United States District Court, S.D. California
ORDER GRANTING IN PART JOINT REQUEST TO AMEND
SCHEDULING ORDER [ECF 137]
HON.
BERNARD G. SKOMAL, UNITED STATES MAGISTRATE JUDGE
The
parties have filed a Joint Request to Amend Scheduling Order
seeking to extend all remaining deadlines approximately four
to six months.[1] (ECF 137.) Based on consideration of the
parties' Joint Request and a review of the status of the
case, the Court modifies the June 8, 2019 Scheduling Order as
specified below.[2]
1. All
parties must complete all class discovery by
March 17, 2020.
2. Any
motion for class certification must be filed by
April 2, 2020. Counsel for the
moving party must follow the Honorable Gonzalo P.
Curiel's Civil Pretrial & Trial Procedures regarding
the filing of a motion.
3. All
fact discovery shall be completed by all parties by
April 17, 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 shall 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
shall follow the 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 court.
4. The
parties shall designate their respective experts in writing
by May 1, 2020. Pursuant to Federal
Rule of Civil Procedure 26(a)(2)(A), the parties must
identify any person who may be used at trial to present
evidence pursuant to Rules 702, 703 or 705 of the Federal
Rules of Evidence. This requirement is not limited to
retained experts. The date for exchange of rebuttal experts
shall be by May 15, 2020. The
written designations shall 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
shall also include the normal rates the expert charges for
deposition and trial testimony.
5. By
June 12, 2020, each party shall
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 shall 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).
6. Any
party shall supplement its disclosure regarding contradictory
or rebuttal evidence under Fed.R.Civ.P. 26(a)(2)(D) and 26(e)
by June 24, 2020.
7. All
expert discovery shall be completed by all parties by
July 8, 2020. The parties shall
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 evidence.
8. All
other pretrial motions, including those addressing
Daubert issues related to dispositive motions must
be filed by July 22, 2020. Pursuant
to Honorable Gonzalo P. Curiel's Civil Pretrial &
Trial Procedures, all motions for summary judgment shall be
accompanied by a separate statement of undisputed material
facts. Any opposition to a summary judgment motion shall
include a response to the separate statement of undisputed
material facts.
9. The
Mandatory Settlement Conference is continued to
August 31, 2020 at 1:30
p.m. in the chambers of Magistrate
Judge Bernard G. Skomal.[3] All parties, adjusters for
insured defendants, and client representatives must be
present and have full and complete authority to enter into a
binding settlement at the MSC.[4] The purpose of this requirement
is to have representatives present who can settle the case
during the course of the conference without consulting a
superior. Parties seeking permission to be excused from
attending the MSC in person must follow the procedures
outlined in Judge Skomal's Chambers' Rules. Failure
of any of the above parties to appear at the MSC without the
Court's permission will be grounds for sanctions. The
principal attorneys responsible for the litigation must also
be present in person and prepared to discuss all of the
legal and factual issues in the
case.
10.
Counsel or any party representing himself or herself shall
lodge confidential settlement briefs directly to chambers by
August 17, 2020. The briefs must
address the legal and factual issues in the case and should
focus on issues most pertinent to settling the matter. Briefs
do not need to be filed or served on opposing counsel. The
briefs must also include any prior settlement offer or
demand, as well as the offer or demand the party will make at
the MSC. The Court will keep this information confidential
unless the party authorizes the Court to share the
information with opposing counsel. MSC briefs must be
emailed to efile_Skomal@casd.uscourts.gov.
11.
Pursuant to Honorable Gonzalo P. Curiel's Civil Pretrial
& Trial Procedures, the parties are excused from the
requirement of Local Rule 16.1(f)(2)(a); no Memoranda of Law
or Contentions of Fact are to be filed.
12.
Counsel shall comply with the pre-trial disclosure
requirements of Fed.R.Civ.P. 26(a)(3) by October
9, 2020. Failure to comply with these
disclosure requirements could result in evidence ...