SCHEDULING ORDER (Fed. R. Civ. P. 16)
JENNIFER L. THURSTON, Magistrate Judge.
I. Date of Scheduling Conference
April 27, 2016.
II Appearances of Counsel
Stacy Inman appeared on behalf of Plaintiff/Cross Defendant.
Diane Weissburg appeared on behalf of Defendant/Cross Complainant.
III. Pleading Amendment Deadline
Any requested pleading amendments are ordered to be filed, either through a stipulation or motion to amend, no later than June 16, 2016.
IV. Administrative Record
Plaintiff SHALL file the administrative record no later than May 2, 2016. Plaintiff need not provide a courtesy paper copy but SHALL provide a searchable electronic copy to the Court. Any objections, or a motion to supplement the record, SHALL be filed no later than May 20, 2016.
If there is a dispute over the contents of the administrative record, the objecting party SHALL confer with the opposing party in a good faith effort to resolve the issues in dispute. If that good faith effort is unsuccessful, the objecting party SHALL promptly seek a telephonic hearing with all involved parties and the Court. It is the obligation of the objecting party to arrange and originate the conference call to the Court. To schedule this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at (661) 326-6620 or via email at SHall@caed.uscourts.gov.
V. Discovery Plan and Cut-Off Date
The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1) and Plaintiff is required to provide responses to the outstanding discovery, on or before May 20, 2016.
The parties are ordered to complete all discovery pertaining to non-experts on or before July 5, 2016, and all discovery pertaining to experts on or before August 3, 2016.
The parties are directed to disclose all expert witnesses, in writing, on or June 6, 2016, and to disclose all rebuttal experts on or before July 6, 2016. The written designation of retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) and shall include all information required thereunder. Failure to designate experts in compliance with this order may result in the Court excluding the testimony or other evidence offered through such experts that are not disclosed pursuant to this order.
The written designation of retained and non-retained experts shall be made pursuant to Fed. R. Civ. P. 26(a)(2), (A), (B), and (C) and shall include all information required thereunder. Failure to designate experts in compliance with this order may result in the Court excluding the testimony or other evidence offered through such experts that are not disclosed pursuant to this order.
The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts and their opinions. Experts must be fully prepared to be examined on all subjects and opinions included in the designation. Failure to comply will result in the imposition of sanctions, which may include striking the expert designation and preclusion of expert testimony.
The provisions of Fed. R. Civ. P. 26(e) regarding a party's duty to timely supplement disclosures and responses to discovery requests will be strictly enforced.
V. Pre-Trial Motion Schedule
All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later than August 19, 2016, and heard on or before September 16, 2016. The Court hears non-dispositive motions at 9:00 a.m. at the United States District Courthouse in Bakersfield, California.
No motion to amend or stipulation to amend the case schedule will be entertained unless it is filed at least one week before the first deadline the parties wish to extend. Likewise, no written discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party with a discovery dispute must first confer with the opposing party in a good faith effort to resolve the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the obligation of the moving party to arrange and originate the conference call to the court. To schedule this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at (661) 326-6620 or via email at SHall@caed.uscourts.gov. Counsel must comply with Local Rule 251 with respect to discovery disputes or the motion will be denied without prejudice and dropped from the Court's calendar.
The cross motions for summary judgment SHALL be filed no later than October 3, 2016. Oppositions SHALL be filed no later than November 28, 2016 and optional reply briefs may be filed no later than December 12, 2016. The Court will hear argument on the motions on January 9, 2017. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260.
VII. Motions for Summary Judgment or Summary Adjudication
At least 21 days before filing the cross motions for summary judgment, counsel are ORDERED to meet, in person or by telephone, to confer about the issues to be raised in the motions. The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement before the parties incur the expense of briefing a motion; and 6) to develop a joint statement of undisputed facts.
Counsel are jointly responsible for initiating the conference. At least five days before the conference, counsel for plaintiff SHALL provide a complete, proposed statement of undisputed material facts to counsel or defendants.1 At least two days before the conference, counsel for defendants SHALL propose, in writing, any additional undisputed, material facts (along with citation to the administrative record/evidence) needed for a full determination2 of the motions. The finalized joint statement of undisputed facts SHALL include all facts that the parties agree, for purposes of the motions, may be deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint statement of undisputed facts.
In the notice of motion the moving party SHALL certify that the parties have met and conferred as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to comply may result in the motion being stricken.
VIII. Trial Date
February 13, 2017, at 8:30 a.m. at the United States District Courthouse in Bakersfield, California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge.
A. This is a bench trial.
B. Counsels' Estimate of Trial Time: 2 days.
C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of California, Rule 285.
IX. Settlement Conference
If the parties desire a conference with the Court, they may file a joint written request for a settlement conference. Alternatively, the parties may file a joint written request for referral to the Court's Voluntary Dispute Resolution Program.
X. Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten Trial
Not applicable at this time.
XI. Related Matters Pending
There are no pending related matters.
XII. Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any amendments thereto. The Court must insist upon compliance with these Rules to efficiently handle its increasing case load, and sanctions will be imposed for failure to follow both the Federal Rules of Civil Procedure and the Local Rules of Practice for the Eastern District of California.
XIII. Effect of this Order
The foregoing order represents the best estimate of the court and counsel as to the agenda most suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by subsequent status conference.
The dates set in this Order are considered to be firm and will not be modified absent a showing of good cause even if the request to modify is made by stipulation. Stipulations extending the deadlines contained herein will not be considered unless they are accompanied by affidavits or declarations, and where appropriate attached exhibits, which establish good cause for granting the relief requested.
Failure to comply with this order may result in the imposition of sanctions.
IT IS SO ORDERED.
