Free Scheduling Order - District Court of California - California

Case 3:08-cv-00012-JM-RBB

Document 12

Filed 03/18/2008

Page 1 of 7

1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff, 13 v. 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 GREAT AMERICAN INSURANCE COMPANY, an Ohio corporation; DOES 1-10, EDGE LOGISTICS SERVICES CORP., a Nevada corporation, ) ) ) ) ) ) ) ) ) ) ) ) ) Civil No. 08cv0012 JM(RBB) CASE MANAGEMENT CONFERENCE ORDER REGULATING DISCOVERY AND OTHER PRETRIAL PROCEEDINGS (Rule 16, Fed.R.Civ.P.) (Local Rule 16.1) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Pursuant to rule 16 of the Federal Rules of Civil Procedure, a case management conference was held on March 18, 2008. After

consulting with the attorneys of record for the parties and being advised of the status of the case, and good cause appearing, IT IS HEREBY ORDERED: 1. All discovery shall be completed by all parties on or All motions for discovery shall be filed

before November 3, 2008.

no later than thirty (30) days following the date upon which the event giving rise to the discovery dispute occurred. For oral

discovery, the event giving rise to the discovery dispute is the completion of the transcript of the affected portion of the

1

08cv0012 JM(RBB)

Case 3:08-cv-00012-JM-RBB

Document 12

Filed 03/18/2008

Page 2 of 7

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

deposition.

For written discovery, the event giving rise to the All

discovery dispute is the service of the response.

interrogatories and document production requests must be served by September 1, 2008. 2. Plaintiff(s) shall serve on all other parties a list of

expert witnesses whom Plaintiff(s) expect(s) to call at trial by September 1, 2008. Defendant(s) shall serve on Plaintiff(s) a list

of expert witnesses Defendant(s) expect(s) to call at trial by September 29, 2008. Each party may supplement its designation in

response to the other party's designation no later than October 13, 2008. The parties must identify any person who may be used to

present evidence pursuant to Rules 702, 703 or 705 of the Federal Rules of Evidence. experts. This requirement is not limited to retained

The designation(s) shall comply with rule 26(a)(2) of the

Federal Rules of Civil Procedure and be accompanied by a written report prepared and signed by each witness, including in-house or other witnesses providing expert testimony. If a party does not

intend to offer expert opinion at the trial, the party shall provide a statement that it does not presently intend to offer the testimony of any expert witness. On receipt of an expert designation from a party, any other party may take the deposition of any person on the list. A party that fails to make these disclosures shall not, absent substantial justification, be permitted to use this evidence at any hearing or at the time of trial. Opinions and reasons for opinions

not disclosed during depositions or in reports are subject to exclusion absent substantial justification. In addition, the Court

may impose other sanctions as permitted by Fed. R. Civ. P. 37(c).

2

08cv0012 JM(RBB)

Case 3:08-cv-00012-JM-RBB

Document 12

Filed 03/18/2008

Page 3 of 7

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.

Any motion to join other parties, to amend the pleadings

or to file additional pleadings shall be filed and heard on or before August 4, 2008. 4. All other pretrial motions must be filed on or before Please be advised that counsel for the moving

December 5, 2008.

party must obtain a motion hearing date from the law clerk of the judge who will hear the motion. Be further advised that the period

of time between the date you request a motion date and the hearing date may vary from one district judge to another. accordingly. Please plan

For example, you may need to contact the judge's law

clerk in advance of the motion cutoff to calendar the motion. Failure to timely request a motion date may result in the motion not being heard. Questions regarding this case should be directed to the judge's law clerk. The Court draws the parties' attention to Local

Rule 7.1(e)(4) which requires that the parties allot additional time for service of motion papers by mail. Papers not complying

with this rule shall not be accepted for filing. Briefs or memoranda in support of or in opposition to any pending motion shall not exceed twenty-five (25) pages in length without leave of the judge who will hear the motion. No reply

memorandum shall exceed ten (10) pages without leave of the judge who will hear the motion. 5. Further settlement conferences shall be held at

appropriate intervals during the course of the litigation in the chambers of Judge Ruben B. Brooks. A further settlement conference A mandatory

shall be held on April 24, 2008, at 2:00 p.m.

3

08cv0012 JM(RBB)

Case 3:08-cv-00012-JM-RBB

Document 12

Filed 03/18/2008

Page 4 of 7

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

settlement conference date will be set at one of the scheduled settlement conferences. All parties, claims adjusters for insured Defendants and nonlawyer 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. 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 Retained

proper excuse will be considered grounds for sanctions. If Plaintiff is incarcerated in a penal institution or other facility, the Plaintiff's presence is not required at conferences before Judge Brooks, and the Plaintiff may participate by telephone. In that case, defense counsel is to coordinate the

Plaintiff's appearance by telephone. Confidential written settlement statements for the mandatory settlement conference shall be lodged directly in the chambers of Judge Brooks no later than five court days before the mandatory settlement conference. The statements need not be filed with the The statements

Clerk of the Court or served on opposing counsel.

will not become part of the court file and will be returned at the end of the conference upon request. Written statements may be

lodged with Judge Brooks either by mail or in person. Any statement submitted should avoid arguing the case. Instead, the statement should include a neutral factual statement of the case, identify controlling legal issues, and concisely set

4

08cv0012 JM(RBB)

Case 3:08-cv-00012-JM-RBB

Document 12

Filed 03/18/2008

Page 5 of 7

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

out issues of liability and damages, including any settlement demands and offers to date and address special and general damages where applicable. If appropriate, the Court will consider the use of other alternative dispute resolution techniques. 6. Counsel shall serve on each other and file with the Clerk

of the Court their memoranda of contentions of fact and law in compliance with Local Rule 16.1(f)(2) on or before March 19, 2009. On or before this date, all parties or their counsel shall also fully comply with the pretrial disclosure requirements of rule 26(a)(3) of the Federal Rules of Civil Procedure. 7. Counsel shall confer and take the action required by A personal

Local Rule 16.1(f)(4) on or before March 24, 2009.

meeting between an incarcerated Plaintiff, acting in pro per, and defense counsel is not required. At this meeting, counsel shall discuss and attempt to enter into stipulations and agreements resulting in simplification of the triable issues. Counsel shall exchange copies and/or display all

exhibits other than those to be used for impeachment, lists of witnesses and their addresses including experts who will be called to testify and written contentions of applicable facts and law. The exhibits shall be prepared in accordance with Local Rule 16.1(f)(2)(c). Counsel shall cooperate in the preparation of the

proposed final pretrial conference order. 8. The proposed final pretrial conference order, including

objections to any party's Fed. R. Civ. P. 26(a)(3) pretrial disclosures, shall be prepared, served and lodged with the Clerk of the Court on or before March 27, 2009, and shall be in the form

5

08cv0012 JM(RBB)

Case 3:08-cv-00012-JM-RBB

Document 12

Filed 03/18/2008

Page 6 of 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

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. 9. The final pretrial conference shall be held before the

Honorable Jeffrey T. Miller, United States District Judge, on April 3, 2009, at 8:30 a.m. a.m. 10. The dates and times set forth herein will not be modified Trial shall begin on May 4, 2009, at 10:00

except for good cause shown. 11. Plaintiff's(s') counsel shall serve a copy of this order

on all parties that enter this case hereafter.

Dated:

March 18, 2008 RUBEN B. BROOKS United States Magistrate Judge

cc: 16 17 18 19 20 21 22 23 24 25 26 27 28

All Parties of Record

K:\COMMON\BROOKS\CASES\EDGE0012\CMCOrder.wpd

6

08cv0012 JM(RBB)

Case 3:08-cv-00012-JM-RBB

Document 12

Filed 03/18/2008

Page 7 of 7

1 2 Attendance 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

CASE RESOLUTION GUIDELINES

All parties and claims adjusters for insured Defendants and representatives with complete authority to enter into a binding settlement, as well as the principal attorney(s) responsible for the litigation, must be present and legally and factually prepared to discuss and resolve the case. Failure to attend or obtain proper excuse will be considered grounds for sanctions. Case Resolution Conference Briefs Written statements, when specifically requested, shall be lodged in the chambers of Judge Brooks no later than five court days before the scheduled conference. The statements will not become part of the court file. Written statements may be submitted on a confidential basis and lodged with Judge Brooks either by mail or in person. Any statement submitted should avoid arguing the case. Instead the statement should include a neutral factual statement of the case and concisely set out issues of liability and damages, including any settlement demands and offers to date, and address special and general damages where applicable. If appropriate, the court will consider the use of other alternative dispute resolution techniques. If you have any further questions, please feel free to contact my research attorney, at (619) 557-3404.

K:\COMMON\BROOKS\CASES\EDGE0012\CMCOrder.wpd

7

08cv0012 JM(RBB)