-BLM Friedman v. Godiva Chocolatier, Inc. et al, No. 3:2009cv00977 - Document 29 (S.D. Cal. 2010)
Court Description: ORDER Granting 28 Motion to Continue Class Certification Motion and Other Deadlines. The Proposed Pretrial Order is due by 2/21/2011. The Final Pretrial Conference is continued to 2/28/2011 11:00 AM in Courtroom 14 before Judge M. James Lorenz. Signed by Magistrate Judge Barbara Lynn Major on 6/22/10. (vet)
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-BLM Friedman v. Godiva Chocolatier, Inc. et al Doc. 29 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 BARRY FRIEDMAN, on behalf of himself, all other persons similarly situated and the general public, ) ) ) ) ) Plaintiff, ) ) v. ) ) GODIVA CHOCOLATIER, INC., UKLER ) GROUP, and DOES 1 through 100, ) inclusive, ) ) Defendants. ) ) Case No. 09cv977-L (BLM) ORDER GRANTING JOINT MOTION TO CONTINUE CLASS CERTIFICATION MOTION AND OTHER DEADLINES [Doc. No. 28] 19 On June 18, 2010, the parties filed their fourth joint motion to 20 continue the class certification motion deadline and other deadlines. 21 Doc. No. 28. 22 diligence of counsel,” Plaintiff has still “not had the opportunity to 23 depose the 30(b)(6) of [Defendant] in respect to class certification 24 issues.” 25 confer efforts,” all parties have agreed that the 30(b)(6) deposition 26 will be conducted in New York on July 15, 2010. 27 the efforts of counsel as detailed in the joint motion and their 28 averment that July 15, 2010 is the earliest the 30(b)(6) deposition can The parties state that despite the “cooperation and the Id. at 1-2. However, “[a]s a result of extensive meet and Id. at 3-4. Based on 09cv977-L (BLM) Dockets.Justia.com 1 occur, the Court reluctantly continues the deadline to file the class 2 certification motion and other deadlines one last time. 3 appearing, the current joint motion is GRANTED as follows: 4 5 6 1. Good cause Plaintiff’s motion for class certification must be filed on or before August 6, 2010. 2. Each party shall serve on all opposing parties a list of 7 experts, whom that party expects to call at trial, on or before August 8 23, 2010 Each party may supplement its designation in response to the 9 other party’s designation no later than September 7, 2010. Expert 10 designations shall include the name, address, and telephone number of 11 each expert and a reasonable summary of the testimony the expert is 12 expected to provide. 13 expert charges for deposition and trial testimony. The list shall also include the normal rates the 14 The parties must identify any person who may be used at trial to 15 present evidence pursuant to Rules 702, 703 or 705 of the Federal Rules 16 of Evidence. This requirement is not limited to retained experts. 17 Please be advised that failure to comply with this section or any 18 other discovery order of the Court may result in the sanctions provided 19 for in Fed. R. Civ. P. 37, including a prohibition on the introduction 20 of experts or other designated matters in evidence. 21 3. All expert disclosures required by Fed. R. Civ. P. 26(a)(2) 22 shall be served on all parties on or before September 21, 2010. 23 contradictory or rebuttal information shall be disclosed on or before 24 October 5, 2010. 25 on the parties to supplement the expert disclosures made pursuant to 26 Fed. R. Civ. P. 26(a)(2)(B) by the time that pretrial disclosures are 27 due under Fed. R. Civ. P. 26(a)(3) (discussed below). 28 Any In addition, Fed. R. Civ. P. 26(e)(2) imposes a duty The parties are advised to consult with Fed. R. Civ. P. 26(a)(2) 09cv977-L (BLM) 2 1 regarding expert disclosures. 2 report, all supporting materials, a complete statement of all opinions 3 to be expressed and the basis and reasons therefor, the data or other 4 information considered by the expert in forming the opinions, any 5 exhibits to be used as a summary of or support for the opinions, the 6 qualifications of the witness including a list of all publications 7 authored by the witness within the preceding ten years, the compensation 8 to be paid for the study and testimony, and a list of other cases in 9 which the witness has testified as an expert at trial or by deposition 10 Such disclosures shall include an expert within the preceding four years. 11 This disclosure requirement applies to all persons retained or 12 specially employed to provide expert testimony or whose duties as an 13 employee of the party regularly involve the giving of expert testimony. 14 Please be advised that failure to comply with this section or any 15 other discovery order of the Court may result in the sanctions provided 16 for in Fed. R. Civ. P. 37, including a prohibition on the introduction 17 of experts or other designated matters in evidence. 18 4. All discovery shall be completed by all parties on or before 19 November 4, 2010. 20 36 of the Federal Rules of Civil Procedure, and discovery subpoenas 21 under Rule 45, must be initiated a sufficient period of time in advance 22 of the cut-off date, so that it may be completed by the cut-off date, 23 taking into account the times for service, notice, and response as set 24 forth in the Federal Rules of Civil Procedure. "Completed" means that all discovery under Rules 30- 25 Counsel shall promptly and in good faith meet and confer with 26 regard to all discovery disputes in compliance with Civil Local Rules 27 16.5(k) and 26.1(a). All discovery motions shall be filed within thirty 28 (30) days after counsel have met and conferred and reached an impasse 09cv977-L (BLM) 3 1 with regard to any particular discovery issue, but in no event shall 2 discovery motions be filed more than sixty (60) days after the date upon 3 which the event giving rise to the discovery dispute occurred. 4 discovery, the event giving rise to the discovery dispute is the 5 completion of the transcript of the affected portion of the deposition. 6 For written discovery, the event giving rise to the discovery dispute is 7 either the service of the response, or, if no response was served, the 8 initial date the response was due. 9 must be filed within thirty (30) days after the close of discovery. 10 5. For oral In addition, all discovery motions All other pretrial motions must be filed on or before December 11 3, 2010. 12 moving party has obtained a motion hearing date from the law clerk of 13 the judge who will hear the motion. 14 date may result in the motion not being heard. 15 Motions will not be heard or calendared unless counsel for the Failure to timely request a motion Questions regarding this case should be directed to the judge's law 16 clerk. 17 Lorenz's Standing Order in Civil Cases, which is accessible via the 18 "Chambers' Rules" section of the Southern District of California's 19 website. The Court draws the parties' attention to Local Rule 7.1(e)(4) 20 which requires that the parties allot additional time for service of 21 motion papers by mail. 22 accepted for filing. Prior to contacting chambers, the parties shall consult Judge Papers not complying with this rule shall not be 23 Briefs or memoranda in support of or in opposition to any pending 24 motion shall not exceed twenty-five (25) pages in length without leave 25 of the judge who will hear the motion. 26 ten (10) pages without leave of the judge who will hear the motion. 27 28 6. No reply memorandum shall exceed Pursuant to Local Rule 7.1(f)(3)(c), if an opposing party fails to file opposition papers in the time and manner required by Local 09cv977-L (BLM) 4 1 Rule 7.1(e)(2), that failure may constitute a consent to the granting of 2 a motion or other request for ruling by the Court. 3 parties are ordered to abide by the terms of Local Rule 7.1(e)(2) or 4 otherwise face the prospect of any pretrial motion being granted as an 5 unopposed motion pursuant to Local Rule 7.1(f)(3)(c). 6 7. Accordingly, all Should either party choose to file or oppose a motion for 7 summary judgment or partial summary judgment, no Separate Statement of 8 Disputed or Undisputed Facts is required. 9 8. The parties must comply with the pretrial disclosure 10 requirements of Fed. R. Civ. P. 26(a)(3) no later than January 31, 2011. 11 The parties should consult Fed. R. Civ. P. 26(a)(3) for the substance of 12 the required disclosures. 13 Please be advised that failure to comply with this section or any 14 other discovery order of the Court may result in the sanctions provided 15 for in Fed. R. Civ. P. 37, including a prohibition on the introduction 16 of designated matters in evidence. 17 9. Despite the requirements of Local Rule 16.1(f), neither party 18 is required to file Memoranda of Contentions of Fact and Law at any 19 time. 20 their pretrial disclosure requirements under Fed. R. Civ. P. 26(a)(3) 21 and drafting and submitting a proposed pretrial order by the time and 22 date specified in Local Rule 16.1(f)(6). 23 The parties shall instead focus their efforts on complying with 10. Counsel shall confer and take the action required by Local 24 Rule 16.1(f)(4) on or before February 7, 2011. At this meeting, counsel 25 shall discuss and attempt to enter into stipulations and agreements 26 resulting in simplification of the triable issues. 27 exchange copies and/or display all exhibits other than those to be used 28 for impeachment, and lists of witnesses and their addresses including Counsel shall 09cv977-L (BLM) 5 1 experts who will be called to testify. 2 in accordance with Local Rule 16.1(f)(2)(c). Counsel shall cooperate in 3 the preparation of the proposed final pretrial conference order. 4 11. The proposed final pretrial The exhibits shall be prepared conference order, including 5 written objections, if any, to any party's Fed. R. Civ. P. 26(a)(3) 6 pretrial disclosures, shall be prepared, served, and submitted to the 7 Clerk's Office on or before February 21, 2011 and shall be in the form 8 prescribed in and in compliance with Local Rule 16.1(f)(6). 9 objections shall comply with the requirements of Fed. R. Civ. P. 10 26(a)(3). Please be advised that the failure to file written objections 11 to a party's pretrial disclosures may result in the waiver of such 12 objections, with the exception of those made pursuant to Rules 402 13 (relevance) and 403 (prejudice, confusion or waste of time) of the 14 Federal Rules of Evidence. 15 12. Any The final pretrial conference is scheduled on the calendar of 16 the Honorable M. James Lorenz on February 28, 2011 at 11:00 a.m. 17 trial date will be assigned by the district judge at the pretrial 18 conference. 19 13. The The dates and times set forth herein will not be modified 20 except for good cause shown. 21 IT IS SO ORDERED. 22 23 DATED: June 22, 2010 24 25 BARBARA L. MAJOR United States Magistrate Judge 26 27 28 09cv977-L (BLM) 6
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