Filed: Jan. 08, 2020
Latest Update: Jan. 08, 2020
Summary: NOTICE AND AMENDED ORDER: (1) FOR EARLY NEUTRAL EVALUATION AND (2) SETTING RULE 26 COMPLIANCE AND CASE MANAGEMENT CONFERENCE ANDREW G. SCHOPLER , Magistrate Judge . An Early Neutral Evaluation and Case Management Conference will be held in the Chambers of Magistrate Judge Andrew G. Schopler on March 17, 2020 , at 9:00 a.m. Notwithstanding the pendency of any motion, the parties must timely comply with the following dates, deadlines, and mandatory instructions: 1. Directions to Cha
Summary: NOTICE AND AMENDED ORDER: (1) FOR EARLY NEUTRAL EVALUATION AND (2) SETTING RULE 26 COMPLIANCE AND CASE MANAGEMENT CONFERENCE ANDREW G. SCHOPLER , Magistrate Judge . An Early Neutral Evaluation and Case Management Conference will be held in the Chambers of Magistrate Judge Andrew G. Schopler on March 17, 2020 , at 9:00 a.m. Notwithstanding the pendency of any motion, the parties must timely comply with the following dates, deadlines, and mandatory instructions: 1. Directions to Cham..
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NOTICE AND AMENDED ORDER: (1) FOR EARLY NEUTRAL EVALUATION AND (2) SETTING RULE 26 COMPLIANCE AND CASE MANAGEMENT CONFERENCE
ANDREW G. SCHOPLER, Magistrate Judge.
An Early Neutral Evaluation and Case Management Conference will be held in the Chambers of Magistrate Judge Andrew G. Schopler on March 17, 2020, at 9:00 a.m. Notwithstanding the pendency of any motion, the parties must timely comply with the following dates, deadlines, and mandatory instructions:
1. Directions to Chambers: Judge Schopler's Chambers are located at the Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Suite 5160, San Diego, California 92101. Do not report to Courtroom 5C; report to Chambers. In order to gain access to Chambers, the parties should take the elevator to the 5th Floor, turn to face the wooden double doors (labeled "Authorized Personnel Only" and "5150"), and press the wall buzzer labeled "#15 JUDGE SCHOPLER."
2. Mandatory Personal Appearances: All parties and lead attorneys must appear in person at the ENE. A party that is a business, organization, or other entity must have at least two people appear in person at the ENE: (1) the party's representative (someone other than the lead attorney) who has full settlement authority and (2) its lead attorney. In addition, anyone else needed to authorize full settlement must appear in person. Government entities are excused from this personal-appearance requirement, so long as their lead attorney appears in person and has the power to recommend a resolution to the ultimate settlement authority.
3. Interpreters: If a party is not fluent in English, that party's counsel must ensure that an appropriate Court-certified interpreter appears in person at the ENE. If a non-English-speaking party is not represented by counsel, that party must ensure that an appropriate Court-certified interpreter appears in person at the ENE.
4. Notice of Specific Settlement Impediments: If either party identifies a specific impediment to meaningful settlement discussions—for instance, a need to investigate an accident site or take a specific individual's deposition—it shall so inform the Court at the earliest possible opportunity, but no later than the deadline for the Joint Discovery Plan and ENE statement. The Court may then set a telephonic status conference to discuss the matter or take other action.
5. ENE Statements: By the below-listed date, the parties must email their ENE statements to efile_schopler@casd.uscourts.gov. Each statement, which is limited to five pages, must outline:
a. All ENE attendees for that side, including their names, titles, and positions.
b. The nature of the case, including the claims and defenses.
c. The requested settlement terms. These settlement terms may be attached as an addendum or exhibit, rather than included in the five-page ENE statement. But the requested settlement terms must include:
(1) A specific financial demand or offer (or a detailed explanation of why a financial demand or offer cannot be made), and
(2) All other settlement terms (for example, confidentiality, tax treatment, employment retention/termination, etc.).
If exhibits are attached and the total submission amounts to more than 20 pages, a courtesy hard copy must also be delivered directly to Chambers. At their discretion, the parties may choose to share their statements with opposing counsel or to keep them confidential.
6. Case Management: A Joint Discovery Plan must be filed on the CM/ECF system as well as lodged with Judge Schopler by emailing the Plan to efile_schopler@casd.uscourts.gov as set out below. If the Plan with its attachments exceeds 20 pages, a courtesy paper copy must be delivered to Judge Schopler's Chambers. If the parties wish to modify the tentative discovery dates or limitations listed below (confirmed dates are boldfaced; tentative dates are not), the Plan must set forth case-specific good cause for the proposed modifications.
CASE MANAGEMENT SCHEDULE
Event Deadline
Rule 26(f) Conference January 22, 2020
Rule 26 Initial Disclosures March 3, 2020
Joint Discovery Plan March 10, 2020
ENE Statements March 10, 2020
ENE and CMC March 17, 2020, at 900 a.m.
Motions to Amend May 15, 2020
Substantial Completion of July 31, 2020
Document Production
Fact Discovery Completion October 16, 2020
Expert Witness Designations December 2, 2020
and Disclosures
Rebuttal Expert Witness January 11, 2021
Designations and Disclosures
Expert Discovery Completion February 11, 2021
MSC Statements February 18, 2021
Mandatory Settlement February 25, 2021
Conference
Pretrial Motions and Daubert March 12, 2021
Motions
DISCOVERY LIMITATIONS
Discovery Type Restriction (Per Side)
Depositions No more than [10]
Requests for Admission No more than [25]
Interrogatories No more than [25]
Requests to Produce Documents No more than [25]
7. Magistrate Judge Consent Forms: If all parties consent to the Magistrate Judge exercising jurisdiction to conduct all proceedings, including trial, each party must provide plaintiff's counsel with an executed copy of the attached consent form. Plaintiff should file these consent forms in paper format at the Clerk's Office as soon as possible. See Local Civil Rule 73.1. The consent forms should not be filed with the court electronically. The parties are free to withhold consent without adverse consequences. In fact, unless all parties consent to the Magistrate Judge's jurisdiction, no judicial officer will be informed about the consent forms or their contents. Questions related to the consent forms should be directed only to the Clerk's Office at (619) 557-5600. Please do not call Chambers' staff with questions on this issue.
8. Notice to New Parties: If any parties respond to the complaint after today's date, plaintiff's counsel must promptly notify them about the ENE and this Order.
9. Pre-ENE Settlement: If the parties resolve the matter, they must telephone Judge Schopler's Chambers as soon as possible. In order for the ENE to be vacated and personal appearances excused, the parties must:
a. File a Joint Motion to Dismiss and separately email the assigned District Judge a proposed order; or
b. File a Settlement Notice containing the electronic signatures of counsel for all settling parties; or
c. Obtain Court approval to vacate the ENE and avoid personal appearances, by explaining in the telephone call to Judge Schopler's Chambers the extraordinary circumstances that prevent the parties from complying with options a or b, above.
