Bryant v. Baires

Filing 43

ORDER GRANTING 40 Motion to Modify Scheduling Order; AMENDED NOTICE AND ORDER For Second Case Management Conference, signed by Magistrate Judge Peter Lewis on 3/5/2010. Discovery due by 3/31/2010. Settlement Conference set for 7/13/2010 at 10:00 AM before Magistrate Judge Peter Lewis Pretrial Conference set for 10/18/2010 at 11:00 AM before District Judge M. James Lorenz. (Sondheim, M)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 M. BAIRES, JAMES E. BRYANT, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No. 08cv1165 MJL (PCL) ORDER GRANTING MOTION Plaintiff, TO MODIFY SCHEDULING ORDER; and AMENDED NOTICE AND ORDER FOR SECOND CASE MANAGEMENT Defendant. CONFERENCE (Doc. No. 40) On February 18, 2010, the Court held a telephonic Mandatory Settlement Conference in v. 17 the above-referenced case. The parties were unable to settle on this date. On February 22, 2010, 18 Defendant filed a Motion to Modify Scheduling Order seeking to extend the previously imposed 19 deadlines for completion of certain discovery matters. (Doc. No. 40). Upon review of the 20 pending Motion, District Judge Lorenz' Order of March 4, 2010 (Doc. No. 41), and being 21 advised of the status of the case: 22 23 IT IS HEREBY ORDERED: 1. EXPERT DISCLOSURES: All amended expert disclosures required by Fed. R. 24 Civ. P. 26(a)(2) shall be served on all parties on or before June 16, 2010. Any contradictory or 25 rebuttal information shall be disclosed on or before June 30, 2010. In addition, Fed. R. Civ. P. 26 26(e)(2) imposes a duty on the parties to supplement the expert disclosures made pursuant to 27 Fed. R. Civ. P. 26(a)(2)(B) by the time that pretrial disclosures are due under Fed. R. Civ. P. 28 26(a)(3) (discussed below). 1 The parties are advised to consult with Fed. R. Civ. P. 26(a)(2) regarding expert 2 disclosures. 3 2. Please be advised that failure to comply with this section or any other 4 discovery order of the Court may result in the sanctions provided for in Fed. R. Civ. P. 37, 5 including a prohibition on the introduction of experts or other designated matters in 6 evidence. 7 3. DISCOVERY: All discovery, except specific discovery referenced in 8 Paragraphs Four (4) and Five (5) below, shall be completed on or before March 31, 2010. 9 "Completed" means that all discovery under Rules 30-36 of the Federal Rules of Civil Procedure 10 must be initiated a sufficient period of time in advance of the cut-off date, so that it may be 11 completed by the cut-off date, taking into account the times for service, notice and response as 12 set forth in the Federal Rules of Civil Procedure. Counsel shall promptly and in good faith meet 13 and confer with regard to all discovery disputes in compliance with Local Rule 26.1(a). All 14 discovery motions shall be filed within 30 days after counsel have met and conferred and 15 reached an impasse with regard to any particular discovery issue, but in no event shall discovery 16 motions be filed more than 30 days after the close of discovery. 17 4. SUBPPOENAS: Discovery subpoenas under Rule 45 must be initiated a 18 sufficient period of time in advance so discovery of any medical records may be completed by 19 June 30, 2010; and 20 5. DEPOSITION OF PLAINTIFF: The deposition of James E. Bryant may be 21 taken at California Substance Abuse Treatment Facility and State Prison upon reasonable notice 22 as provided by Rule 30(b) and must be concluded by June 30, 2010. 23 6. PRETRIAL MOTIONS: All other pretrial motions must be filed on or before 24 August 16, 2010. Motions will not be heard or calendared unless counsel for the moving party 25 has obtained a motion hearing date from the law clerk of the judge who will hear the motion. 26 Failure to timely request a motion date may result in the motion not being heard. 27 Briefs or memoranda in support of or in opposition to any pending motion shall not 28 exceed twenty-five (25) pages in length without leave of the judge who will hear the motion. No 08cv1165 MJL (PCL) 2 1 reply memorandum shall exceed ten (10) pages without leave of the judge who will hear the 2 motion. 3 7. MANDATORY SETTLEMENT CONFERENCE: A second telephonic 4 Mandatory Settlement Conference shall be conducted on July 13, 2010, at 10:00 a.m. before 5 Magistrate Judge Peter C. Lewis. Defendant's counsel is responsible for arranging Plaintiff's 6 telephonic appearance. Counsel or any party representing himself or herself may submit 7 confidential settlement briefs directly to chambers. Briefs must be received no later than July 6, 8 2010. 9 8. SETTLEMENT CONFERENCE BRIEFS: Parties may lodge a confidential 10 settlement brief prior to the Mandatory Settlement Conference. Settlement briefs should not 11 exceed ten (10) pages in length, double spaced, exclusive of exhibits, if any. Copies of all 12 documents that might enhance the productivity of negotiations (e.g., contracts, key 13 correspondence or memos, reports of experts, photos, medical bills, wage loss statements, 14 selected pages from deposition transcripts or responses to other discovery) should be attached as 15 exhibits to the settlement briefs with significant portions highlighted for easy reference. Parties 16 may also attach as exhibits helpful judicial opinions and information about the settlement or 17 judgment value of comparable cases. In addition, each brief shall set forth the following 18 confidential information: 19 20 21 22 23 24 (1) (2) (3) (4) (5) A brief analysis of the key issues involved in the litigation; A description of the strongest and weakest legal and factual points in the party's case; A description of the strongest and weakest legal and factual points in the opponent's case; The status of any settlement negotiations, including the last settlement proposal made by each party; and The settlement proposal that the party is willing to make in order to conclude the matter and spare the further expense of litigation. Parties should mail, electronically mail [efile_lewis@casd.uscourts.gov], or fax the 25 settlement briefs directly to chambers at (760) 353-9143. Settlement briefs are confidential 26 and shall not be served on opposing parties nor shall they be filed with the Clerk of the 27 Court. 28 08cv1165 MJL (PCL) 3 1 9. The parties must comply with the Pretrial disclosure requirements of Fed.R.Civ.P. 2 26(a)(3) on or before September 24, 2010. The parties should consult Fed. R. Civ. P. 26(a)(3) for 3 the substance of the required disclosures. 4 5 6 10. by the Court. 11. Counsel and unrepresented parties shall meet and confer on or before October No Memoranda of Contentions of Fact and Law are to be filed unless so ordered 7 1, 2010. At this meeting, counsel and unrepresented parties shall discuss and attempt to enter 8 into stipulations and agreements resulting in simplification of the triable issues. Counsel shall 9 exchange copies and/or display all exhibits other than those to be used for impeachment, lists of 10 witnesses and their addresses including experts who will be called to testify, and written 11 contentions of applicable facts and law. Counsel shall cooperate in the preparation of the 12 proposed final pretrial conference order. 13 14 15 12. 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 16 with the Clerk of the Court on or before October 8, 2010. Any objections shall comply with the 17 requirements of Fed. R. Civ. P. 26(a)(3). Please be advised that the failure to file written 18 objections to a party's pretrial disclosures may result in the waiver of such objections, with the 19 exception of those made pursuant to Rules 402 (relevance) and 403 (prejudice, confusion or 20 waste of time) of the Federal Rules of Evidence. Counsel shall also bring a court copy of the 21 pretrial order to the pretrial conference. 22 13. The final pretrial conference is scheduled on the calendar of the Honorable James 23 M. Lorenz, United States District Court Judge, in Courtroom 14 of the United States District 24 Court for the Southern District of California on October 18, 2010, at 11:00 a.m. 25 14. The dates and times set forth herein will not be further modified except for good 26 cause shown. 27 / / 28 / / 08cv1165 MJL (PCL) 4 1 15. Defense counsel shall serve a copy of this order on all parties that enter this case 2 hereafter. 3 IT IS SO ORDERED. 4 DATE: March 5, 2010 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 08cv1165 MJL (PCL) Peter C. Lewis U.S. Magistrate Judge United States District Court 5

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