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8 UNITED STATES DISTRICT COURT
9 FOR THE CENTRAL DISTRICT OF CALIFORNIA
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11 [PARTY], Case No.
12 Plaintiff[s], ORDER SETTING SCHEDULING
CONFERENCE
13 v.
Date:
14 [PARTY], Time:
Location: Courtroom 9D of the Ronald
15 Defendant[s]. Reagan Federal Building and U.S.
Courthouse, 411 W. 4th Street,
16 Santa Ana, California
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19 PLEASE READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM
20 THE LOCAL RULES.
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1 This case has been assigned to U.S. District Judge John W. Holcomb. This
2 matter is set for a Scheduling Conference on the date set forth above. Unless
3 otherwise indicated, the Scheduling Conference will be conducted in person,
4 in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse,
5 411 W. 4th Street, Santa Ana, California.
6 If Plaintiff has not already served the operative Complaint on all
7 defendants, then Plaintiff is DIRECTED to do so forthwith, and Plaintiff shall file
8 proofs of such service within three days thereafter. Defendants shall also
9 timely serve and file their respective responsive pleadings, and they shall file
10 proofs of service within three days thereafter.
11 The Court will conduct the Scheduling Conference pursuant to Rule 16(b)
12 of the Federal Rules of Civil Procedure. The parties are reminded of their
13 obligations under Rule 26(f) to confer regarding a discovery plan no later than
14 21 days before the Scheduling Conference and to file a “Joint Rule 26(f)
15 Report” with the Court no later than 14 days before the Conference. The
16 parties are not required to provide a Mandatory Chambers Copy of their Joint
17 Rule 26(f) Report.
18 The Court encourages counsel to begin to conduct discovery actively
19 before the Scheduling Conference. At the very least, the parties shall comply
20 fully with the letter and spirit of Rule 26(a) and thereby obtain and produce
21 most of what would be produced in the early stage of discovery, because at the
22 Scheduling Conference the Court will impose strict deadlines to complete
23 discovery.
24 This Court does not exempt parties appearing in propria persona from
25 compliance with any of the Local Rules, including L.R. 16. “Counsel,” as used in
26 this order, includes parties appearing in propria persona.
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1 I. JOINT RULE 26(f) REPORT
2 The Joint Rule 26(f) Report, which shall be filed no later than 14 days
3 before the Scheduling Conference, shall be drafted by Plaintiff (unless the
4 parties agree otherwise), but shall be submitted and signed jointly. “Jointly”
5 contemplates a single report, regardless of how many separately represented
6 parties are in the case. The Joint Rule 26(f) Report shall specify the date of the
7 Scheduling Conference on the caption page. It shall report on all matters
8 described below, which include those required to be discussed by Rule 26(f)
9 and L.R. 26:
10 1. Statement of the Case: A short synopsis (not to exceed two pages)
11 of the main claims in the Complaint and in the Counterclaim (if any) and the
12 primary affirmative defenses.
13 2. Subject Matter Jurisdiction: A statement of the specific basis of
14 federal jurisdiction, including supplemental jurisdiction.
15 3. Legal Issues: A brief description of the key legal issues, including
16 any unusual substantive, procedural, or evidentiary issues.
17 4. Parties, Evidence, etc.: A list of parties, witnesses, and key
18 documents on the main issues in the case. For conflict purposes, corporate
19 parties must identify all subsidiaries, parents, and affiliates.
20 5. Damages: The realistic range of provable damages.
21 6. Insurance: Whether there is insurance coverage, the extent of
22 coverage, and whether there is a reservation of rights.
23 7. Motions: A statement of the likelihood of motions seeking to add
24 other parties or claims, to file amended pleadings, to transfer venue, etc.
25 8. Manual for Complex Litigation: Whether all or part of the
26 procedures of the Manual for Complex Litigation should be utilized for this
27 case.
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1 9. Status of Discovery: A discussion of the present state of discovery,
2 including a summary of completed discovery.
3 10. Discovery Plan: A detailed discovery plan, as contemplated by
4 Rule 26(f). State what, if any, changes in the disclosures under Rule 26(a)
5 should be made, the subjects on which discovery may be needed, whether
6 discovery should be conducted in phases or otherwise be limited, whether
7 applicable limitations should be changed or other limitations imposed, and
8 whether the Court should enter other orders. A statement that “discovery will
9 be conducted as to all claims and defenses,” or other vague description, is not
10 acceptable.
11 11. Discovery Cut-off: A proposed discovery cut-off date. This means
12 the final day for the completion of discovery, including the resolution of all
13 discovery motions.
14 12. Expert Discovery: Proposed dates for expert witness disclosures
15 (initial and rebuttal) and expert discovery cut-off under Rule 26(a)(2).
16 13. Dispositive Motions: A description of the issues or claims that any
17 party believes may be determined by motion for summary judgment or motion
18 in limine.
19 14. Settlement/Alternative Dispute Resolution (ADR): A statement of
20 what settlement discussions or written communications have occurred
21 (excluding any statement of the terms discussed). If counsel have received a
22 Notice to Parties of Court-Directed ADR Program (Form ADR-08), the case
23 presumptively will be referred to the Court Mediation Panel or to private
24 mediation (at the parties’ expense). If the parties jointly desire a settlement
25 conference with the assigned Magistrate Judge, they should so indicate in their
26 report. The case may not proceed to trial unless all parties, including an officer
27 (with full authority to settle the case) of all corporate parties, have appeared
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1 15. Trial Estimate: A realistic estimate of the time required for trial
2 and whether the trial will be a bench trial or a jury trial. Each side should
3 specify (by number, not by name) how many witnesses it contemplates calling.
4 16. Trial Counsel: The name(s) of the attorney(s) who will try the
5 case.
6 17. Independent Expert or Master: Whether this is a case where the
7 Court should consider appointing a master pursuant to Rule 53 or an
8 independent scientific expert.
9 18. Timetable: Complete the Schedule of Pretrial and Trial Dates
10 form attached as Exhibit A to this Order and attach it to the Joint Rule 26(f)
11 Report. Each side should write in the month, day, and year it requests for each
12 event. At the Scheduling Conference, the Court will review this form with
13 counsel. The proposed date for each event shall fall on a Friday, except the
14 trial date, which is a Monday. Counsel should ensure that requested dates do
15 not fall on a holiday. In appropriate cases, the Court may order different dates
16 from those proposed by the parties. The discovery cut-off date is the last day
17 by which all depositions must be completed, responses to previously served
18 written discovery must be provided, and motions concerning discovery
19 disputes must be heard. The cut-off date for motions is the last date on which
20 motions may be heard, not filed. The Court directs counsel’s attention to
21 L.R. 6-1 regarding the timing of motions, oppositions thereto, and hearings
22 thereon.
23 19. Amending Pleadings and Adding Parties: Please note that the
24 Court does not typically set a separate deadline for the parties to amend their
25 pleadings or to add parties. A party who wishes to amend its pleading or to
26 add one or more parties shall seek a stipulation from the other parties. If the
27 parties cannot reach such a stipulation, then the party seeking to amend shall
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1 comply with Rule 15(a) and, if applicable, Rule 16(b)(4) of the Federal Rules of
2 Civil Procedure, as well as L.R. 15-1 through L.R. 15-3 and L.R. 16-14.
3 20. Other issues: A statement of any other issues affecting the status
4 or management of the case (e.g., unusually complicated technical or
5 technological issues, disputes over protective orders, extraordinarily
6 voluminous document production, non-English speaking witnesses, ADA-
7 related issues, discovery in foreign jurisdictions, etc.) and any proposals
8 concerning severance, bifurcation, or other ordering of proof. The Court does
9 not like surprises. Accordingly, counsel and the parties are directed to raise in
10 the Joint Rule 26(f) Report any and all issues that may tend to make this case
11 unusual, challenging, or difficult.
12 21. Consent to Proceed Before Magistrate Judge: A statement that
13 counsel for all parties have discussed whether the parties consent to have a
14 Magistrate Judge of this Court conduct any and all necessary proceedings and
15 order the entry of judgment in this matter pursuant to 28 U.S.C. § 636(c) and
16 General Order 12-01. The statement should indicate whether the parties
17 consent to the assignment of this matter to a Magistrate Judge.
18 The Joint Rule 26(f) Report should set forth the above-described
19 information under section headings corresponding to those in this Order.
20 II. SCHEDULING CONFERENCE
21 Lead trial counsel for each party must be present. Counsel must be
22 prepared to discuss the substantive issues in the case and authorized to
23 address the prospective case schedule with the Court and opposing counsel. If
24 lead trial counsel for a party cannot be present because of an unreconcilable
25 scheduling conflict, then that party shall seek a stipulation with the other
26 parties to continue the Scheduling Conference (by no more than three weeks)
27 to a date on which all lead counsel can attend. If the parties cannot reach such
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1 a stipulation, then lead trial counsel who cannot attend the Scheduling
2 Conference shall file an ex parte application seeking to be excused.
3 Other than as set forth in the preceding paragraph, a continuance of the
4 Scheduling Conference will be granted only for good cause.
5 III. NOTICE TO BE PROVIDED BY COUNSEL
6 Plaintiff’s counsel or, if Plaintiff is appearing pro se, Defendant’s counsel,
7 shall provide this Order to any parties who first appear after the date of this
8 Order and to parties who are known to exist but have not yet entered
9 appearances.
10 IV. COURT’S WEBSITE
11 Copies of this and all other orders of this Court that may become
12 applicable to this case are available on the Central District of California
13 website, at www.cacd.uscourts.gov, under “Judge’s Procedures and
14 Schedules.” Copies of the Local Rules are also available on the website.
15 IT IS SO ORDERED.
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17 Dated:
John W. Holcomb
18 UNITED STATES DISTRICT JUDGE
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