Wheelock v. United States of America et al, No. 3:2007cv02177 - Document 18 (S.D. Cal. 2008)
Court Description: ORDER granting 17 joint Motion to re-set the Pretrial schedule; Amended CMC Order. A telephonic Case Management Conference shall be held before Magistrate Judge Adler on November 3, 2008 at 9:30 a.m. A Mandatory Settlement Conference set for August 18, 2009 at 10:00 a.m. in the chambers of Magistrate Judge Adler. The Proposed Final Pretrial Conference Order by 9/18/09. The final Pretrial Conference is scheduled on the calendar of the Honorable Jeffrey T. Miller on September 25, 2009 at 8:30 a.m. The trial is scheduled to commence on October 26, 2009 at 10:00 a.m. Signed by Magistrate Judge Jan M. Adler on 9/2/08. (tkl)
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Wheelock v. United States of America et al Doc. 18 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 GARY L. WHEELOCK, 12 Plaintiff, 13 v. 14 UNITED STATES OF AMERICA, et al., 15 Defendants. 16 17 ) ) ) ) ) ) ) ) ) ) ) ) Case No. 07-CV-2177-JM (JMA) ORDER GRANTING JOINT MOTION TO RE-SET THE PRE-TRIAL SCHEDULE [Doc. 17]; AMENDED CASE MANAGEMENT CONFERENCE ORDER REGULATING DISCOVERY AND OTHER PRETRIAL PROCEEDINGS (Fed. R. Civ. P. 16) (Local Rule 16.1) (Fed. R. Civ. P. 26) 18 19 20 On August 26, 2008, the parties filed a joint motion to re- 21 set the pre-trial schedule [Doc. 17]. 22 the Court GRANTS the joint motion, and issues an amended 23 scheduling order as set forth below. 24 IT IS HEREBY ORDERED: 25 1. Upon good cause appearing, Plaintiff(s) (or the party(ies) having the burden of 26 proof on any claim) shall serve on all parties a list of experts 27 whom that party expects to call at trial on or before October 3, 28 2008. Defendant(s) (or the party(ies) defending any claim, 07cv2177 Dockets.Justia.com 1 counterclaim, crossclaim, or third party claim) shall serve on 2 all parties a list of experts whom that party expects to call at 3 trial on or before October 3, 2008. 4 2008, any party may supplement its designation in response to any 5 other party's designation, so long as that party has not 6 previously retained an expert to testify on that subject. 7 designations shall include the name, address, and telephone 8 number of each expert, and a reasonable summary of the testimony 9 the expert is expected to provide. On or before October 24, Expert The list shall also include 10 the normal rates the expert charges for deposition and trial 11 testimony. 12 The parties must identify any person who may be used at 13 trial to present evidence pursuant to Rules 702, 703 or 705 of 14 the Federal Rules of Evidence. 15 to retained experts. 16 This requirement is not limited Please be advised that failure to comply with this section 17 or any other discovery order of the Court may result in the 18 sanctions provided for in Fed. R. Civ. P. 37, including a 19 prohibition on the introduction of experts or other designated 20 matters in evidence. 21 2. A telephonic Case Management Conference shall be held 22 before Magistrate Judge Adler on November 3, 2008 at 9:30 a.m. 23 Counsel for each party shall appear telephonically at this 24 conference. 25 3. The Court will initiate the conference call. Plaintiff shall serve all expert disclosures required 26 by Fed. R. Civ. P. 26(a)(2) on or before January 16, 2009. 27 Defendant shall serve all expert disclosures required by Fed. R. 28 Civ. P. 26(a)(2) on or before February 13, 2009. 2 Any 07cv2177 1 contradictory or rebuttal information shall be disclosed on or 2 before March 13, 2009. 3 imposes a duty on the parties to supplement the expert 4 disclosures made pursuant to Fed. R. Civ. P. 26(a)(2)(B) by the 5 time that pretrial disclosures are due under Fed. R. Civ. P. 6 26(a)(3) (discussed below). 7 to all persons retained or specially employed to provide expert 8 testimony, or whose duties as an employee of the party regularly 9 involve the giving of expert testimony. 10 In addition, Fed. R. Civ. P. 26(e)(1) This disclosure requirement applies Please be advised that failure to comply with this section 11 or any other discovery order of the Court may result in the 12 sanctions provided for in Fed. R. Civ. P. 37, including a 13 prohibition on the introduction of experts or other designated 14 matters in evidence. 15 4. All discovery shall be completed by all parties on or 16 before May 8, 2009. 17 Rules 30 through 36 of the Federal Rules of Civil Procedure must 18 be initiated a sufficient period of time in advance of the cutoff 19 date, so that it may be completed by the cutoff date, taking into 20 account the times for service, notice, and response as set forth 21 in the Federal Rules of Civil Procedure. 22 discovery shall be brought to the attention of Magistrate Judge 23 Adler no later than thirty (30) days following the date upon 24 which the event giving rise to the dispute occurred. 25 discovery, the event giving rise to the discovery dispute is the 26 completion of the transcript of the affected portion of the 27 deposition. 28 discovery dispute is the service of the response. "Completed" means that all discovery under All disputes concerning For oral For written discovery, the event giving rise to the 3 Counsel are 07cv2177 1 required to meet and confer prior to contacting the Court 2 regarding all discovery disputes pursuant to the requirements of 3 Local Rules 16.5(k) and 26.1(a). 4 5. All motions, other than motions to amend or join 5 parties, or motions in limine, shall be filed on or before May 6 26, 2009.1 7 counsel for the moving party has obtained a motion hearing date 8 from the law clerk of the judge who will hear the motion. 9 advised that the period of time between the date you request a 10 motion date and the hearing date may be up to sixty (60) days. 11 Please plan accordingly. 12 motion date may result in the motion not being heard. 13 Motions will not be heard or calendared unless Be Failure of counsel to timely request a Briefs or memoranda in support of or in opposition to any 14 pending motion shall not exceed twenty-five (25) pages in length 15 without leave of the judge who will hear the motion. 16 memorandum shall exceed ten (10) pages without such leave of 17 court. 18 6. No reply A Mandatory Settlement Conference shall be conducted on 19 August 18, 2009 at 10:00 a.m. in the chambers of Magistrate Judge 20 Adler. 21 Magistrate Judge Adler's chambers no later than August 11, 2009.2 22 The parties may either submit confidential settlement statements 23 or may exchange their settlement statements. 24 settlement statement shall set forth the party's statement of the Counsel shall submit settlement statements directly to Each party's 25 1 26 27 28 Counsel should note that while historically motion cutoff deadlines issued by this Court were deadlines for motion hearings, the motion cutoff dates now being issued establish deadlines for the parties to file motions. 2 Statements may be delivered directly to chambers, e-mailed to efile_adler@casd.uscourts.gov, or faxed to (619) 702-9939. 4 07cv2177 1 case, identify controlling legal issues, concisely set out issues 2 of liability and damages, and shall set forth the party's 3 settlement position, including the last offer or demand made by 4 that party, and a separate statement of the offer or demand the 5 party is prepared to make at the settlement conference. 6 settlement conference briefs shall not be filed with the Clerk of 7 the Court. 8 9 The All named parties, all counsel, and any other person(s) whose authority is required to negotiate and enter into 10 settlement shall appear in person at the conference. 11 individual(s) present at the Mandatory Settlement Conference with 12 settlement authority must have the unfettered discretion and 13 authority on behalf of the party to: 14 settlement options and to agree during the Mandatory Settlement 15 Conference to any settlement terms acceptable to the party (G. 16 Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 17 (7th Cir. 1989)), 2) change the settlement position of a party 18 during the course of the Mandatory Settlement Conference (Pitman 19 v. Brinker Int'l, Inc., 216 F.R.D. 481, 485-86 (D. Ariz. 2003)), 20 and 3) negotiate a settlement without being restricted by any 21 predetermined level of authority (Nick v. Morgan's Foods, Inc., 22 270 F.3d 590, 596 (8th Cir. 2001)). 23 The 1) fully explore all Governmental entities may appear through litigation counsel 24 only. 25 only is not acceptable. 26 not appear on behalf of a corporation as the party who has the 27 authority to negotiate and enter into a settlement. 28 of any counsel, party or authorized person to appear at the As to all other parties, appearance by litigation counsel Retained outside corporate counsel shall 5 The failure 07cv2177 1 Mandatory Settlement Conference as required will result in the 2 immediate imposition of sanctions. 3 will be informal, off the record, privileged, and confidential. 4 7. All conference discussions The parties must comply with the pretrial disclosure 5 requirements of Fed. R. Civ. P. 26(a)(3) no later than September 6 4, 2009. 7 8 9 10 11 8. No Memoranda of Contentions of Fact and Law are to be filed unless so ordered by the Court. 9. Counsel shall confer and take the action required by Local Rule 16.1(f)(4) on or before September 11, 2009. 10. The Proposed Final Pretrial Conference Order, including 12 written objections, if any, to any party's Fed. R. Civ. P. 13 26(a)(3) pretrial disclosures, shall be prepared, served, and 14 lodged with the Clerk's Office on or before September 18, 2009 15 and shall be in the form prescribed in Local Rule 16.1(f)(6). 16 Any objections shall comply with the requirements of Fed. R. Civ. 17 P. 26(a)(3). 18 objections to a party's pretrial disclosures may result in the 19 waiver of such objections, with the exception of those made 20 pursuant to Rules 402 (relevance) and 403 (prejudice, confusion 21 or waste of time) of the Federal Rules of Evidence. 22 11. Please be advised that the failure to file written The final Pretrial Conference is scheduled on the 23 calendar of the Honorable Jeffrey T. Miller on September 25, 2009 24 at 8:30 a.m. 25 October 26, 2009 at 10:00 a.m. 26 27 28 12. The trial is scheduled to commence on The dates and times set forth herein will not be modified except for good cause shown. 13. Plaintiff's(s') counsel shall serve a copy of this order 6 07cv2177 1 2 3 on all parties that enter this case hereafter. IT IS SO ORDERED. DATED: September 2, 2008 4 Jan M. Adler U.S. Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 07cv2177
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