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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 , ) CASE NO.
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12 Plaintiff(s), ) ORDER SETTING SCHEDULING
) CONFERENCE
13 v. )
) Date:
14 , ) Time: 11:00 a.m.
) Courtroom: 5A
15 Defendant(s). )
)
16 )
)
17 )
______________________________ )
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19 READ THIS ORDER CAREFULLY. IT DIFFERS IN
20 SOME RESPECTS FROM THE LOCAL RULES.
21 This case has been assigned to Judge Michael W. Fitzgerald. This matter is
22 set for a scheduling conference on the above date. If plaintiff has not already
23 served the operative complaint on all defendants, plaintiff shall promptly do so
24 and shall file proofs of service within three days thereafter. Defendants also shall
25 timely serve and file their responsive pleadings and file proofs of service within
26 three days thereafter. At the scheduling conference, the Court will set a date by
27 which motions to amend the pleadings or add parties must be heard.
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1 The conference will be held pursuant to Rule 16(b) of the Federal Rules of
2 Civil Procedure. The parties are reminded of their obligations under Rule
3 26(a)(1) to disclose information (without awaiting a discovery request), and under
4 Rule 26(f) to confer on a discovery plan not later than 21 days before the
5 scheduling conference and to e-file a “Joint Rule 26(f) Report” with the Court not
6 later than 14 days before the conference. Mandatory paper chambers copies of
7 the Joint Rule 26(f) Report must be delivered to Judge Fitzgerald’s drop box
8 located outside of the Clerk's office on the fourth floor of the courthouse, 350
9 West First Street, by 12:00 p.m. on the first court day after the e-filing.
10 The Court encourages counsel to agree to begin to conduct discovery
11 actively before the Scheduling Conference. At the very least, the parties shall
12 comply fully with the letter and spirit of Rule 26(a) and thereby obtain and
13 produce most of what would be produced in the early stage of discovery, because
14 at the Scheduling Conference the Court will impose strict deadlines to complete
15 discovery.
16 This Court does not exempt parties appearing in propria persona from
17 compliance with any of the Local Rules, including Local Rule 16. “Counsel,”
18 as used in this order, includes parties appearing in propria persona.
19 1. Joint Rule 26(f) Report
20 The Joint Rule 26(f) Report, which shall be filed not later than 14 days
21 before the scheduling conference, shall be drafted by plaintiff (unless the parties
22 agree otherwise), but shall be submitted and signed jointly. “Jointly”
23 contemplates a single report, regardless of how many separately-represented
24 parties there are. The Joint Rule 26(f) Report shall specify the date of the
25 scheduling conference on the caption page. It shall report on all matters described
26 below, which include those required to be discussed by Rule 26(f) and Local Rule
27 26:
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1 a. Statement of the Case: A short synopsis (not to exceed two pages)
2 of the main claims, counterclaims and affirmative defenses.
3 b. Subject Matter Jurisdiction: A statement of the specific basis of
4 federal jurisdiction, including supplemental jurisdiction.
5 c. Legal Issues: A brief description of the key legal issues, including
6 any unusual substantive, procedural or evidentiary issues.
7 d. Parties, Evidence, etc.: A list of parties, percipient witnesses and key
8 documents on the main issues in the case. For conflict purposes,
9 corporate parties must identify all subsidiaries, parents and affiliates.
10 e. Damages: The realistic range of provable damages.
11 f. Insurance: Whether there is insurance coverage, the extent of
12 coverage and whether there is a reservation of rights.
13 g. Motions: A statement of the likelihood of motions seeking to add
14 other parties or claims, file amended pleadings, transfer venue, etc.
15 h. Manual for Complex Litigation: Whether all or part of the
16 procedures of the Manual for Complex Litigation should be utilized.
17 i. Status of Discovery: A discussion of the present state of discovery,
18 including a summary of completed discovery.
19 j. Discovery Plan: A detailed discovery plan, as contemplated by Rule
20 26(f). State what, if any, changes in the disclosures under Rule 26(a)
21 should be made, the subjects on which discovery may be needed and
22 whether discovery should be conducted in phases or otherwise be
23 limited, whether applicable limitations should be changed or other
24 limitations imposed, and whether the Court should enter other
25 orders. A statement that discovery will be conducted as to all claims
26 and defenses, or other vague description, is not acceptable.
27 k. Discovery Cut-off: A proposed discovery cut-off date. N.B. This
28 means the final day for completion of discovery, including
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1 resolution of all discovery motions.
2 l. Expert Discovery: Proposed dates for expert witness disclosures
3 (initial and rebuttal) and expert discovery cut-off under Rule
4 26(a)(2).
5 m. Dispositive Motions: A description of the issues or claims that any
6 party believes may be determined by motion for summary judgment
7 or motion in limine.
8 n. Settlement/Alternative Dispute Resolution (ADR): A statement of
9 what settlement discussions or written communications have
10 occurred (excluding any statement of the terms discussed). If
11 counsel have received a Notice to Parties of Court-Directed ADR
12 Program (Form ADR-08), the case presumptively will be referred to
13 the Court Mediation Panel or private mediation (at the parties'
14 expense). If the parties jointly desire a settlement conference with
15 the assigned magistrate judge, they should so indicate in their report
16 and the matter will be discussed at the scheduling conference. No
17 case will proceed to trial unless all parties, including an officer (with
18 full authority to settle the case) of all corporate parties, have
19 appeared personally at an ADR proceeding.
20 o. Trial Estimate: A realistic estimate of the time required for trial and
21 whether trial will be by jury or by court. Each side should specify
22 (by number, not by name) how many witnesses it contemplates
23 calling. If the time estimate for trial given in the Joint Rule 26(f)
24 Report exceeds four court days, counsel shall be prepared to discuss
25 in detail the estimate.
26 p. Trial Counsel: The name(s) of the attorney(s) who will try the case.
27 q. Independent Expert or Master: Whether this is a case where the
28 Court should consider appointing a master pursuant to Rule 53 or an
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1 independent scientific expert. (The appointment of a master may be
2 especially appropriate if there are likely to be substantial discovery
3 disputes, numerous claims to be construed in connection with a
4 summary judgment motion, a lengthy Daubert hearing, a resolution
5 of a difficult computation of damages, etc.).
6 r. Timetable: Complete the Schedule of Pretrial and Trial Dates
7 form attached as Exhibit A to this Order and attach it to the
8 Joint Rule 26(f) Report. The entries in the “Weeks Before Trial”
9 column reflect what the Court believes are appropriate for most cases
10 and will allow the Court to rule on potentially dispositive motions
11 sufficiently in advance of the pretrial conference. The form is
12 designed to enable counsel to ask the Court to set different (earlier)
13 last dates by which the key requirements must be completed. Each
14 side should write in the month, day, and year it requests for each
15 event. E.g., for the expert discovery cut-off it might be “10/15/12”
16 for plaintiff and “10/29/12” for defendant, if they cannot agree. At
17 the conference, the Court will review this form with counsel. Each
18 entry proposing Court dates shall fall on a Wednesday, except the
19 trial date, which is a Tuesday. Counsel should insure that requested
20 dates do not fall on a holiday. In appropriate cases the Court will
21 order different dates after it hears from counsel. The discovery cut-
22 off date is the last day by which all depositions must be completed,
23 responses to previously-served written discovery must be provided,
24 and motions concerning discovery disputes must be heard. The cut-
25 off date for motions is the last date on which motions must be heard,
26 not filed. The Court is not likely to continue this date and will not
27 do so unless the trial date also is continued.
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1 s. Other issues: A statement of any other issues affecting the status or
2 management of the case (e.g., unusually complicated technical or
3 technological issues, disputes over protective orders, extraordinarily
4 voluminous document production, non-English speaking witnesses,
5 ADA-related issues, discovery in foreign jurisdictions, etc.) and any
6 proposals concerning severance, bifurcation, or other ordering of
7 proof.
8 The Joint Rule 26(f) Report should set forth the above-described
9 information under section headings corresponding to those in this Order.
10 2. Scheduling Conference
11 Scheduling conferences will be held in Courtroom 5A, 350 West First
12 Street. Counsel shall comply with the following:
13 a. Participation: Although the Court would prefer lead trial attorney's
14 attendance at the scheduling conference, it is not required. However,
15 if lead trial counsel does not attend, any attorney appearing on his or
16 her behalf must be prepared to discuss the case and authorized to
17 address scheduling with the Court and opposing counsel.
18 b. Continuance: A continuance of the scheduling conference will be
19 granted only for good cause.
20 3. Notice to be Provided by Counsel
21 Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel,
22 shall provide this Order to any parties who first appear after the date of this Order
23 and to parties who are known to exist but have not yet entered appearances.
24 4. Disclosures to Clients
25 Counsel are ordered to deliver to their respective clients a copy of this
26 Order and of the Court’s trial order, which will contain the schedule that the
27 Court sets at the scheduling conference.
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JUDGE MICHAEL W. FITZGERALD
SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Case No.
Case Name
Matter Plaintiff(s)’ Date Defendant(s)’ Date Court Order
mo / day / year mo / day / year
[ ] Jury Trial or [ ] Court Trial
(Tuesday at 8:30 a.m.)
Duration Estimate: ________ Days
Final Pretrial Conference [LR 16] and Hearing on Motions In Limine
(Wednesday at 11:00 a.m. -- 20 days before trial date)
Motions In Limine must be filed three (3) weeks before this date;
oppositions are due two (2) weeks before this date; no reply briefs.
Event Weeks Plaintiff(s)’ Date Defendant(s)’ Date Court Order
Before Trial mo / day / year mo / day / year
Last Date to Hear Motion to Amend Pleadings /
Add Parties (Wednesday)
Non-Expert Discovery Cut-Off (at least 4 weeks 18
before last date to hear motions)
Expert Disclosure (Initial)
Expert Disclosure (Rebuttal)
Expert Discovery Cut-Off 14 *
Last Date to Hear Motions (Wednesday, 10:00 a.m.) 14
Last Date to Conduct Settlement Conference 12
For Jury Trial
‚ File Memorandum of Contentions of Fact and 6
Law, LR 16-4
‚ File Exhibit and Witness Lists, LR 16-5.6
‚ File Status Report Regarding Settlement
‚ File Motions In Limine
For Jury Trial
‚ Lodge Pretrial Conference Order, LR 16-7 5
‚ File Agreed Set of Jury Instructions and Verdict
Forms
‚ File Statement Regarding Disputed Instructions,
Verdicts, etc.
‚ File Oppositions to Motions In LImine
For Court Trial 3
‚ Lodge Findings of Fact and Conclusions of Law,
LR 52, and Summaries of Direct Testimony
* The parties may choose to cut off expert discovery prior to MSJ briefing.
ADR [LR 16-15] Selection:
G Attorney Settlement Officer Panel G Private Mediation G Magistrate Judge (with Court approval)
EXHIBIT A
