Burkhardt, United States Magistrate Judge.
to Rule 16.1(d) of the Local Rules, a Case Management
Conference was held on November 19,
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
Court understands that parties to litigation often enter into
stipulations that a trade secret or other confidential
research, development, or commercial information not be
revealed or be revealed only in specified way. Any motion for
a protective order entering such stipulation(s) in this case
shall be filed no later than December 6,
2019. The motion shall comply with Section V.
of Judge Burkhardt's Civil Chambers Rules. If the need
for a protective order is not initially apparent to the
parties and only becomes apparent due to a later development
in the case, the parties must seek leave to file a late
motion for protective order, supported by good cause which
includes an explanation as to why the parties could not have
anticipated the need for a protective order.
motion to join other parties, to amend the pleadings, or to
file additional pleadings must be filed by
December 20, 2019.
fact discovery must be completed by all parties by
August 20, 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 must 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 must
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
motions must be filed in the time and manner directed by
Magistrate Judge Burkhardt (see Judge
Burkhardt's Civil Chambers Rules on Discovery Disputes
available on the Court's website). All discovery motions
must be filed within 30 days of the service of an objection,
answer, or response which becomes the subject of dispute, or
the passage of a discovery due date without response or
production, and only after counsel (and any unrepresented
parties) have met and conferred to resolve the dispute
and complied with Section IV.B. of
Judge Burkhardt's Civil Chambers Rules.
parties must designate their respective experts in writing by
June 25, 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 must be by July
23, 2020. The written designations must 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 must also include the normal rates the
expert charges for deposition and trial testimony.
June 25, 2020, each party must
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 will 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).
party must supplement its disclosure regarding contradictory
or rebuttal evidence under Fed.R.Civ.P. 26(a)(2)(D) by
July 23, 2020.
expert discovery must be completed by all parties by
August 20, 2020. The parties must
comply with the same procedures set forth in the paragraph
governing fact discovery.
Failure to comply with this section or any other discovery
order of the court may result in the sanctions provided for
in Fed.R.Civ.P. 37, including a prohibition on the
introduction of experts or other designated matters in
dispositive pretrial motions, including motions for summary
judgment and motions addressing Daubert issues, must
be filed by September 17,
2020. Counsel for the moving party must obtain a
motion hearing date from Judge Anello's law clerk. The
period of time between the date you request a motion date and
the hearing date may vary from one district judge to another.
Please plan accordingly. Failure to make a timely request for
a motion date may result in the motion not being heard.
appropriate, following the filing of an order ruling on a
motion for summary judgment or other dispositive pretrial
motion, or in the event no such motion is filed, after the
expiration of the deadline set forth in paragraph 9, supra,
Judge Anello will issue a pretrial scheduling order setting a
pretrial conference, trial date, and all related pretrial
deadlines. The parties must review and be familiar with Judge
Anello's Civil Chambers Rules, which provide additional
information regarding pretrial scheduling.
Mandatory Settlement Conference will be conducted on
June 2, 2020 at 1:45
p.m. in the chambers of Magistrate Judge Jill
L. Burkhardt, Edward J. Schwartz U.S. Courthouse, 221 West
Broadway, Suite 5140, San Diego, California 92101. Counsel or
any party representing himself or herself must submit
confidential settlement briefs directly to the magistrate
judge's chambers by May 22,