In re Outlaw Laboratories, LP Litigation

          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 ...