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6 UNITED STATES DISTRICT COURT
7 CENTRAL DISTRICT OF CALIFORNIA
8 SOUTHERN DIVISION
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10 Case No.: SACV XX-XXXX-DOC(ABCx)
11 [NAMES],
Plaintiff(s), ORDER SETTING SCHEDULING
12 CONFERENCE
vs.
13 Monday, [DATE] @ 8:30 AM
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[NAMES],
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Defendant(s).
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19 The parties are hereby ordered to appear before this Court for a Scheduling
20 Conference on the above-listed date and time, pursuant to Federal Rule of Civil Procedure
21 16(b).
22 This Order sets out instructions that the parties must follow in preparing for the
23 Scheduling Conference. For further guidance, consult the Federal Rules of Civil Procedure
24 and the Local Rules. 1
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The most recent version of the Local Rules is available on the Central District of California’s
28 website (www.cacd.uscourts.gov), under “Court Procedures.”
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1 I. Initial Disclosures
2 Unless there is a likelihood that upon motion by a party the Court would order that
3 any or all discovery is premature, the Court encourages the parties to begin discovery
4 before the Scheduling Conference. The parties shall comply fully with the letter and spirit
5 of Rule 26(a) and thereby obtain and produce most of what would be produced in the early
6 stages of discovery, because at the Scheduling Conference the Court will impose tight
7 deadlines to complete discovery.
8 II. Rule 26(f) Conference of Parties
9 Counsel shall confer pursuant to Federal Rule of Civil Procedure 26(f). This
10 conference shall occur at least twenty-one (21) days before the Scheduling Conference set
11 by the Court.
12 III. Rule 26(f) Report
13 The parties shall file their Rule 26(f) report with the Court no later than fourteen (14)
14 days prior to the Scheduling Conference set by the Court. Counsel shall familiarize
15 themselves with the Court’s Initial Standing Order and Scheduling Order & Order Re:
16 Pretrial and Trial Procedures so that the report will comport will this Court’s standard
17 deadlines and procedures. 2
18 The report shall contain the following:
19 (1) a short factual summary of the case and of claims and defenses;
20 (2) a short synopsis of the principal issues in the case;
21 (3) a statement of whether parties are likely to be added and whether the pleadings are
22 likely to be amended
23 a. Counsel should note that the Court requires all motions to join other parties,
24 including Doe or Roe defendants, or to amend the pleadings to be filed and
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All of Judge Carter’s standing orders are available at Judge Carter’s home page located under
28 “Judges’ Procedures and Schedules.”
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1 served within sixty (60) days of the date of the Scheduling Order and noticed
2 for hearing within ninety (90) days of the Scheduling Order;
3 (4) a statement as to issues which any party believes may be determined by motion and a
4 listing of then-contemplated law and motion matters;
5 (5) a statement of what settlement discussions have occurred (specifically excluding any
6 statement of the terms discussed) and what settlement procedure is recommended,
7 pursuant to Local Rules 16-15 through 16-15.9;
8 a. Available settlement procedures include:
9 i. appearance before a retired judicial officer or other private or non-profit
10 dispute resolution body for settlement or mediation proceedings (if
11 chosen, the particular mediator selected should be indicated);
12 ii. appearance before a Mediator selected from the Court’s Mediation
13 Panel;
14 iii. if one of the parties is a public entity, a settlement conference before the
15 magistrate judge assigned to this case; or
16 iv. such other settlement mechanism proposed by the parties and approved
17 by the Court
18 (6) a discovery plan, which should set forth discovery phases, the order of discovery, and
19 any limitations on discovery;
20 (7) a statement of whether trial will be by jury or to the Court and a realistic estimated
21 length of trial (mindful that the Court generally conducts a four (4) day timed jury
22 trial, where each side is given ten (10) hours, excluding jury selection, opening
23 statement and closing argument);
24 (8) a statement of any other issues affecting the status or management of the case; and
25 four proposed, specific dates as follows:
26 a. a discovery cut-off date;
27 b. a final motion cut-off date;
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1 i. The final motion cut-off date should be a Monday and will be the day
2 on which all motions for summary judgment will be heard.
3 ii. Counsel should note that motions will need to be filed several weeks in
4 advance of this date as required by Local Rules 6 and 7.
5 iii. Ordinarily the motion cut-off should be approximately six (6) to eight
6 (8) weeks after the discovery cut-off to allow time for resolution of
7 discovery motions and briefing of the motions for summary judgment.
8 c. a date for the Final Pretrial Conference;
9 i. The Final Pretrial Conference date should be a Monday.
10 ii. Ordinarily the Final Pretrial Conference date should be approximately
11 four (4) to six (6) weeks after the motion cut-off date to allow for
12 adequate time between the Court’s issuance of its order regarding
13 motions for summary judgment and the deadlines for memoranda of
14 contentions of law and fact and the final pretrial order); and
15 d. a date for trial.
16 i. The trial date should be a Tuesday.
17 Complete the Schedule of Pretrial and Trial Dates form attached as Exhibit A to this
18 Order and attach it to the Joint Rule 26(f) Report. After the parties have selected these dates,
19 continuances are rarely granted due to the Court’s heavy case load and in fairness to other
20 litigants before the Court.
21 Counsel for all parties participating in the conference should sign the report. A report
22 that does not comply with Rule 26(f) and this Order may subject the party or parties
23 responsible to sanctions under Local Rule 83-7.
24 IV. Scheduling Conference and Scheduling Order
25 The parties shall be represented at the Scheduling Conference by lead counsel. Under
26 no circumstances should counsel, or a party if the party is appearing pro se, fail to appear at
27 the scheduling conference unless the appearance has been waived by prior order of the
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1 Court. Even if a settlement has been reached, counsel for all parties, or the party if appearing
2 pro se, must appear at the scheduling conference unless a stipulation of dismissal signed by
3 all parties has been lodged with the Court.
4 A continuance of the Scheduling Conference will be granted rarely and only for good
5 cause and will not be granted if a continuance would result in the Scheduling Conference
6 being set after the time limit for the Court to issue a Scheduling Order under Rule 16(b).
7 The Court usually issues Scheduling Orders pursuant to Rule 16(b) at or after the
8 Scheduling Conference.
9 V. Notice of this Order
10 Plaintiff shall serve a copy of this Order on any as-yet unserved Defendants when
11 Plaintiff serves the Complaint on them.
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IT IS SO ORDERED.
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15 DAVID O. CARTER
United States District Judge
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Dated:
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Revised: June 27, 2024
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1 EXHIBIT A: SCHEDULING OF PRETRIAL AND TRIAL DATES WORKSHEET
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Case No.:
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4 Case Name:
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Agreed Upon Date
Plaintiff’s Request Defendant’s Request
6 Event or
month/day/year month/day/year
Court Ordered Date
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Jury Trial
8 -OR-
Bench Trial
9 (Tuesdays at 8:30 a.m.)
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Est. Length (days)
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Final Pretrial
12 Conference [L.R.16]
(Mondays at 8:30 a.m)
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Hearing on
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Dispositive Motions
15 (Mondays at 8:30 a.m)
16 Cut-Off Date for All
Fact Discovery
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Deadline for
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Settlement
19 Conference
20 Initial Expert
Disclosure Deadline
21 (if applicable)
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Rebuttal Expert
23 Disclosure Deadline
(if applicable)
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ADR [L.R. 16-15] 1 Magistrate Judge 1 Magistrate Judge 1 Magistrate Judge
25 Settlement 2 Mediation Panel 2 Mediation Panel 2 Mediation Panel
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Procedure Choice 3 Private Mediation 3 Private Mediation 3 Private Mediation
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