1
2
3
4
5
6
7
8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
, Case No.
11
Plaintiff, ORDER SETTING SCHEDULING
12 CONFERENCE
13 v.
Date:
14 , Time: 10:00 A.M.
15 Defendants. Courtroom: 7C
16
17 READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE
18 AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES.
19 This case has been assigned to Mark C. Scarsi. This matter is set for a
20 Scheduling Conference on the above date in Courtroom 7C of the First Street
21 Courthouse, 350 West First Street, Los Angeles, CA, 90012. If plaintiff has not
22 already served the operative complaint on all defendants, plaintiff promptly shall do
23 so and shall file proofs of service within three days thereafter. Defendants also shall
24 timely serve and file their responsive pleadings, and within three days thereafter, file
25 proofs of service. At the Scheduling Conference, the Court will set a date by which
26 motions to amend the pleadings or add parties must be heard.
27 The Scheduling Conference will be held pursuant to Fed. R. Civ. P. Rule 16(b).
28 The parties are reminded of their obligations under Fed. R. Civ. P. 26(a)(1) to make
1 initial disclosures without awaiting a discovery request, and under Fed. R. Civ. P.
2 26(f) to confer on a discovery plan by 21 days before the Scheduling Conference. The
3 Court encourages counsel to agree to begin to conduct discovery actively before the
4 Scheduling Conference. At the very least, the parties shall comply fully with the letter
5 and spirit of Fed. R. Civ. P. 26(a) and thereby obtain and produce most of what would
6 be produced in the early stage of discovery, because at the Scheduling Conference the
7 Court will impose strict deadlines to complete discovery.
8 I. Joint Rule 26(f) Report
9 The Joint Rule 26(f) Report must be filed by 14 days before the Scheduling
10 Conference. The Report shall be drafted by plaintiff (unless the parties agree
11 otherwise) but shall be submitted and signed jointly. “Jointly” means a single report,
12 regardless of how many separately-represented parties there are. The Joint Rule 26(f)
13 Report shall specify the date of the Scheduling Conference on the caption page. It
14 shall report on all matters described below, as specified by Fed. R. Civ. P. 26(f) and
15 Local Rule 26:
16 a. Statement of the Case: A short synopsis (not to exceed two pages) of the
17 main claims, counterclaims, and affirmative defenses.
18 b. Subject Matter Jurisdiction: A statement of the specific basis of federal
19 jurisdiction, including supplemental jurisdiction. If there is a federal
20 question, cite the federal law under which the claim arises.
21 c. Legal Issues: A brief description of the key legal issues, including any
22 unusual substantive, procedural or evidentiary issues.
23 d. Parties, Evidence, etc.: A list of parties, percipient witnesses, and key
24 documents on the main issues in the case. For conflict purposes,
25 corporate parties must identify all subsidiaries, parents, and affiliates.
26 e. Damages: The realistic range of provable damages.
27 f. Insurance: Whether there is insurance coverage, the extent of coverage,
28 and whether there is a reservation of rights.
2
1 g. Motions: A statement of the likelihood of motions seeking to add other
2 parties or claims, file amended pleadings, transfer venue, etc.
3 h. Dispositive Motions: A description of the issues or claims that any party
4 believes may be determined by motion for summary judgment. Please
5 refer to the Standing Order for specific guidelines governing summary
6 judgment motions.
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 completed discovery.
11 k. Discovery Plan: A detailed discovery plan, as contemplated by Fed. R.
12 Civ. P. 26(f). State what, if any, changes in the disclosures under Fed. R.
13 Civ. P. 26(a) should be made, the subjects on which discovery may be
14 needed and whether discovery should be conducted in phases or
15 otherwise be limited, whether applicable limitations should be changed or
16 other limitations imposed, and whether the Court should enter other
17 orders. A statement that discovery will be conducted as to all claims and
18 defenses, or other vague description, is not acceptable.
19 l. Discovery Cut-off: A proposed discovery cut-off date. This means the
20 final day for completion of discovery, including resolution of all
21 discovery motions.
22 m. Expert Discovery: Proposed dates for expert witness disclosures (initial
23 and rebuttal) and expert discovery cut-off under Rule 26(a)(2).
24 n. Settlement Conference / Alternative Dispute Resolution (“ADR”): A
25 statement of what settlement discussions have occurred (excluding any
26 statement of the terms discussed). If a Notice to Parties of Court-
27 Directed ADR Program (Form ADR-08) was filed in this case, the Court
28 will refer it to the magistrate judge, the Court Mediation Panel, or to
3
1 private mediation (at the parties’ expense). The parties must indicate
2 their preference in their Joint Rule 26(f) Report. No case will proceed to
3 trial unless all parties, including an officer with full settlement authority
4 for corporate parties, have appeared personally at an ADR proceeding.
5 o. Trial Estimate: A realistic estimate, in days, of the court time required
6 for trial and whether trial will be by jury or by court. Each side should
7 specify (by number, not by name) how many witnesses it contemplates
8 calling. If the time estimate for trial given in the Joint Rule 26(f) Report
9 exceeds four court days, counsel shall be prepared to discuss in detail the
10 basis for the estimate.
11 p. Trial Counsel: The name(s) of the attorney(s) who will try the case.
12 q. Independent Expert or Master: Whether this is a case in which the Court
13 should consider appointing a master pursuant to Fed. R. Civ. P. 53 or an
14 independent scientific expert. (The appointment of a master may be
15 especially appropriate if there are likely to be substantial discovery
16 disputes, numerous claims to be construed in connection with a summary
17 judgment motion, a lengthy Daubert hearing, a resolution of a difficult
18 computation of damages, etc.).
19 r. Schedule Worksheet: Complete the Schedule of Pretrial and Trial Dates
20 Worksheet (“Worksheet”) attached to this Order and include it with your
21 Joint Rule 26(f) Report. For putative class actions, parties should only
22 complete the Schedule of Class Certification Dates Worksheet and attach
23 that with the Joint Rule 26(f) Report. The parties MUST submit a
24 completed Worksheet with their Joint Rule 26(f) Report. The Court
25 ORDERS the parties to make every effort to agree on dates. The entries
26 in the “Weeks Before FPTC” column reflect what the Court believes is
27 appropriate for most cases and will allow the Court to rule on potentially
28 dispositive motions sufficiently in advance of the Final Pretrial
4
1 Conference. The deadlines in the Schedule of Class Certification Dates
2 Worksheet reflect what the Court believes is most appropriate for
3 putative class action cases. However, for either worksheet, counsel may
4 propose earlier last dates by which the key requirements must be
5 completed. Each date should be stated as month, day, and year, e.g.,
6 10/15/2019. Hearings shall be on Mondays at 9:00 A.M. Other
7 deadlines (those not involving the Court) can be any day of the week.
8 Counsel must avoid holidays. The Court may order different dates from
9 those counsel propose. Absent compelling circumstances supported by a
10 detailed explanation presented in the Joint Rule 26(f) Report, the parties
11 must propose dates such that trial will begin within 18 months of the
12 filing or removal of the case. This is a firm outside limit. In most cases
13 the Court will issue a scheduling order bringing the case to trial in fewer
14 than 18 months. The discovery cut-off date is the last day by which all
15 depositions must be completed, responses to previously-served written
16 discovery must be provided, and motions concerning discovery disputes
17 must be heard. The cut-off date for motions is the last date on which
18 motions may be heard, not filed. If the parties wish the Court to set
19 dates in addition to those on the Worksheet, they may so request by a
20 separate Stipulation and Proposed Order. This is often appropriate for
21 class actions, patent cases, and cases for benefits under Employee
22 Retirement Income Security Act of 1974 (“ERISA”).
23 s. Other issues: A statement of any other issues affecting the status or
24 management of the case (e.g., unusually complicated technical or
25 technological issues, disputes over protective orders, extraordinarily
26 voluminous document production, non-English speaking witnesses,
27
28
5
1 ADA-related issues, discovery in foreign jurisdictions, etc.) and any
2 proposals concerning severance, bifurcation, or other ordering of proof.
3 The Joint Rule 26(f) Report should set forth the above-described information
4 under section headings corresponding to those in this Order.
5 II. Scheduling Conference
6 a. Continuance: A request to continue the Scheduling Conference will be
7 granted only for good cause.
8 b. Vacating the Scheduling Conference: The Court often vacates the
9 Scheduling Conference and issues the Scheduling Order based solely on
10 the Joint Rule 26(f) Report.
11 c. Participation: It there is a hearing, lead trial counsel must attend.
12 III. Notice to be Provided by Counsel
13 Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel, shall
14 provide this Order to any parties who first appear after the date of this Order and to
15 parties who are known to exist but have not yet entered appearances.
16 IV. Disclosures to Clients
17 Counsel are ordered to deliver to their clients a copy of this Order and of the
18 Court’s Order Re: Jury/Court Trial, which will contain the schedule that the Court sets
19 at the Scheduling Conference.
20 V. Court’s Website
21 This and all other generally applicable orders of this Court are available on the
22 Central District of California website, www.cacd.uscourts.gov.
23 The Local Rules are also available on the Court’s website.
24 Parties appearing pro se must comply with the Federal Rules of Civil
25 Procedure and the Local Rules. See Local Rule 1-3, 83-2.2.3.
26 ///
27 ///
28
6
1 The Court thanks the parties and their counsel for their anticipated cooperation.
2 IT IS SO ORDERED.
3
4 Dated:
__________________________________
5 HONORABLE MARK C. SCARSI
6 UNITED STATES DISTRICT COURT JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
