United States District Court, S.D. California
ORDER GRANTING PLAINTIFF'S REQUEST FOR NEW TRIAL
DATE [ECF NO. 206]; FIFTH AMENDED SCHEDULING ORDER REGULATING
DISCOVERY AND OTHER PRE-TRIAL PROCEEDINGS
HON.
RUBEN B. BROOKS, UNITED STATES MAGISTRATE JUDGE
On
December 21, 2019, Plaintiff filed a notice with the Court to
advise of his counsel's conflict with the January 12,
2021 trial date and to request that the trial be advanced to
mid-December 2020. (ECF No. 206.) Defendants Wilkins and
Hobbs filed a response to Plaintiff's request on December
23, 2019, in which they indicated they did not object to
moving the trial date but requested that it be reset for
February 2021 or thereafter. (ECF No. 207.) The San Diego
County Defendants did not file a response to Plaintiff's
request. After consulting with the chambers of the Honorable
Michael M. Anello and upon good cause appearing, the Court
hereby GRANTS Plaintiff's request for a
trial date in December 2020, modifies the motion in limine
deadlines, the pretrial conference date, and the deadlines
associated with the pretrial conference, and enters the
following Fifth Amended Scheduling Order:
1. The
deadline for Plaintiff to file a motion for leave to file an
amended complaint is January 17,
2020.[1]
2. A
Mandatory Settlement Conference will be conducted on
March 18, 2020 at 10:00
a.m. in the chambers of Magistrate Judge Ruben
B. Brooks. Counsel must submit confidential settlement briefs
directly to the magistrate judge's chambers by
March 11, 2020. All parties, claims
adjusters for insured defendants and non-lawyer
representatives with complete authority to enter into a
binding settlement, as well as the principal attorneys
responsible for the litigation, must be present and legally
and factually prepared to discuss and resolve the case at the
mandatory settlement conference and at all settlement
conferences. Retained outside corporate counsel shall not
appear on behalf of a corporation as the party representative
who has the authority to negotiate and enter into a
settlement. Failure to attend or obtain proper excuse will be
considered grounds for sanctions.
3.
Discovery between Plaintiff and all County of San
Diego-related defendants is closed. Paragraphs 4 through 10
below pertain only to discovery relating to Plaintiff's
claims against Defendants Wilkins and Hobbs and to these
defendants' defenses.
4. All
fact discovery must be completed by May 15,
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 court.
5. All
motions for discovery shall be filed no later than thirty
(30) days following the date upon which the event giving rise
to the discovery dispute occurred. The 30-day deadline will
not be extended without a prior Court order; counsel cannot
unilaterally extend the deadline. For example, ongoing
meet-and-confer efforts, rolling document productions, or
supplemental discovery responses do not extend the deadline.
A failure to comply will bar the party from filing a
corresponding discovery motion. For oral discovery, the event
giving rise to the discovery dispute is the completion of the
transcript of the affected portion of the deposition. For
written discovery, the event giving rise to the discovery
dispute is the service of the response. All interrogatories,
requests for admission, and document production requests must
be served by January 17, 2020.
6. The
parties must designate their respective experts in writing by
May 29, 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 June
12, 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.
7. By
June 26, 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).
8. Any
party must supplement its disclosure regarding contradictory
or rebuttal evidence under Fed.R.Civ.P. 26(a)(2)(D) by
July 10, 2020.
9. All
expert discovery must be completed by August 7,
2020. The parties must comply with the same
procedures set forth in the paragraph governing fact
discovery.
10.
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.
11. All
dispositive pretrial motions, including motions for summary
judgment and motions addressing Daubert issues, must
be filed by August 24, 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.
12.
Motions in limine are due October 19,
2020, and will be heard at the Pretrial
Conference. Oppositions to motions in limine are due
November ...