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Barr v. Laboratory Corporation of America Holdings, 19cv1887-MMA-MDD. (2019)

Court: District Court, N.D. California Number: infdco20191202663 Visitors: 4
Filed: Nov. 26, 2019
Latest Update: Nov. 26, 2019
Summary: SCHEDULING ORDER REGULATING DISCOVERY AND OTHER PRE-TRIAL PROCEEDINGS MITCHELL D. DEMBIN , Magistrate Judge . Pursuant to Rule 16.1(d) of the Local Rules, a Case Management Conference was held on November 26, 2019. 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. Any motion to join other parties, to amend the pleadings, or to file additional pleadings must be filed by Januar
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SCHEDULING ORDER REGULATING DISCOVERY AND OTHER PRE-TRIAL PROCEEDINGS

Pursuant to Rule 16.1(d) of the Local Rules, a Case Management Conference was held on November 26, 2019. 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. Any motion to join other parties, to amend the pleadings, or to file additional pleadings must be filed by January 10, 2020.

2. All expert disclosures required by Fed. R. Civ. P. 26(a)(2) shall be served on all parties on or before March 16, 2020. Any contradictory or rebuttal disclosures within the meaning of Rule 26(a)(2)(D)(ii) shall be disclosed on or before April 17, 2020. Unless otherwise stipulated by the parties, the required expert disclosures shall include an expert report as required by Rule 26(a)(2)(B). If a written report is not required, the disclosure must provide the information required under Rule 26(a)(2)(C).

3. 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).

4. All discovery, including expert discovery, shall be completed by all parties by May 18, 2020. Completed means that interrogatories, requests for production, and other discovery requests must be served at least thirty (30) days prior to the established cutoff date so that responses thereto will be due on or before the cutoff date. All subpoenas issued for discovery must be returnable on or before the discovery cutoff date. 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 dispute occurred. The parties are required to meet and confer regarding all discovery disputes pursuant to the requirements of Local Rule 26.1(a). The parties are to comply with the chambers rules of the Magistrate Judge in bringing discovery before the court.

5. 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.

6. All dispositive pretrial motions, including motions for summary judgment and motions addressing Daubert issues, must be filed by June 19, 2020.1 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.

7. If appropriate, following the filing of an order ruling on a motion for summary judgment or other dispositive pretrial motion, or in the event no such motion is filed, after the expiration of the deadline set forth in paragraph 8, supra, Judge Anello will issue a pretrial scheduling order setting a pretrial conference, trial date, and all related pretrial deadlines. The parties must review and be familiar with Judge Anello's Civil Chambers Rules, which provide additional information regarding pretrial scheduling.

8. A Mandatory Settlement Conference will be conducted on May 28, 2020 at 9:30AM in the chambers of Magistrate Judge Mitchell D. Dembin. Counsel or any party representing himself or herself must submit confidential settlement briefs directly to the magistrate judge's chambers by May 20, 2020. All parties are ordered to read and fully comply with the Chambers Rules of the assigned Magistrate Judge.

9. A post trial settlement conference before a magistrate judge may be held within 30 days of verdict in the case.

10. The dates and times set forth herein will not be modified except for good cause shown.

11. Briefs or memoranda in support of or in opposition to any pending motion must not exceed twenty-five (25) pages in length without leave of a district court judge. No reply memorandum will exceed ten (10) pages without leave of a district court judge. Briefs and memoranda exceeding ten (10) pages in length must have a table of contents and a table of authorities cited.

12. Plaintiff's counsel must serve a copy of this order on all parties that enter this case hereafter.

IT IS SO ORDERED.

FootNotes


1. This deadline is not applicable to pretrial motions in limine. For further information regarding motions in limine, please refer to Judge Anello's Civil Chambers Rules.
Source:  Leagle

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