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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 Case No.: SACV - JLS(XXXx)
12 Plaintiff/s,
ORDER SETTING SCHEDULING
13 v. CONFERENCE FOR [HEARING
14 DATE] 10:30 A.M., COURTROOM
8A, FIRST STREET COURTHOUSE
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16 Defendant/s.
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18 Judge Staton’s Procedures web page is incorporated in this Order.
19 The parties and counsel are ORDERED to review and comply with those
20 procedures and notices, which may be accessed at:
21 https://apps.cacd.uscourts.gov/Jps/honorable-josephine-l-staton
22 This case has been assigned to Judge Josephine L. Staton. If plaintiff has not
23 already served the complaint (or any amendment thereto) on all defendants,
24 plaintiff shall promptly do so and shall file proofs of service within three (3) days
25 thereafter. Defendants also shall timely serve and file their responsive pleadings
26 and file proofs of service within three days thereafter.
27 This case is set for a scheduling conference under Federal Rule of Civil
28 Procedure 16(b) on the date and time stated in the caption of this Order, in
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1 Courtroom 8A of the First Street Courthouse, 350 West 1st Street, Los Angeles,
2 California. Unless excused for good cause shown in advance of the scheduling
3 conference, lead counsel shall appear at the scheduling conference and at all
4 pretrial hearings fully informed concerning the facts of the case. If the Court
5 determines that a Scheduling Order can be issued based on the Joint Rule 26(f)
6 Report, the scheduling conference will be vacated.
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8 Attached to this Order, as Exhibit A, are the Court’s presumptive dates.
9 Parties wishing to deviate from this schedule shall provide the Court with
10 reasons for each suggested change. A Joint Rule 26(f) Report that is filed
11 without a fully completed Exhibit A will be rejected by the Court and may subject
12 the parties to sanctions.
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14 In civil cases, the Court defers setting a trial date and an exhibit conference
15 date until the parties appear for the Final Pretrial Conference. The parties are
16 expected to address these issues at the Final Pretrial Conference; therefore, the
17 parties are directed to confer before the Final Pretrial Conference to identify
18 mutually agreeable trial date(s) within the 90 days following the Final Pretrial
19 Conference. Where the Court’s trial calendar permits, the Court will set the trial
20 for a date agreed upon by the parties.
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22 1. Joint Rule 26(f) Report
23 As provided in Fed. R. Civ. P. 26(f), the parties shall meet at least 21 days
24 before the scheduling conference and file a Joint 26(f) Report (“Report”) no later
25 than 14 days before the date set for the scheduling conference. The Report shall be
26 drafted by plaintiff (unless the parties agree otherwise), but shall be submitted and
27 signed jointly. “Jointly” contemplates a single report, regardless of how many
28 separately represented parties there are.
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1 The Report shall discuss the issues described below. Counsel are to ensure
2 that their discussions of these issues fully address the topics identified by Federal
3 Rule of Civil Procedure 26(f)(3)(A)-(F) and Local Rule 26-1(a)-(f).
4 a. Statement of the case: a short synopsis (not to exceed two
5 pages) of the main claims, counterclaims, and affirmative defenses.
6 b. Legal issues: a brief description of the key legal issues,
7 including any unusual substantive, procedural, or evidentiary issues.
8 c. Damages: the realistic range of provable damages.
9 d. Insurance: whether there is insurance coverage, the extent of
10 coverage, and whether there is a reservation of rights.
11 e. Motions: a statement of the likelihood of motions seeking to
12 add other parties or claims (see Local Rule 26-1(e)), file amended pleadings, to
13 dismiss for lack of jurisdiction, or to transfer venue.
14 f. Complexity: a discussion regarding the complexity of the
15 case, and whether all or part of the procedures of the Manual for Complex
16 Litigation should be utilized. See Local Rule 26-1(a).
17 g. Status of Discovery: a report regarding the current status of
18 discovery, including whether initial disclosures have been made and a summary of
19 any completed discovery.
20 h. Discovery Plan: The parties must set forth a detailed discovery
21 plan that discusses all the Federal Rule of Civil Procedure 26(f)(3)(A)-(F) topics,
22 including topics related to initial disclosures, the anticipated subjects of discovery,
23 the time needed for discovery, issues related to electronically stored information
24 (“ESI”), issues related to privileged materials, whether changes to limitations on
25 discovery should be made, issues related to protective orders, and any other Rule
26 16(b) or 16(c) issues. The parties must propose a discovery cutoff date for the
27 completion of fact discovery.
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1 i. Expert Discovery: The parties shall discuss the timing of
2 expert disclosures and discovery. See Fed. R. Civ. P. 26(a)(2); Local Rule 26-1(f).
3 j. Dispositive motions: The parties shall set forth a description of
4 the issues or claims that any party believes may be determined by motion for
5 summary judgment or partial summary judgment. See Local Rule 26-1(b).
6 k. Alternative Dispute Resolution (“ADR”) Procedure
7 Selection: The parties must select either ADR Procedure No. 2 (Court Mediation
8 Panel) or ADR Procedure No. 3 (private mediation); ADR Procedure No. 1
9 (conference with the magistrate judge) may not be selected by the parties. See
10 generally General Order 11-10, § 5.1; Local Rule 26-1(c). For more information
11 about the Court’s ADR Program, please visit the “ADR” section of the Court
12 website, http://www.cacd.uscourts.gov.
13 l. Settlement Efforts: Without disclosing the substance of the
14 communications, the parties shall advise the Court regarding whether they have
15 discussed settlement or had written communications regarding settlement. The
16 parties are advised that no case will proceed to trial unless all parties, including the
17 principals of all corporate parties, have appeared personally at a mediation.
18 m. Preliminary Trial Estimate: The parties must provide a
19 realistic estimate of the time required for trial. See Local Rule 26-1(d). The
20 parties’ estimate is for planning purposes only; the Court may allot fewer days for
21 trial. The parties shall specify whether trial will be by jury or to the Court, and
22 each side must specify the number of witnesses it expects to call.
23 n. Trial counsel: the name(s) of the attorney(s) who will try the
24 case.
25 o. Independent Expert or Master: The parties must advise the
26 Court whether this is a case in which a master pursuant to Federal Rule of Civil
27 Procedure 53 or an independent scientific expert should be appointed. The
28 appointment of a master may be appropriate if there are likely to be substantial
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1 discovery disputes, numerous claims to be construed in connection with a
2 summary judgment motion, a lengthy Daubert hearing, or resolution of a difficult
3 computation of damages.
4 p. Other issues: a statement of any other issues affecting the
5 status or management of the case (e.g., unusually complicated technical or
6 technological issues, disputes over protective orders, extraordinarily voluminous
7 document production, non-English speaking witnesses, discovery in foreign
8 jurisdictions, etc.) and any proposals concerning severance, bifurcation, or other
9 ordering of proof.
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11 2. Notice to be Provided by Counsel
12 Plaintiff’s counsel shall provide this Order to any parties who first appear
13 after the date of this Order and to parties who are known to exist but have not yet
14 entered appearances. If plaintiff is appearing pro se, but defendant is represented
15 by counsel, defendant’s counsel shall provide this notice.
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17 3. Disclosures to Clients
18 Counsel are ordered to deliver to their respective clients a copy of this
19 Order, the Court’s trial order, and the Scheduling Order.
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21 4. Class Actions
22 The parties are directed to the portion of Judge Staton’s Procedures web
23 page (https://apps.cacd.uscourts.gov/Jps/honorable-josephine-l-staton) regarding
24 class action scheduling issues. As explained in further detail on the web page, the
25 parties are directed to discuss class action scheduling issues in their Joint Rule
26 26(f) Report.
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1 5. Utility Patent Cases
2 a. Presumptive Schedule and Exhibit B: In patent cases, the Court
3 intends generally to follow the Northern District of California Patent Local Rules.
4 However, the Court’s presumptive schedule differs from that set forth in the
5 Northern District Rules and, where it does, the Court’s presumptive schedule
6 controls. In patent cases, counsel should review, prepare, and attach the Court’s
7 Joint Rule 26(f) Report utility patent-specific Exhibit B (in lieu of the Exhibit A).
8 Exhibit B is available on Judge Staton’s Procedures web page.
9 b. Technology Tutorial: Because the Court may be unfamiliar with
10 the technology underlying many litigated patents, the parties should consider the
11 most efficient and effective manner in which to educate the Court regarding that
12 technology. Counsel must file a joint status report setting forth their proposal(s) no
13 later than 60 days in advance of the claim construction hearing. If the Court deems
14 it appropriate, the Court will schedule an in-Court technology tutorial or make
15 other appropriate orders. Counsel are strongly encouraged to present any
16 educational materials in a manner that is free of advocacy and unencumbered by
17 each side’s respective litigation position(s).
18 The Court thanks the parties and their counsel for their anticipated
19 cooperation in complying with the requirements set forth in this Order.
20 IT IS SO ORDERED.
21 Dated:
22 JOSEPHINE L. STATON
23 United States District Judge
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25 Revised: May 29, 2026
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EXHIBIT A
PROPOSED SCHEDULE OF PRETRIAL AND TRIAL DATES
CASE NAME:
CASE NO:
Plaintiff(s) Defendant(s)
Matter Deadline Request Request
Last Day to File Motions to Scheduling
Add Parties and Amend Conference Date
Pleadings plus 8 weeks
Fact Discovery Depending on case
Cut-Off complexity,
generally a Friday
between 6-9 months
after the Scheduling
Conference
Last Day to File Motions 2 weeks after Fact
(except Daubert and all Discovery Cut-Off
other Motions in Limine)
Last Day to Serve Initial 2 weeks after Fact
Expert Reports Discovery Cut-Off
Last Day to Serve Rebuttal 6 weeks after Fact
Expert Reports Discovery Cut-Off
Last Day to Conduct 9 weeks after Fact
Settlement Proceedings Discovery Cut-Off
Expert Discovery Cut-Off 10 weeks after Fact
Discovery Cut-Off
Last Day to file Daubert 1 week after Expert
Motions: Discovery Cut-Off
Last Day to File Motions in 4 weeks before the
Limine: FPTC
Final Pre-Trial Conference 22 weeks after Fact
(Friday at 10:30 a.m.) Discovery Cut-Off
Revised: May 29, 2026
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