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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 PLAINTIFF’S NAME, et al., Case No. 0:00-cv-00000-CV ( x)
12 Plaintiff/s,
ORDER SETTING SCHEDULING
13 v. CONFERENCE
14
DEFENDANT’S NAME, et al., Date:
15 Time: 1:30 p.m.
Defendant/s.
16 Courtroom: 5D
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19 PLEASE READ THIS ORDER CAREFULLY. IT CONTROLS THIS
20 ACTION AND DIFFERS IN SOME RESPECTS FROM THE LOCAL
21 RULES. WHEN CONSULTING THIS ORDER, PLEASE BE SURE TO USE
22 THE MOST UPDATED VERSION LOCATED ON JUDGE VALENZUELA’S
23 WEBPAGE. 1
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Judge Valenzuela’s webpage can be found at
28 https://www.cacd.uscourts.gov/honorable-cynthia-valenzuela.
Rev. 3/13/25 1
1 I. Introduction
2 This case has been assigned to United States District Judge Cynthia
3 Valenzuela. This matter is set for a Scheduling Conference on the above date in
4 Courtroom 5D of the First Street Courthouse, 350 West 1st Street, Los Angeles, CA,
5 90012. If Plaintiff has not already served the operative complaint on all Defendants,
6 Plaintiff shall do so promptly and shall file proofs of service of the summons and
7 complaint within three (3) days thereafter. See Fed. R. Civ. P. 4; Local Rule 4.
8 Defendants also shall timely serve and file their responsive pleadings and comply
9 with the requirements of Local Rule 5-3.2. At the Scheduling Conference, the Court
10 will set a date by which motions to amend the pleadings or add parties must be
11 heard.
12 The Scheduling Conference will be held pursuant to Fed. R. Civ. P. 16(b).
13 The parties are reminded of their obligations under Fed. R. Civ. P. 26(a)(1) to make
14 initial disclosures without awaiting a discovery request, and under Fed. R. Civ. P.
15 26(f) to confer regarding a discovery plan at least twenty-one (21) days before the
16 Scheduling Conference. The Court allows discovery to commence as soon as the
17 first answer or motion to dismiss is filed. The parties should note that, unless
18 otherwise ordered, discovery shall not be stayed while any motion is pending,
19 including any motion to dismiss, motion for protective order or motion to stay. The
20 parties are directed to conduct any necessary discovery as soon as possible, as
21 the Court is not inclined to grant any extensions of the discovery or other case-
22 related deadlines.
23 Counsel and parties appearing pro se (without an attorney) are expected to
24 comply with the Federal Rules of Civil Procedure and all Local Rules concerning
25 discovery. Whenever possible, the Court expects counsel to resolve discovery
26 disputes among themselves in a courteous, reasonable, and professional manner. The
27 Court expects that counsel will adhere strictly to the Central District of California’s
28 Civility and Professionalism Guidelines. See
Rev. 3/13/25 2
1 https://www.cacd.uscourts.gov/attorneys/admissions/civility-and-professionalism-
2 guidelines.
3 II. Joint Rule 26(f) Report
4 The Joint Rule 26(f) Report must be filed at least fourteen (14) days before the
5 Scheduling Conference. The Court does not require and discourages the submission
6 of courtesy chambers copies of Joint Reports that have been electronically filed.
7 The Joint Rule 26(f) Report shall be drafted by Plaintiff’s counsel or, if
8 Plaintiff is appearing pro se, Defendants’ counsel (unless the parties agree
9 otherwise) but shall be submitted and signed jointly. “Jointly” means a single report
10 regardless of the number of separately represented parties involved in the case. The
11 Joint Rule 26(f) Report shall specify the date of the Scheduling Conference on the
12 caption page and shall report on all matters described below as specified by Fed. R.
13 Civ. P. 26(f) and Local Rule 26:
14 a. Statement of the Case: A short synopsis (not to exceed two pages) of
15 the main claims, counterclaims, and affirmative defenses.
16 b. Subject Matter Jurisdiction: A statement of the specific basis of federal
17 jurisdiction, including supplemental jurisdiction. If there is a federal
18 question, cite the federal law under which the claim arises.
19 c. Legal Issues: A brief description of the key legal issues, including any
20 unusual substantive, procedural, or evidentiary issues.
21 d. Parties and Evidence: A list of parties, percipient witnesses, and key
22 documents or other evidence concerning the main issues in the case. For
23 conflict purposes, corporate parties must identify all subsidiaries,
24 parents, and affiliates.
25 e. Damages: The realistic range of provable damages.
26 f. Insurance: Whether insurance coverage exists, the extent of coverage,
27 and whether there has been or will be a reservation of rights.
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1 g. Motions: A statement of the likelihood of motions seeking to add other
2 parties or claims, file amended pleadings, transfer venue, or challenge
3 the Court’s jurisdiction.
4 h. Dispositive Motions: A description of the issues or claims any party
5 believes may be determined by motion to dismiss or motion for
6 summary judgment.
7 i. Manual for Complex Litigation: Whether all or part of the procedures of
8 the Manual for Complex Litigation should be utilized.
9 j. Status of Discovery: A discussion of the present state of discovery,
10 including a summary of pending and completed discovery, and any
11 current or anticipated disputes.
12 k. Discovery Plan: A detailed discovery plan, as contemplated by Fed. R.
13 Civ. P. 26(f). State what, if any, changes in the disclosures under Fed. R.
14 Civ. P. 26(a) should be made, the subjects on which discovery may be
15 needed and whether discovery should be conducted in phases or
16 otherwise be limited, whether applicable limitations should be changed
17 or other limitations imposed, and whether the Court should enter other
18 orders. A statement that discovery will be conducted as to all claims and
19 defenses or other vague description is not acceptable.
20 l. Discovery Cut-off: A proposed discovery cut-off date governing the
21 completion of all fact discovery, including resolution of all discovery
22 motions.
23 m. Expert Discovery: Proposed dates for initial and rebuttal expert witness
24 disclosures and expert discovery cut-off under Fed. R. Civ. P. 26(a)(2).
25 n. Settlement Conference / Alternative Dispute Resolution (“ADR”): A
26 statement of what settlement negotiations have occurred, excluding any
27 statement of the terms discussed. If a Notice to Parties of Court-Directed
28 ADR Program (Form ADR-08) was filed in this case, the Court will
Rev. 3/13/25 4
1 refer it to the Magistrate Judge, the Court Mediation Panel, or to private
2 mediation at the parties’ expense. The parties must state their preference
3 in the Joint Rule 26(f) Report. The Court will exercise its discretion to
4 select an ADR option for the parties if they fail to state a preference. No
5 case will proceed to trial unless all parties, including an officer with full
6 settlement authority for corporate parties, have appeared personally at an
7 ADR proceeding.
8 o. Trial Estimate: A realistic estimate, in days, of the Court time required
9 for trial and whether trial will be by jury or by the Court. Each side
10 should specify by number, not by name, the number of witnesses it
11 contemplates calling. If the time estimate for trial given in the Joint Rule
12 26(f) Report exceeds four court days, counsel must address in detail in
13 the Report the basis for the estimate.
14 p. Trial Counsel: The names of the attorneys who will try the case.
15 q. Independent Expert or Master: Whether the Court should consider
16 appointing a master pursuant to Fed. R. Civ. P. 53 or an independent
17 scientific expert at the parties’ expense. The appointment of a master
18 may be appropriate in cases where the parties anticipate substantial
19 discovery disputes, numerous claims to be construed in connection with
20 a summary judgment motion, a lengthy Daubert hearing, or a resolution
21 of a difficult computation of damages.
22 r. Schedule Worksheet: The parties must make every effort to agree on all
23 pretrial and trial dates and must complete the appropriate Schedule of
24 Pretrial and Trial Dates Worksheet (“Worksheet”) and include it with
25 their Joint Rule 26(f) Report. The entries in the “Weeks Before FPTC”
26 column reflect what the Court believes is appropriate for most cases and
27 will allow the Court to rule on potentially dispositive motions
28 sufficiently in advance of the Final Pretrial Conference. However, the
Rev. 3/13/25 5
1 parties may propose other dates by which the key requirements must be
2 completed. Each date should be stated as month, day, and year, e.g.,
3 1/15/2020. The Final Pretrial Conference and other hearings shall be
4 held on Fridays at 1:30 p.m. Other deadlines that do not involve the
5 Court can be any day of the week. The parties must avoid holidays. The
6 Court may order different dates from those the parties propose. The
7 discovery cut-off date is the last day by which all depositions must be
8 completed, responses to previously served written discovery must be
9 provided, and motions concerning discovery disputes must be heard. The
10 cut-off date for motions is the last date on which motions must be heard,
11 not filed. If the parties would like the Court to set dates in addition to
12 those listed on the Worksheet, they may so request by separate
13 Stipulation and Proposed Order. Separate Worksheets are provided for
14 class actions, patent cases, cases under the Freedom of Information Act
15 (“FOIA”), and cases for benefits under the Employee Retirement
16 Income Security Act of 1974 (“ERISA”).
17 s. Other Issues: A statement of any other issues affecting the status or
18 management of the case, including unusually complicated technical or
19 technological issues, disputes over protective orders, extraordinarily
20 voluminous document production, non-English speaking witnesses,
21 reasonable ADA accommodations, discovery in foreign jurisdictions, the
22 applicability of foreign law, the advanced age or health of parties or key
23 witnesses, and any proposals concerning severance, bifurcation, or other
24 ordering of proof.
25 The Joint Rule 26(f) Report should set forth the above-described information
26 under section headings corresponding to those in this Order.
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1 III. Scheduling Conference
2 The Court may vacate the Scheduling Conference and issue the Scheduling
3 Order based solely on the parties’ Joint Rule 26(f) Report pursuant to Fed. R. Civ. P.
4 16(b). If the Court elects to conduct a scheduling conference, lead trial counsel must
5 attend unless excused by the Court for good cause before the conference.
6 The failure to submit a joint report in advance of the Scheduling Conference or
7 to attend the Scheduling Conference may result in the dismissal of the action, the
8 striking of the Answer and entering a default, and/or the imposition of sanctions. A
9 request to continue the Scheduling Conference will be granted only for good cause.
10 IV. Notice to be Provided by Counsel
11 Plaintiff’s counsel or, if Plaintiff is appearing pro se, Defendant’s counsel,
12 shall provide this Order to any parties who first appear after the date of this Order
13 and to parties who are known to exist but have not yet entered appearances.
14 V. Disclosures to Clients
15 Counsel are ordered to deliver to their clients a copy of this Order and the
16 Court’s forthcoming Scheduling and Trial Order, which will contain the pretrial and
17 trial schedule for this action.
18 VI. Court’s Website
19 This and all other generally applicable Orders of this Court are available on
20 Judge Valenzuela’s webpage: https://www.cacd.uscourts.gov/honorable-cynthia-
21 valenzuela. The Local Rules are also available on the Court’s website:
22 https://www.cacd.uscourts.gov/court-procedures/local-rules.
23
24 IT IS SO ORDERED.
25 Dated: March 18, 2025
26
______________________________
27 HON. CYNTHIA VALENZUELA
28 UNITED STATES DISTRICT JUDGE
Rev. 3/13/25 7
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Rev. 3/13/25 8
STANDARD SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.
The parties must make every effort to agree on dates or the Court will set them.
Case No. Case Name:
Pl(s)’ Date Def(s)’ Date
Trial and Final Pretrial Conference Dates
mm/dd/yyyy mm/dd/yyyy
Check one: ☐ Jury Trial or ☐ Bench Trial
[Tuesday at 9:00 a.m. within 13–16 months of Scheduling Conference]
Estimated Duration: _______ Days
Final Pretrial Conference (“FPTC”) [L.R. 16], Hearing on Motions in Limine
[Friday at 1:30 p.m. at least 17 days before trial]
Event
Pl(s)’ Date Def(s)’ Date
Note: Hearings shall be on Fridays at 1:30 p.m. Time Computation
mm/dd/yyyy mm/dd/yyyy
Other dates can be any day of the week.
91 days after scheduling
Last Date to Hear Motion to Amend Pleadings or Add Parties [Friday]
conference
Fact Discovery Cut-Off [Friday]
21 weeks before FPTC
(no later than deadline for filing dispositive motion)
Expert Disclosure (Initial) 20 weeks before FPTC
Expert Disclosure (Rebuttal) 18 weeks before FPTC
Expert Discovery Cut-Off 16 weeks before FPTC
Last Date to Hear Motions [Friday]
Joint Brief due at least 28 days before hearing 9 weeks before FPTC
Supplemental Memoranda (if any) due 14 days before hearing
Deadline to Complete Settlement Conference [L.R. 16-15]
Select one: ☐ 1. Magistrate Judge (with Court approval)
☐ 2. Court Mediation Panel 5 weeks before FPTC
☐ 3. Private Mediation
Trial Filings (first round) [Friday]
Motions in Limine
Memoranda of Contentions of Fact and Law [L.R. 16-4]
Witness Lists [L.R. 16-5]
Joint Exhibit List [L.R. 16-6.1]
Joint Status Report Regarding Settlement
4 weeks before FPTC
Proposed Findings of Fact and Conclusions of Law [L.R. 52]
(bench trial only)
Declarations Containing Direct Testimony, if ordered
(bench trial only)
Trial Filings (second round) [Friday]
Oppositions to Motions in Limine
Joint Proposed Final Pretrial Conference Order [L.R. 16-7]
Joint Agreed Upon Proposed Jury Instructions (jury trial only)
Disputed Proposed Jury Instructions (jury trial only)
Joint Proposed Verdict Forms (jury trial only)
2 weeks before FPTC
Joint Proposed Statement of the Case (jury trial only)
Proposed Voir Dire Questions, if any (jury trial only)
Evidentiary Objections to Declarations of Direct Testimony
(bench trial only)
Rev. 3/13/25
CLASS ACTION SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.
The parties must make every effort to agree on dates or the Court will set them.
Case No. Case Name:
Pl(s)’ Date Def(s)’ Date
Trial and Final Pretrial Conference Dates
mm/dd/yyyy mm/dd/yyyy
Check one: ☐ Jury Trial or ☐ Bench Trial To be set by To be set by
Estimated Duration: _______ Days the Court the Court
To be set by To be set by
Final Pretrial Conference (“FPTC”) [L.R. 16], Hearing on Motions in Limine
the Court the Court
Event
Pl(s)’ Date Def(s)’ Date
Note: Hearings shall be on Fridays at 1:30 p.m. Time Computation
mm/dd/yyyy mm/dd/yyyy
Other dates can be any day of the week.
91 days after scheduling
Last Date to Hear Motion to Amend Pleadings or Add Parties [Friday]
conference
39 weeks after
Last Date to Hear Motion for Class Certification [Friday]
scheduling conference
Fact Discovery Cut-Off [Friday] 68 weeks after
(no later than deadline for filing dispositive motion) scheduling conference
69 weeks after
Expert Disclosure (Initial)
scheduling conference
71 weeks after
Expert Disclosure (Rebuttal)
scheduling conference
73 weeks after
Expert Discovery Cut-Off
scheduling conference
Last Date to Hear Motions [Friday] To be set by To be set by
Joint Brief due at least 28 days before hearing To be set by the Court
Supplemental Memoranda (if any) due 14 days before hearing
the Court the Court
Deadline to Complete Settlement Conference [L.R. 16-15]
Select one: ☐ 1. Magistrate Judge (with Court approval) 84 weeks after
☐ 2. Court Mediation Panel scheduling conference
☐ 3. Private Mediation
Trial Filings (first round) [Friday]
Motions in Limine
Memoranda of Contentions of Fact and Law [L.R. 16-4]
Witness Lists [L.R. 16-5]
Joint Exhibit List [L.R. 16-6.1] To be set by To be set by
To be set by the Court
Joint Status Report Regarding Settlement the Court the Court
Proposed Findings of Fact and Conclusions of Law [L.R. 52]
(bench trial only)
Declarations Containing Direct Testimony, if ordered
(bench trial only)
Trial Filings (second round) [Friday]
Oppositions to Motions in Limine
Joint Proposed Final Pretrial Conference Order [L.R. 16-7]
Joint Agreed Upon Proposed Jury Instructions (jury trial only)
Disputed Proposed Jury Instructions (jury trial only) To be set by To be set by
To be set by the Court
Joint Proposed Verdict Forms (jury trial only) the Court the Court
Joint Proposed Statement of the Case (jury trial only)
Proposed Voir Dire Questions, if any (jury trial only)
Evidentiary Objections to Declarations of Direct Testimony
(bench trial only)
Rev. 3/13/25
PATENT ACTION SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.
The parties must make every effort to agree on dates or the Court will set them.
Case No. Case Name:
Pl(s)’ Date Def(s)’ Date
Trial and Final Pretrial Conference Dates
mm/dd/yyyy mm/dd/yyyy
Check one: ☐ Jury Trial or ☐ Bench Trial
[Monday at 8:15 a.m. within 15–21 months of Scheduling]
Estimated Duration: _______ Days
Final Pretrial Conference (“FPTC”) [L.R. 16], Hearing on Motions in Limine
[Friday at 1:30 p.m. at least 17 days before trial]
Event
Pl(s)’ Date Def(s)’ Date
Note: Hearings shall be on Fridays at 1:30 p.m. Time Computation
mm/dd/yyyy mm/dd/yyyy
Other dates can be any day of the week.
91 days after scheduling
Last Date to Hear Motion to Amend Pleadings or Add Parties [Friday]
conference
Deadline to Serve Infringement Contentions & Related Disclosures 14 days after scheduling
[Patent Rules 2(a), (b)] conference
Deadline to Serve Invalidity Contentions & Related Disclosures 59 days after scheduling
[Patent Rules 2(c), (d)] conference
14 days after deadline to
serve Invalidity
Contentions; 42 days
after deadline to serve
Deadline to Exchange Proposed Terms for Construction Infringement Contentions
[Patent Rule 3(a)] (if validity is not at issue);
or 14 days after service
of Answer in declaratory
judgment actions not
based on validity).
21 days after deadline to
Deadline to Exchange Preliminary Claim Constructions and Extrinsic
exchange proposed
Evidence [Patent Rule 3(b)]
claim construction terms
46 days after deadline to
Deadline to Submit Joint Claim Construction and Prehearing Statement,
exchange proposed
and Expert Reports [Patent Rule 3(c)]
claim construction terms
76 days after deadline to
Claim Construction Discovery Cut-Off [Patent Rule 3(d)] exchange proposed
claim construction terms
91 days after deadline to
Deadline to File Opening Claim Construction Briefs [Patent Rule 3(e)(i)] exchange proposed
claim construction terms
105 days after deadline
Deadline to File Responsive Claim Construction Briefs [Patent Rule
to exchange proposed
3(e)(ii)]
claim construction terms
112 days after deadline
Deadline to File Reply Claim Construction Briefs [Patent Rule 3(e)(iii)] to exchange proposed
claim construction terms
109 days after
Deadline to Serve Damages Contentions [Patent Rule 2(h)]
scheduling conference
139 days after
Deadline to Serve Responsive Damages Contentions [Patent Rule 2(i)]
scheduling conference
Rev. 3/13/25
199 days after
Deadline to Complete Damages Contentions Meeting (Patent Rule 2(j))
scheduling conference
Fact Discovery Cut-Off [Friday]
21 weeks before FPTC
(no later than deadline for filing dispositive motion)
Expert Disclosure (Initial) 20 weeks before FPTC
Expert Disclosure (Rebuttal) 18 weeks before FPTC
Expert Discovery Cut-Off 16 weeks before FPTC
Last Date to Hear Motions [Friday]
Joint Brief due at least 28 days before hearing 9 weeks before FPTC
Supplemental Memoranda (if any) due 14 days before hearing
Deadline to Complete Settlement Conference [L.R. 16-15]
Select one: ☐ 1. Magistrate Judge (with Court approval)
☐ 2. Court Mediation Panel 5 weeks before FPTC
☐ 3. Private Mediation
Trial Filings (first round) [Friday]
Motions in Limine
Memoranda of Contentions of Fact and Law [L.R. 16-4]
Witness Lists [L.R. 16-5]
Joint Exhibit List [L.R. 16-6.1]
Joint Status Report Regarding Settlement
4 weeks before FPTC
Proposed Findings of Fact and Conclusions of Law [L.R. 52] (bench
trial only)
Declarations Containing Direct Testimony, if ordered
(bench trial only)
Trial Filings (second round) [Friday]
Oppositions to Motions in Limine
Joint Proposed Final Pretrial Conference Order [L.R. 16-7]
Joint Agreed Upon Proposed Jury Instructions (jury trial only)
Disputed Proposed Jury Instructions (jury trial only)
Joint Proposed Verdict Forms (jury trial only)
2 weeks before FPTC
Joint Proposed Statement of the Case (jury trial only)
Proposed Voir Dire Questions, if any (jury trial only)
Evidentiary Objections to Declarations of Direct Testimony
(bench trial only)
Rev. 3/13/25
FOIA ACTION SCHEDULE OF PRETRIAL DATES WORKSHEET
Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.
The parties must make every effort to agree on dates or the Court will set them.
Case No. Case Name:
Event
Pl(s)’ Date Def(s)’ Date
Note: Hearings shall be on Fridays at 1:30 p.m. Time Computation
mm/dd/yyyy mm/dd/yyyy
Other dates can be any day of the week.
91 days after scheduling
Last Date to Hear Motion to Amend Pleadings or Add Parties [Friday]
conference
Last Date to Hear Motions [Friday] 10–15 months after
Joint Brief due at least 28 days before hearing
Supplemental Memoranda (if any) due 14 days before hearing
scheduling conference
Rev. 3/13/25
ERISA ACTION SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.
The parties must make every effort to agree on dates or the Court will set them.
Case No. Case Name:
Pl(s)’ Date Def(s)’ Date
Trial and Final Pretrial Conference Dates
mm/dd/yyyy mm/dd/yyyy
Bench Trial
[Friday at 1:30 p.m. within 10–12 months of Scheduling Conference]
Estimated Duration: _______ Days
Event
Pl(s)’ Date Def(s)’ Date
Note: Hearings shall be on Fridays at 1:30 p.m. Time Computation
mm/dd/yyyy mm/dd/yyyy
Other dates can be any day of the week.
91 days after scheduling
Last Date to Hear Motion to Amend Pleadings or Add Parties [Friday]
conference
63 days after scheduling
Lodge Administrative Record & Plan Documents
Conference
Fact Discovery Cut-Off (if necessary) [Friday]
24 weeks before trial
(no later than deadline for filing dispositive motion)
Last Date to Hear Motions [Friday]
Joint Brief due at least 28 days before hearing 16 weeks before trial
Supplemental Memoranda (if any) due 14 days before hearing
Deadline to Complete Settlement Conference [L.R. 16-15]
Select one: ☐ 1. Magistrate Judge (with Court approval)
☐ 2. Court Mediation Panel 9 weeks before trial
☐ 3. Private Mediation
File & Exchange Opening Trial Briefs 8 weeks before trial
File & Exchange Responsive Trial Briefs (not to exceed 15 pages) 4 weeks before trial
Rev. 3/13/25
