Davis v. Portfolio Recovery Associates, LLC

          SCHEDULING ORDER (FED. R. CIV. P. 16)

          JENNIFER L. THURSTONUNITED STATES MAGISTRATE JUDGE.

         I. Date of Scheduling Conference

         December 17, 2019.

         II. Appearances of Counsel

         No appearance by the plaintiff.

         Tomio Narita appeared on behalf of the defendant.

         III. Magistrate Judge Consent: Notice of Congested Docket and Court Policy of Trailing

         Due to 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.

         The 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.

         The 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 of California.

         Therefore, 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.

         IV. Pleading Amendment Deadline

         Any requested pleading amendments are ordered to be filed, either through a stipulation or motion to amend, no later than January 20, 2020.

         V. Discovery Plan and Cut-Off Date

         The parties have exchanged initial disclosures.

         The parties are ordered to complete all discovery pertaining to non-experts on or before May 4, 2020, and all discovery ...