Free Scheduling Order - District Court of California - California

Case 3:08-cv-00407-BTM-LSP

Document 18

Filed 07/29/2008

Page 1 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GOOD CAUSE APPEARING, the Case Management Conference set for August 13, 2008 at 8:30 AM is vacated. IT IS HEREBY ORDERED: 1. Any motion to join other parties, to amend the pleadings, or to file additional v. BYRON & EDWARDS, APC, et al., Defendants. EVANSTON INSURANCE CO., et al., Plaintiffs, ) ) ) ) ) ) ) ) ) Civil No. 08-0407-BTM(LSP) CASE MANAGEMENT CONFERENCE ORDER REGULATING DISCOVERY AND OTHER PRETRIAL PROCEEDINGS (Fed. R. Civ. P. 16) (Local Rule 16.1) (Fed. R. Civ. P. 26) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

pleadings shall be filed on or before September 15, 2008. 2. On or before October 31, 2008, all parties shall exchange with all other parties a

list of all expert witnesses expected to be called at trial. The list shall include the name, address, and phone number of the expert and a brief statement identifying the subject areas as to which the expert is expected to testify. The list shall also include the normal rates the expert charges for deposition and trial testimony. On or before November 14, 2008, any party may supplement its designation in response to any other party's designation so long as that party has not previously retained an expert to testify on that subject.

1

Case 3:08-cv-00407-BTM-LSP

Document 18

Filed 07/29/2008

Page 2 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3.

Each expert witness designated by a party shall prepare a written report to be

provided to all other parties no later than January 16, 2009, containing the information required by Fed. R. Civ. P. 26(a)(2)(A) and (B). Except as provided in paragraph 4, 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). 4. Any party, through any expert designated, shall in accordance with Fed. R. Civ.

P. 26(a)(2)(C) and Fed. R. Civ. P. 26(e), supplement any of its expert reports regarding evidence intended solely to contradict or rebut evidence on the same subject matter identified in an expert report submitted by another party. Any such supplemental reports are due on or before February 6, 2009. 5. All discovery, including expert discovery, shall be completed on or before

February 27, 2009. "Completed" means that all discovery under Rules 30-36 of the Federal Rules of Civil Procedure 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 services, notice, and response as set forth in the Federal Rules of Civil Procedure. All disputes concerning discovery shall be brought to the attention of the Magistrate Judge no later than thirty (30) days following the date upon which the event giving rise to the discovery dispute occurred. Counsel shall meet and confer pursuant to the requirements of Fed. R. Civ. P. 26 and Local Rule 26.1(a). 6. All motions, other than motions to amend or join parties, or motions in limine,

SHALL BE FILED on or before April 17, 2009.1 Motions will not be heard or calendared unless counsel for the moving party has obtained a motion hearing date from the law clerk of the judge who will hear the motion. Be advised that the parties must file their moving papers within three (3) days of receiving the

1 Counsel should note that while historically motion cut-off deadlines issued by this Court were deadlines for
motion hearings, the motion cut-off dates now being issued establish deadlines for the parties to file motions.

2

Case 3:08-cv-00407-BTM-LSP

Document 18

Filed 07/29/2008

Page 3 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

motion hearing date from the Court. Be further advised that the period of time between the date you request a motion date and the hearing date may be up to six weeks. Please plan accordingly. For example, you may need to contact the judge's law clerk at least six weeks in advance of the motion cut-off to calendar the motion. Failure of counsel to timely request a motion date may result in the motion not being heard. Motions will not be heard on the above date unless you have obtained that date in advance from the judge's law clerk. 7. Briefs or memoranda in support of or in opposition to any pending motion shall

not exceed twenty-five (25) pages in length without permission of the judge or magistrate judge who will hear the motion. No reply memorandum shall exceed ten (10) pages without leave of the judge or magistrate judge who will hear the motion. 8. In order to identify the claims to be tried and eliminate delay and surprise at trial,

the Court enters the following pretrial order pursuant to Fed.R.Civ.P. 16. This order replaces the requirements under Local Rule 16.1(f)(2). No Memoranda of Law or Contentions of Fact are to be filed except in a bench trial. 9. All parties or their counsel shall fully comply with the Pretrial Disclosure

requirements of Fed. R. Civ. P. 26(a)(3) on or before June 23, 2009. Failure to comply with these disclosures requirements could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37. 10. Pursuant to Local Civil Rule 16.1 (f)(4), on or before June 30, 2009 the parties

shall meet and confer and prepare a proposed pretrial order containing the following: a. A statement to be read to the jury, not in excess of one page, of the nature of the

case and the claims and defenses. b. A list of the causes of action to be tried, referenced to the Complaint and

Counterclaim. For each cause of action, the order shall succinctly list the elements of the claim, damages and any defenses. A cause of action in the Complaint or Counterclaim which is not listed shall be dismissed with prejudice. c(1). A list of each witness that counsel actually expects to call at trial with a brief

statement, not exceeding four sentences, of the substance of the witnesses' testimony.

3

Case 3:08-cv-00407-BTM-LSP

Document 18

Filed 07/29/2008

Page 4 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

c(2).

A list of each expert witness that counsel actually expects to call at trial with a

brief statement, not exceeding four sentences, of the substance of the expert witnesses' testimony. c(3). A list of additional witnesses including experts that counsel do not expect to call

at this time but reserve the right to call at trial along with a brief statement, not exceeding four sentences, of the substance of the witnesses' testimony. d(1). A list of all exhibits that counsel actually expect to offer at trial with a

one-sentence description of the exhibit. d(2). A list of all other exhibits that counsel do not expect to offer at this time but

reserve the right to offer if necessary at trial with a one-sentence description of the exhibit. e. A statement of all facts to which the parties stipulate. This statement shall be on

a separate page and will be read to and provided to the jury. The parties are directed to meet with the assigned magistrate judge to work out as many stipulations of fact as possible. f. A list of all deposition transcripts by page and line, or video tape depositions by

section, that will be offered at trial. The proponent of the deposition shall prepare a copy of all portions to be read or played to the jury. g. The parties shall prepare proposed jury instructions (if trial by jury) on the

substantive claims, damages and defenses. One set of proposed instructions shall be given to the court. If the parties disagree on an instruction, the alternative instructions shall be submitted. h. The parties shall prepare a proposed jury verdict form.

The Court encourages the parties to consult with the assigned magistrate judge to work out any problems in preparation of the proposed pretrial order. The court will entertain any questions concerning the conduct of the trial at the pretrial conference. 11. The proposed final pretrial conference order, including objections they have to

any other parties' Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and lodged with the Clerk of the Court on or before July 7, 2009, and shall be in the form prescribed in and in compliance with Local Rule 16.1 (f)(6). Counsel shall also bring a court copy of the pretrial order to the pretrial conference.

4

Case 3:08-cv-00407-BTM-LSP

Document 18

Filed 07/29/2008

Page 5 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

12.

The final pretrial conference shall be held before the Honorable Barry Ted

Moskowitz, United States District Court Judge, on July 14, 2009, at 4:00 PM. 13. cause shown. 14. case hereafter. DATED: July 29, 2008 Plaintiff's counsel shall serve a copy of this order on all parties that enter this The dates and times set forth herein will not be further modified except for good

Hon. Leo S. Papas U.S. Magistrate Judge

5