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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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___________, Case No. ___________
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Plaintiff, ORDER SETTING SCHEDULING
12 CONFERENCE
13 v.
Date: ___________
14 ___________, Time: 1:00 PM
15 Defendant. Courtroom: 9B
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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 United States District Judge Wesley L. Hsu.
20 This matter is set for a Scheduling Conference on the above date in Courtroom 9B of
21 the First Street Courthouse, 350 West 1st Street, Los Angeles, CA 90012.
22 A. PRELIMINARY MATTERS
23 1. Service of Pleadings. If plaintiff has not already served the operative
24 complaint on all defendants, plaintiff shall do so promptly and shall file proofs of
25 service of the summons and complaint within three (3) days thereafter. See Fed. R.
26 Civ. P. 4. Defendants also shall timely serve and file their responsive pleadings (if not
27 previously done) and comply the requirements of Local Rule 5-3.2. At the Scheduling
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1 Conference, the court will set a date by which motions to amend the pleadings or add
2 parties must be heard.
3 2. Order Applies to Pro Se Litigants. “Counsel,” as used in this Order,
4 includes parties who have elected to appear without counsel and are representing
5 themselves in this litigation (hereinafter referred to as “Pro Se Litigants”). Pro Se
6 Litigants must comply with this Order, the Federal Rules of Civil Procedure, and the
7 Local Rules. See L.R. 1-3, 83-2.2.3. Pro Se Litigants are required to participate in the
8 scheduling conference.
9 3. Notice to be Provided by Counsel. Plaintiff’s counsel or, if plaintiff is a
10 Pro Se Litigant, defendant’s counsel, shall provide this Order to all known parties who
11 have not yet appeared or who appear after the date of this Order. This and all other
12 applicable orders in this case are available at the bottom of Judge Hsu’s webpage
13 (https://www.cacd.uscourts.gov/honorable-wesley-l-hsu). The Local Rules are
14 available on the Central District of California website
15 (https://www.cacd.uscourts.gov/court-procedures/local-rules).
16 4. Compliance with Fed. R. Civ. P. 26. The scheduling conference will be
17 held pursuant to Fed. R. Civ. P. Rule 16(b). The parties are reminded of their
18 obligations to (i) make initial disclosures “without awaiting a discovery request” (Fed.
19 R. Civ. P. 26(a)(1)) and (ii) confer on a discovery plan at least twenty-one (21) days
20 before the scheduling conference (Fed. R. Civ. P. 26(f)). The Court encourages
21 Counsel to agree to begin to conduct discovery actively before the Scheduling
22 Conference. At the very least, the parties shall comply fully with the letter and spirit
23 of Fed. R. Civ. P. 26(a) and thereby obtain and produce most of what would be
24 produced in the early stage of discovery. At the scheduling conference the Court will
25 impose strict deadlines to complete discovery.
26 5. Participation of Lead Trial Counsel and Unrepresented Parties.
27 Lead trial counsel and any unrepresented parties must attend the scheduling
28 conference, unless excused by the Court for good cause prior to the conference.
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1 6. Continuance. A request to continue the scheduling conference will be
2 granted only for good cause. The parties should plan to file the Joint Rule 26(f)
3 Report on the original due date even if a continuance is granted. The Court will not
4 continue the scheduling conference to allow the parties to explore settlement.
5 7. Vacating the Conference. The Court may vacate the scheduling
6 conference and issue a case management order based on the Joint Rule 26(f) Report.
7 B. PARTIES MUST PREPARE AND FILE A JOINT RULE 26(f) REPORT
8 The Joint Rule 26(f) Report must be filed not later than fourteen (14) days
9 before the scheduling conference. A Mandatory Chambers Copy of the Joint Rule
10 26(f) Report must be delivered to Judge Hsu’s box outside of the Clerk’s Office on the
11 fourth floor of the First Street Courthouse by 12:00 p.m. (noon) the day after the Joint
12 Rule 26(f) Report is filed. The Report shall be drafted by plaintiff (unless plaintiff is a
13 Pro Se Litigant or the parties agree otherwise) but shall be submitted and signed
14 jointly. “Jointly” means a single report, regardless of how many separately-
15 represented parties exist in the case. The Joint Rule 26(f) Report shall specify the date
16 of the Mandatory Scheduling Conference on the caption page. Under the title, it shall
17 list the dates of the (1) Original Complaint; (2) Removal (if removed); (3) Responsive
18 Pleading; (4) and Trial (Proposed). The Joint Rule 26(f) Report shall report all the
19 following information, which include those required to be discussed by Rule 26(f) and
20 Local Rule 26, and use numbered section headings and lettered sub-headings that
21 correspond to those below:
22 1. Statement of the Case. A short synopsis (not to exceed two (2) pages)
23 of the main claims, counterclaims, affirmative defenses, and procedural history.
24 2. Subject Matter Jurisdiction. A statement of the specific basis of
25 federal jurisdiction, including supplemental jurisdiction. For federal question
26 jurisdiction, cite the federal law under which the claim arises. For diversity
27 jurisdiction, state each party’s citizenship and the amount in controversy.
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1 3. Legal Issues. A brief description of all key legal issues, including any
2 significant procedural, substantive, or evidentiary motions.
3 4. Parties, Evidence, etc. A list of parties, percipient witnesses, and key
4 documents on the main issues in the case. For conflict purposes, corporate parties
5 must identify all subsidiaries, parents, and affiliates.
6 5. Damages. The realistic range of provable damages.
7 6. Insurance. Whether insurance coverage exists, the extent of coverage,
8 and whether there is or will be a reservation of rights.
9 7. Motions.
10 (a) Procedural Motions. A statement of the likelihood of motions
11 seeking to add other parties or claims, file amended pleadings, transfer venue, or
12 challenge the court’s jurisdiction.
13 (b) Dispositive Motions. A description of the issues or claims that
14 any party believes may be determined by motion to dismiss or motion for summary
15 judgment. The parties should refer to the Court’s Standing Order for Motions for
16 Summary Judgment for specific guidelines governing summary judgment motions.
17 For patent cases, parties should refer to the Court’s Standing Order regarding Patent
18 Cases.
19 (c) Class Certification Motion. For a putative class action, the Court
20 will set a deadline for hearing the class certification motion. The motion must be filed
21 sufficiently far in advance of the deadline to allow for: (i) at least three (3) weeks
22 between the filing of the reply and the hearing; (ii) four (4) weeks for the opposition;
23 and (iii) two (2) weeks for the reply. The parties must act diligently and begin
24 discovery immediately, because the motion must be filed not later than one hundred
25 and twenty (120) days from the date originally set for the scheduling conference,
26 unless the Court orders otherwise. Any request for additional time beyond the one
27 hundred and twenty (120) days must be supported by a detailed “Class Certification
28 Plan”—attached as an exhibit at the end of the Report— showing all anticipated
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1 activity and the corresponding date for each activity, up to the hearing on the motion.
2 The failure to provide the Class Certification Plan will result in the denial of
3 additional time.
4 8. Manual for Complex Litigation. A statement regarding whether all or
5 part of the procedures of the Manual for Complex Litigation should be utilized.
6 9. Discovery.
7 (a) Status of Discovery. A discussion of the present state of
8 discovery, including a summary of pending and completed discovery, and any current
9 or anticipated disputes.
10 (b) Discovery Plan. A detailed discovery plan, as contemplated by
11 Fed. R. Civ. P. 26(f). State what, if any, proposed changes in the disclosures under
12 Fed. R. Civ. P. 26(a) should be made; the subject(s) on which discovery may be
13 needed and whether discovery should be conducted in phases or otherwise be limited;
14 whether applicable limitations should be changed or other limitations imposed; and
15 whether the Court should enter other orders. A general statement to the effect that
16 discovery will be conducted on all claims and defenses is unacceptable.
17 (c) Discovery Cut-off. A proposed discovery cut-off date governing
18 the completion of all fact discovery, including resolution of all discovery motions.
19 (d) Expert Discovery. Proposed dates for expert witness disclosures
20 (initial and rebuttal) and expert discovery cut-off under Rule 26(a)(2).
21 (e) Settlement Conference/Alternative Dispute Resolution (ADR).
22 A statement of what settlement negotiations have occurred, excluding any statement
23 of the terms discussed. If a Notice to Parties of Court-Directed ADR Program (Form
24 ADR08) was filed in this case, the court will refer the matter for ADR. The parties
25 must state their preference in the Joint Rule 26(f) Report for: (i) the Magistrate Judge,
26 (ii) the Court Mediation Panel, or (iii) a private mediator (at the parties’ expense).
27 The Court will exercise its discretion to select an ADR option for the parties if they
28 fail to state a preference. No case will proceed to trial unless all parties, including an
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1 officer of all corporate parties (with full authority to settle the case), have appeared
2 personally and participated in an ADR proceeding.
3 (f) Trial.
4 i. Trial Estimate. Provide a realistic estimate, in days, of the
5 court time required for trial and whether trial will be by jury or by court. Each side
6 should specify (by number, not by name) how many witnesses it contemplates calling.
7 If the time estimate for trial given in the Joint Rule 26(f) Report exceeds four (4) court
8 days, counsel shall be prepared to discuss in detail the basis for the estimate.
9 ii. Jury or Court Trial. Specify whether trial will be by jury
10 or by court. The default will be a court trial if the parties fail to specify.
11 iii. Consent to Trial Before a Magistrate Judge. Whether the
12 parties agree to try the case (either by jury or court trial) before a magistrate judge.
13 See 28 U.S.C. § 636 (requiring party consent). The parties are strongly encouraged to
14 consider consenting to trial before a Magistrate Judge. One benefit to giving such
15 consent is that the parties almost always will be able to proceed to trial sooner than
16 on a District Court Judge’s calendar. Additionally, the parties are free to select from
17 among all Magistrate Judges available for this purpose, not just the Magistrate Judge
18 assigned to the parties’ case. The Magistrate Judges have experience and expertise in
19 a variety of areas, including patent and trademark litigation. If the parties consent to
20 trial before a Magistrate Judge, the parties may choose any Magistrate Judge
21 identified on the Central District website and submit the appropriate consent form.
22 iv. Lead Trial Counsel. List the name of the attorney who will
23 serve as lead trial counsel, as well as other attorneys who will participate in the trial.
24 Only one attorney for a party may be designated as lead trial counsel unless otherwise
25 permitted by the Court. If a second lead trial counsel is permitted by the Court, both
26 counsel must attend the Pretrial Conference.
27 (g) Independent Expert or Master. State whether this is a case in
28 which the Court should consider appointing a master pursuant to Fed. R. Civ. P. 53 or
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1 an independent scientific expert. The appointment of a master may be especially
2 appropriate if there are likely to be substantial discovery disputes, numerous claims
3 to be construed in connection with a summary judgment motion, a lengthy Daubert
4 hearing, a resolution of a difficult computation of damages, etc.
5 (h) Other Issues. A statement of any other issues affecting case
6 management, including unusually complex technical issues, related litigations,
7 disputes over protective orders, extraordinarily voluminous document production,
8 non-English speaking witnesses, reasonable ADA accommodations, discovery in
9 foreign jurisdictions, the applicability of foreign law, the advanced age or health of
10 parties or key witnesses, and any proposals concerning severance, bifurcation, or
11 other ordering of proof.
12 C. PARTIES MUST PREPARE AND FILE SCHEDULE OF PRETRIAL
13 AND TRIAL DATES WORKSHEET
14 Complete the text-fillable Schedule of Pretrial and Trial Dates Worksheet
15 (“Worksheet”), see below, which is available at the bottom of Judge Hsu’s webpage,
16 https://www.cacd.uscourts.gov/honorable-wesley-l-hsu. In addition to filing the
17 Schedule of Pretrial and Trial Dates Worksheet along with the Joint Rule 26(f) Report,
18 Counsel must email the text-fillable Worksheet to Chambers at
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[email protected] along with the Joint Rule 26(f) Report. The
20 Court will then issue an order setting the schedule governing the case. Therefore, the
21 parties must make every effort to agree on all pretrial and trial dates.
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1 1. Weeks Before FPTC. The “Weeks Before FPTC” column reflects what
2 the Court believes is appropriate for most cases and will allow the Court to rule on
3 potentially dispositive motions sufficiently in advance of the Final Pretrial
4 Conference. However, counsel may ask for earlier last dates by which the key
5 requirements must be completed. Each date should be stated as month, day, and year,
6 e.g., 10/15/2019.
7 2. Hearings. Hearings shall be on Fridays at 1:30 p.m. The Final Pretrial
8 Conference shall be at 3:00 p.m. Other deadlines (those not involving the Court) can
9 be any day of the week. Counsel must avoid holidays. The Court may order different
10 dates than those requested. Believing that young lawyers need more opportunities for
11 appearances than they usually receive, the Court encourages lead trial counsel to
12 permit junior counsel, of five or fewer years out of law school, to fully participate in
13 Court proceedings, including arguing motions and examining witnesses.
14 3. Discovery Cut-Off Date. The discovery cut-off date is the last date by
15 which all depositions must be completed, responses to previously served written
16 discovery must be provided, and motions concerning discovery disputes must be
17 heard.
18 4. Motions Cut-Off. The cut-off date for motions is the last date on which
19 motions may be heard, not filed.
20 5. Additional Dates. If the parties wish the Court to set dates in addition to
21 those on the Worksheet, they may so request by a separate Stipulation and Proposed
22 Order. This is often appropriate for class actions, patent cases, and ERISA cases. For
23 ERISA Cases Involving Benefits Claims, the parties may receive a scheduling
24 conference order as a matter of course. Because the ordinary pretrial and trial
25 schedule does not apply to these ERISA cases, the parties need only submit a joint
26 status report identifying any special issues that should be considered. The parties
27 should proceed with the preparation of the administrative record and briefing without
28 delay upon service of the complaint. A court trial, ordinarily limited to oral argument
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1 on the administrative record, will be scheduled within six months from the filing of
2 the original complaint, unless good cause for additional time is shown in the status
3 report. If the Court concludes that the decision would not benefit from oral
4 argument, the matter may be submitted for decision on the papers.
5 D. COUNSEL MUST DELIVER ORDER TO CLIENTS. Counsel are
6 ordered to deliver to their clients a copy of this Order, which will contain the schedule
7 that the Court sets at the scheduling conference. This and all other generally
8 applicable orders of this court are available on the Central District of California
9 website, www.cacd.uscourts.gov.
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11 IT IS SO ORDERED.
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13 Dated: March 8, 2024 _______________________________________
14 HON. WESLEY L. HSU
UNITED STATES DISTRICT JUDGE
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