McAllister v. United States of America, No. 3:2019cv01490 - Document 72 (S.D. Cal. 2020)
Court Description: ORDER Granting 69 Joint Motion to Amend Scheduling Order and Issuing Amended Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. A Mandatory Settlement Conference is set for 7/23/2021 at 9:30 AM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 7/24/2020. (tcf)
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McAllister v. United States of America Doc. 72 Case 3:19-cv-01490-MMA-AHG Document 72 Filed 07/24/20 PageID.459 Page 1 of 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANTHONY McALLISTER, Case No.: 3:19-cv-01490-MMA-AHG Plaintiff, 12 13 v. 14 UNITED STATES OF AMERICA; “K” LINE RORO BULK SHIP MANAGEMENT CO., LTD.; BELOCEAN SHIPPING, S.A.; PASHA HAWAII HOLDINGS, LLC; and DOES 1-10, inclusive, 15 16 17 18 19 20 Third-Party Plaintiff, v. 23 SHANGHAI HIGHWAY, her engines, apparel, electronics, tackle, boats, appurtenances, etc., in rem, “K” LINE RORO BULK SHIP MANAGEMENT CO., LTD., BELOCEAN SHIPPING, S.A., and UNKNOWN DEFENDANTS 26 [ECF No. 69] UNITED STATES OF AMERICA, 22 25 ORDER GRANTING JOINT MOTION TO AMEND SCHEDULING ORDER AND ISSUING AMENDED SCHEDULING ORDER REGULATING DISCOVERY AND OTHER PRETRIAL PROCEEDINGS Defendants. 21 24 In Admiralty 27 28 1 3:19-cv-01490-MMA-AHG Dockets.Justia.com Case 3:19-cv-01490-MMA-AHG Document 72 Filed 07/24/20 PageID.460 Page 2 of 6 1 1-10, in personam, Third-Party Defendants. 2 3 UNITED STATES OF AMERICA, 4 Third-Party Plaintiff, 5 6 7 8 v. M/V MARJORIE C, her engines, apparel, electronics, tackle, boats, appurtenances, etc., in rem, Third-Party Defendant. 9 10 11 This matter comes before the Court on the parties’ Joint Motion for Amended 12 Scheduling Order. ECF No. 69. The Court discussed the motion with the parties during a 13 video status conference on July 24, 2020. ECF No. 71. After consulting with the attorneys 14 of record for the parties and being advised of the status of the case, and good cause 15 appearing, IT IS HEREBY ORDERED: 16 1. The Joint Motion (ECF No. 69) is GRANTED, except to the extent the parties 17 requested the Court set a trial date. As discussed infra ¶ 9, the trial date will not be set at 18 this time. 19 2. All fact discovery shall be completed by all parties by February 12, 2021. 20 “Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil 21 Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of 22 time in advance of the cut-off date, so that it may be completed by the cut-off date, taking 23 into account the times for service, notice and response as set forth in the Federal Rules of 24 Civil Procedure. Counsel shall promptly and in good faith meet and confer with 25 regard to all discovery disputes in compliance with Local Rule 26.1(a). A failure to 26 comply in this regard will result in a waiver of a party’s discovery issue. Absent an 27 order of the court, no stipulation continuing or altering this requirement will be 28 recognized by the court. The Court expects counsel to make every effort to resolve all 2 3:19-cv-01490-MMA-AHG Case 3:19-cv-01490-MMA-AHG Document 72 Filed 07/24/20 PageID.461 Page 3 of 6 1 disputes without court intervention through the meet and confer process. If the parties 2 reach an impasse on any discovery issue, the movant must e-mail chambers at 3 efile_goddard@casd.uscourts.gov no later than 45 days after the date of service of the 4 written discovery response that is in dispute, seeking a telephonic conference with the 5 Court to discuss the discovery dispute. The email must include: (1) at least three proposed 6 times mutually agreed upon by the parties for the telephonic conference; (2) a neutral 7 statement of the dispute; and (3) one sentence describing (not arguing) each parties’ 8 position. The movant must copy opposing counsel on the email. No discovery motion may 9 be filed until the Court has conducted its pre-motion telephonic conference, unless the 10 movant has obtained leave of Court. All parties are ordered to read and to fully comply 11 with the Chambers Rules of Magistrate Judge Allison H. Goddard. 12 3. The parties must designate their respective experts in writing by 13 November 6, 2020. The parties must identify any person who may be used at trial to 14 present evidence pursuant to Rules 702, 703 or 705 of the Fed. R. Evid. This requirement 15 is not limited to retained experts. The date for exchange of rebuttal experts must be by 16 November 20, 2020. The written designations must include the name, address and 17 telephone number of the expert and a reasonable summary of the testimony the expert is 18 expected to provide. The list must also include the normal rates the expert charges for 19 deposition and trial testimony. 20 4. By March 5, 2021, each party must comply with the disclosure provisions in 21 Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure 22 requirement applies to all persons retained or specially employed to provide expert 23 testimony, or whose duties as an employee of the party regularly involve the giving of 24 expert testimony. Except as provided in the paragraph below, any party that fails to 25 make these disclosures will not, absent substantial justification, be permitted to use 26 evidence or testimony not disclosed at any hearing or at the time of trial. In addition, 27 the Court may impose sanctions as permitted by Fed. R. Civ. P. 37(c). 28 5. Any party must supplement its disclosure regarding contradictory or rebuttal 3 3:19-cv-01490-MMA-AHG Case 3:19-cv-01490-MMA-AHG Document 72 Filed 07/24/20 PageID.462 Page 4 of 6 1 evidence under Fed. R. Civ. P. 26(a)(2)(D) by March 26, 2021. 2 6. All expert discovery must be completed by all parties by May 14, 2021. The 3 parties must comply with the same procedures set forth in the paragraph governing fact 4 discovery. 5 7. Failure to comply with this section or any other discovery order of the court 6 may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on 7 the introduction of experts or other designated matters in evidence. 8 8. All dispositive pretrial motions, including motions for summary judgment and 9 motions addressing Daubert issues, must be filed by June 11, 2021.1 Counsel for the 10 moving party must obtain a motion hearing date from Judge Anello’s law clerk. The period 11 of time between the date you request a motion date and the hearing date may vary from 12 one district judge to another. Please plan accordingly. Failure to make a timely request 13 for a motion date may result in the motion not being heard. 14 9. If appropriate, following the filing of an order ruling on a motion for summary 15 judgment or other dispositive pretrial motion, or in the event no such motion is filed, after 16 the expiration of the deadline set forth in paragraph 8, supra, Judge Anello will issue a 17 pretrial scheduling order setting a pretrial conference, trial date, and all related pretrial 18 deadlines. The parties must review and be familiar with Judge Anello’s Civil Chambers 19 Rules, which provide additional information regarding pretrial scheduling. 20 10. A Mandatory Settlement Conference shall be conducted on July 23, 2021 at 21 9:30 AM in the chambers of Magistrate Judge Allison H. Goddard. Plaintiff must 22 serve on Defendant a written settlement proposal, which must include a specific demand 23 amount, no later than July 2, 2021. The defendant must respond to the plaintiff in 24 writing with a specific offer amount prior to the Meet and Confer discussion. The parties 25 should not file or otherwise copy the Court on these exchanges. Rather, the parties must 26 27 1 28 This deadline is not applicable to pretrial motions in limine. For further information regarding motions in limine, please refer to Judge Anello’s Civil Chambers Rules. 4 3:19-cv-01490-MMA-AHG Case 3:19-cv-01490-MMA-AHG Document 72 Filed 07/24/20 PageID.463 Page 5 of 6 1 include their written settlement proposals in their respective Settlement Conference 2 Statements to the Court. Counsel for the parties must meet and confer in person or by 3 phone no later than July 9, 2021. Each party must prepare a Settlement Conference 4 Statement, which will be served on opposing counsel and lodged with the Court no later 5 than July 14, 2021. The Statement must be lodged in .pdf format via email to 6 efile_goddard@casd.uscourts.gov (not filed). The substance of the Settlement 7 Conference Statement must comply fully with Judge Goddard’s Mandatory Settlement 8 Conference Rules (located at 9 https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Mandatory%20Settlem 10 ent%20Conference%20Rules.pdf). Each party may also prepare an optional 11 Confidential Settlement Letter for the Court’s review only, to be lodged with the Court 12 no later than July 14, 2021. The Letter must be lodged in .pdf format via email to 13 efile_goddard@casd.uscourts.gov (not filed). Should a party choose to prepare a Letter, 14 the substance of the Settlement Conference Letter must comply fully with Judge 15 Goddard’s Mandatory Settlement Conference Rules. All parties are ordered to read 16 and to fully comply with the Chambers Rules and Mandatory Settlement 17 Conference Rules of Magistrate Judge Allison H. Goddard. 18 19 11. within 30 days of verdict in the case. 20 21 A post trial settlement conference before a magistrate judge may be held 12. The dates and times set forth herein will not be modified except for good cause shown. 22 13. Briefs or memoranda in support of or in opposition to any pending motion 23 must not exceed twenty-five (25) pages in length without leave of a district court judge. 24 No reply memorandum will exceed ten (10) pages without leave of a district court judge. 25 Briefs and memoranda exceeding ten (10) pages in length must have a table of contents 26 and a table of authorities cited. 27 \\ 28 \\ 5 3:19-cv-01490-MMA-AHG Case 3:19-cv-01490-MMA-AHG Document 72 Filed 07/24/20 PageID.464 Page 6 of 6 1 2 3 14. Plaintiff’s counsel must serve a copy of this order on all parties that enter this case hereafter. IT IS SO ORDERED. 4 5 Dated: July 24, 2020 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 3:19-cv-01490-MMA-AHG
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