United States District Court, E.D. California
SCHEDULING CONFERENCE ORDER
to Pleadings: April 1, 2020 Initial Disclosures: January 15,
2020 Expert Disclosure: June 5, 2020 Supplemental Expert
Disclosure: June 25, 2020 Non-expert Discovery Cutoff: April
7, 2020 Expert Discovery Cutoff: August 7, 2020 Pretrial
Motion Filing Deadline: September 7, 2020 Status Conf.:
Dated: February 11, 2021 Time: 10:00 AM Place: Telephonic
Court conducted a scheduling conference on December 19, 2019.
Counsel Kennedy Helm appeared by telephone on behalf of
plaintiff. Counsel Chester Wells appeared by telephone on
behalf of defendants. Under Fed.R.Civ.P. 16(b), this court
sets a schedule for this action.
Amendment to the Parties' Pleadings
stipulated amendments or motions to amend shall be filed by
April 1, 2020.
Current Status of Consent to the Magistrate Judge
to 28 U.S.C. § 636(c), the parties have not decided
whether they will consent to conduct all further proceedings
in this case, including trial, before a U.S. Magistrate
Fed.R.Civ.P. 26(a)(1) Initial Disclosures
disclosures pursuant to Fed.R.Civ.P. 26(a)(1) shall be
completed by January 15, 2020.
Discovery Cutoffs and Limits
expert witness disclosures by any party shall be served no
later than June 5, 2020. Supplemental expert witness
disclosures by any party shall be served no later than June
25, 2020. Such disclosures must be made pursuant to
Fed.R.Civ.P. 26(a)(2)(A) and (B) and shall include all
information required thereunder. In addition, Fed.R.Civ.P.
26(b)(4) and Fed.R.Civ.P. 26(e) shall specifically apply to
all discovery relating to expert witnesses and their
opinions. Each expert witness must be prepared fully to be
examined on all subjects and opinions included in the
designations. Failure to comply with these requirements will
result in the imposition of appropriate sanctions, which may
include the preclusion of testimony or other evidence offered
through the expert witness. In particular, this Court will
enforce preclusion of testimony or other evidence if
Fed.R.Civ.P. 26(e) is not strictly complied with.
non-expert discovery, including motions to compel, shall be
completed no later than April 7, 2020. All expert discovery,
including motions to compel, shall be completed no later than
August 7, 2020. Compliance with these discovery cutoffs
requires motions to compel be filed and heard sufficiently in
advance of the cutoff so that the Court may grant effective
relief within the allotted discovery time. A parties'
failure to have a discovery dispute heard sufficiently in
advance of the discovery cutoff may result in denial of the
motion as untimely.
Pretrial Motion Schedule
pre-trial motions, both dispositive and non-dispositive
(except motions to compel, addressed above), shall be served
and filed on or before September 7, 2020.
Non-dispositive motions are heard on Fridays at 10:00 a.m.,
before the Honorable Jeremy D. Peterson, United States
Magistrate Judge, in Courtroom 6. Before scheduling such
motions, the parties shall comply with Local Rule 230 or
Local Rule 251.
must comply with Local Rule 251 with respect to discovery
disputes or the motion will be denied without prejudice and
dropped from calendar. In addition to filing a joint
statement electronically, a copy of the joint statement shall
also be sent Judge Peterson's chambers by email to
firstname.lastname@example.org. Counsel for the parties are
additionally required to conduct at least one telephonic or
in-person conference as part of their obligations to meet and
confer in good faith to resolve their discovery dispute prior