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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 PLAINTIFF’S NAME, Case No. 22-cv-00000-SSS ( x)
12 Plaintiff/s,
ORDER SETTING SCHEDULING
13 v. CONFERENCE
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15 DEFENDANT’S NAME, Date:
16 Defendant/s. Time: 1:00 p.m.
17 Held via Zoom videoconference
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20 PLEASE READ THIS ORDER CAREFULLY. IT CONTROLS THIS
21 CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES.
22 This case has been assigned to United States District Judge Sunshine S. Sykes.
23 This matter is set for a Scheduling Conference on the above date via Zoom
24 videoconference. If Plaintiff has not already served the operative complaint on all
25 Defendants, Plaintiff shall do so promptly and shall file proofs of service of the
26 summons and complaint within three (3) days thereafter. See Federal Rule of Civil
27 Procedure 4; Local Rule 4. Defendants also shall timely serve and file their
28 responsive pleadings and comply with the requirements of Local Rule 5-3.2. At the
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1 Scheduling Conference, the Court will set a date by which motions to amend the
2 pleadings or add parties must be heard.
3 The Scheduling Conference will be held pursuant to Federal Rule of Civil
4 Procedure 16(b). The parties are reminded of their obligations under Federal Rule of
5 Civil Procedure 26(a)(1) to make initial disclosures without awaiting a discovery
6 request and, under Federal Rule of Civil Procedure 26(f), to confer regarding a
7 discovery plan at least twenty-one (21) days before the Scheduling Conference. The
8 Court encourages counsel to agree to begin to conduct discovery before the
9 Scheduling Conference. At the very least, the parties shall comply fully with the
10 letter and spirit of Federal Rule of Civil Procedure 26(a) and obtain and produce
11 most of what would be produced in the early stage of discovery as the Court will
12 impose strict deadlines to complete discovery at the Scheduling Conference.
13 This Court does not exempt parties appearing pro se from compliance
14 with any of the Federal Rules of Civil Procedure and the Local Rules, including
15 Local Rule 16. See Local Rules 1-3, 83-2.2.3. “Counsel,” as used in this order,
16 includes parties appearing pro se.
17 I. Joint Rule 26(f) Report
18 The Joint Rule 26(f) Report must be filed at least fourteen (14) days before the
19 Scheduling Conference. Mandatory paper chambers copies of the Joint Rule 26(f)
20 Report must be delivered to Judge Sykes’ drop box outside the door of Courtroom 2
21 by 5:00 PM on the first court day following the e-filing.
22 The Joint Rule 26(f) Report shall be drafted by Plaintiff (unless the parties
23 agree otherwise) but shall be submitted and signed jointly. If the Plaintiff is
24 appearing pro se, the Joint Rule 26(f) Report shall be drafted by Defendant’s counsel
25 (unless Plaintiff prefers to do so). “Jointly” means a single report regardless of the
26 number of separately represented parties involved in the case. The Joint Rule 26(f)
27 Report shall specify the date of the Scheduling Conference on the caption page and
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1 shall report on all matters described below as specified by Federal Rule of Civil
2 Procedure 26(f) and Local Rule 26:
3 a. Statement of the Case: A short synopsis (not to exceed two pages) of
4 the main claims, counterclaims, and affirmative defenses.
5 b. Subject Matter Jurisdiction: A statement of the specific basis of federal
6 jurisdiction, including supplemental jurisdiction. If there is a federal question, cite
7 the federal law under which the claim arises.
8 c. Legal Issues: A brief description of the key legal issues, including any
9 unusual substantive, procedural, or evidentiary issues.
10 d. Parties and Evidence: A list of parties, percipient witnesses, and key
11 documents or other evidence concerning the main issues in the case. For conflict
12 purposes, corporate parties must identify all subsidiaries, parents, and affiliates.
13 e. Service of Complaint: A short statement regarding whether Plaintiff has
14 served a summons and complaint upon each and every Defendant. If there are any
15 outstanding Defendants to whom Plaintiff has not yet served a summons and
16 complaint, a list of each Defendant which includes the reason Plaintiff has not yet
17 served them. Failure to show good cause as to why Plaintiff has failed to serve each
18 Defendant may result in dismissal of each such Defendant from the case without
19 prejudice for failure to prosecute.
20 f. Damages: The realistic range of provable damages.
21 g. Insurance: Whether insurance coverage exists, the extent of coverage,
22 and whether there has been or will be a reservation of rights.
23 h. Motions: A statement of the likelihood of motions seeking to add other
24 parties or claims, file amended pleadings, transfer venue, or challenge the Court’s
25 jurisdiction.
26 i. Dispositive Motions: A description of the issues or claims any party
27 believes may be determined by motion to dismiss or motion for summary judgment.
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1 The parties should refer to the Court’s Standing Order for specific guidelines
2 governing summary judgment motions.
3 j. Manual For Complex Litigation: Whether all or part of the procedures
4 of the Manual For Complex Litigation should be utilized.
5 k. Status of Discovery: A discussion of the present state of discovery,
6 including a summary of pending and completed discovery, and any current or
7 anticipated disputes.
8 l. Discovery Plan: A detailed discovery plan, as contemplated by Federal
9 Rule of Civil Procedure 26(f). State what, if any, changes in the disclosures under
10 Federal Rule of Civil Procedure 26(a) should be made, the subjects on which
11 discovery may be needed, whether discovery should be conducted in phases or
12 otherwise be limited, whether applicable limitations should be changed or other
13 limitations imposed, and whether the Court should enter other orders. A general
14 statement that discovery will be conducted as to all claims and defenses or another
15 vague description is not acceptable.
16 m. Fact Discovery Cut-off: A proposed discovery cut-off date governing
17 the completion of all fact discovery, including resolution of all discovery motions.
18 n. Expert Discovery: Proposed dates for initial and rebuttal expert witness
19 disclosures and expert discovery cut-off under Federal Rule of Civil Procedure
20 26(a)(2).
21 o. Settlement Conference / Alternative Dispute Resolution (“ADR”): A
22 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
24 (Form ADR-08) was filed in this case, the Court will refer it to the Magistrate Judge,
25 the Court Mediation Panel, or to private mediation at the parties’ expense. The
26 parties must state their preference in the Joint Rule 26(f) Report. The Court will
27 exercise its discretion to select an ADR option for the parties if they fail to state a
28 preference. No case will proceed to trial unless all parties, including an officer with
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1 full settlement authority for corporate parties, have appeared personally at an ADR
2 proceeding.
3 p. Trial Estimate: A realistic estimate, in days, of the Court time required
4 for trial and whether trial will be by jury or by the Court. Each side should specify
5 by number, not by name, the number of witnesses it contemplates calling. If the time
6 estimate for trial given in the Joint Rule 26(f) Report exceeds four (4) court days,
7 counsel must address in detail in the Report the basis for the estimate.
8 q. Trial Counsel: The name(s) of the attorney(s) who will try the case.
9 r. Independent Expert or Master: Whether the Court should consider
10 appointing a master pursuant to Federal Rule of Civil Procedure 53 or an independent
11 scientific expert at the parties’ expense. The appointment of a master may be
12 appropriate in cases where the parties anticipate substantial discovery disputes,
13 numerous claims to be construed in connection with a motion for summary judgment,
14 a lengthy Daubert hearing, or a resolution of a difficult computation of damages.
15 s. Schedule Worksheet: The parties must make every effort to agree on all
16 pretrial and trial dates and must complete the attached Schedule of Pretrial and Trial
17 Dates Worksheet (“Worksheet”) and include it with their Joint Rule 26(f) Report.
18 The entries in the “Time Computation” column reflect what the Court believes is
19 appropriate for most cases and will allow the Court to rule on potentially dispositive
20 motions sufficiently in advance of the Final Pretrial Conference. However, the
21 parties may propose other dates by which the key requirements must be completed.
22 Each date should be stated as month, day, and year, e.g., 1/15/2020. Hearings shall
23 be on Fridays at 2:00 p.m. The Final Pretrial Conference shall be held on Friday at
24 1:00 p.m. All deadlines shall be on Fridays. The parties must avoid federal holidays.
25 The Court may order dates different from those the parties propose. The discovery
26 cut-off date is the last day by which all depositions must be completed, responses to
27 previously served written discovery must be provided, and motions concerning
28 discovery disputes must be heard. The cut-off date for motions is the last date on
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1 which motions must be heard, not filed. If the parties would like the Court to set
2 dates in addition to those listed on the Worksheet, they may so request by separate
3 Stipulation and Proposed Order. Additional hearings are often appropriate for class
4 actions, patent cases, and cases for benefits under the Employee Retirement Income
5 Security Act of 1974 (“ERISA”).
6 t. Class Actions: If the action is a putative class action, the parties must
7 provide a proposed briefing schedule for the motion for class certification according
8 to the deadlines described Court’s Civil Standing Order. The Court expects the
9 parties to act diligently and begin discovery immediately because the motion for class
10 certification must be filed no later than one-hundred-eighty (180) days from the date
11 originally set for the Scheduling Conference unless the Court orders otherwise. In
12 other words, a continuance of the date for the Scheduling Conference will not extend
13 the time to file the motion for class certification.
14 u. Other issues: A statement of any other issues affecting the status or
15 management of the case, including unusually complicated technical or technological
16 issues, disputes over protective orders, extraordinarily voluminous document
17 production, non-English speaking witnesses, reasonable ADA accommodations,
18 discovery in foreign jurisdictions, the applicability of foreign law, the advanced age
19 or health of parties or key witnesses, and any proposals concerning severance,
20 bifurcation, or other ordering of proof.
21 The Joint Rule 26(f) Report should set forth the above-described information
22 under section headings corresponding to those in this Order.
23 II. Scheduling Conference
24 a. Continuance: A request to continue the Scheduling Conference will be
25 granted only for good cause. The parties should refer to the Court’s Standing Order
26 for additional guidance regarding requests for continuances.
27 b. Vacating the Scheduling Conference: The Court may vacate the
28 Scheduling Conference and issue the Scheduling Order based solely on the parties’
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1 Joint Rule 26(f) Report pursuant to Federal Rule of Civil Procedure 16(b).
2 c. Participation: If the Court elects to conduct a Scheduling Conference,
3 lead trial counsel must attend unless excused by the Court for good cause before the
4 Conference.
5 d. Failure to Submit a Joint Report: The failure to submit a Joint Report in
6 advance of the Scheduling Conference or to attend the Scheduling Conference may
7 result in the dismissal of the action, striking the Answer and entering a default, and/or
8 the imposition of sanctions.
9 III. Notice to be Provided by Counsel
10 Plaintiff’s counsel or, if Plaintiff is appearing pro se, Defendant’s counsel,
11 shall provide this Order to any parties who first appear after the date of this Order
12 and to parties who are known to exist but have not yet entered appearances.
13 IV. Disclosures to Clients
14 Counsel are ordered to deliver to their clients a copy of this Order and of the
15 Court’s Scheduling Order, which will contain the schedule the Court sets at the
16 Scheduling Conference.
17 V. Court’s Website
18 This and all other generally applicable orders of this Court are available on the
19 Central District of California website, www.cacd.uscourts.gov. The Local Rules are
20 also available on the Court’s website at https://www.cacd.uscourts.gov/court-
21 procedures/local-rules.
22 The Court thanks the parties and their counsel for their anticipated cooperation.
23 IT IS SO ORDERED.
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25 Dated:
26 ______________________________
27 SUNSHINE S. SYKES
United States District Judge
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DISTRICT JUDGE SUNSHINE S. SYKES
SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET
Please complete this worksheet jointly and file it with your Joint Rule 26(f) Report.
The parties must make every effort to agree on dates or the Court will set them.
Case No. Case Name:
Pl(s)’ Date Def(s)’ Date
Trial and Final Pretrial Conference Dates
mm/dd/yyyy mm/dd/yyyy
Check one: ☐ Jury Trial or ☐ Bench Trial
[Monday at 9:00 a.m. within 12-15 months of Scheduling Conference based on complexity]
Estimated Duration: _______ Days
Final Pretrial Conference (“FPTC”) [L.R. 16]
[Friday at 1:00 p.m. at least 17 days before trial]
Event1 Pl(s)’ Date Def(s)’ Date
Note: All deadlines shall be on Fridays. Time Computation2 mm/dd/yyyy mm/dd/yyyy
Hearings shall be on Fridays at 2:00 p.m.
6 weeks after
Last Date to Hear Motion to Amend Pleadings or Add Parties
Scheduling Conference
Fact Discovery Cut-Off
27 weeks before FPTC
(no later than deadline for filing dispositive motions)
Expert Disclosure (Initial) 26 weeks before FPTC
Expert Disclosure (Rebuttal) 24 weeks before FPTC
Expert Discovery Cut-Off 22 weeks before FPTC
Last Date to Hear Motions
Rule 56 Motion due at least 49 days before hearing; Rule 56 Opposition
due at least 35 days before hearing; Rule 56 Reply due at least 28 days 11 weeks before FPTC
before hearing
Deadlines for all other motions are pursuant to L.R. 6-1, 7-9, 7-10.
Deadline to Complete Settlement Conference [L.R. 16-15]
Select one: ☐ 1. Magistrate Judge (with Court approval) 8 weeks before FPTC
☐ 2. Court Mediation Panel
☐ 3. Private Mediation
Deadline to File Motions in Limine 6 weeks before FPTC
Deadline for Oppositions to Motions in Limine 4 weeks before FPTC
Trial Filings
Memoranda of Contentions of Fact and Law [L.R. 16-4]
Witness Lists [L.R. 16-5]
Joint Exhibit List [L.R. 16-6.1]
Joint Status Report Regarding Settlement
Proposed Findings of Fact and Conclusions of Law [L.R. 52] (bench trial
only)
Declarations containing Direct Testimony, if ordered
(bench trial only) 2 weeks before FPTC
Joint Proposed Final Pretrial Conference Order [L.R. 16-7]
Joint Agreed Upon Proposed Jury Instructions (jury trial only)
Disputed Proposed Jury Instructions (jury trial only)
Joint Proposed Verdict Forms (jury trial only)
Joint Proposed Statement of the Case (jury trial only)
Proposed Voir Dire Questions, if any (jury trial only)
Evidentiary Objections to Declarations of Direct Testimony
(bench trial only)
Hearing on Motions in Limine 1 week before FPTC
1 The parties may seek dates for additional events by filing a separate Stipulation and Proposed Order.
2 The numbers below represent the Court’s recommended timeline. The parties may propose alternate dates based on the needs of each
individual case. Class action, patent, and ERISA cases may need to vary from the above.
