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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. )
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) Date:
15 Defendant(s). ) Time: 11:00 a.m.
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16 )
______________________________
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READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS
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FROM THE LOCAL RULES.
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This case has been assigned to Judge Dale S. Fischer. This matter is set for a
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scheduling conference on the above date. If plaintiff has not already served the
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operative complaint on all defendants, plaintiff must do so promptly and must file
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proofs of service within three days thereafter. Defendants also must timely serve
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and file their responsive pleadings. The Court will dismiss all remaining
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fictitiously-named defendants at the scheduling conference. The Court will also set
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a date by which motions to amend the pleadings or add parties must be heard.
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The scheduling conference will be held pursuant to Rule 16(b) of the Federal
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Rules of Civil Procedure (“Rule __”). The parties are reminded of their obligations
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revised 6-5-20
1 under Rule 26(a)(1) to disclose information (without awaiting a discovery request),
2 and under Rule 26(f) to meet and confer on a discovery plan not later than 21 days
3 before the scheduling conference and to file a “Joint Rule 26(f) Report” not later
4 than 14 days after the meeting of counsel and not later than seven days before the
5 scheduling conference. Paper Chambers copies of the Joint Rule 26(f) Report must
6 be delivered to Judge Fischer’s box next to the Clerk’s office on the fourth floor of
7 the First Street Courthouse. Paper Chambers copies must be “blue-backed,” with
8 the title of the document on the lower right hand corner of the “blue-back.” Paper
9 Chambers copies must be submitted no later than noon on the day after the e-filing.
10 Failure to comply with the requirements in this Order or to cooperate in the
11 preparation of the Joint Rule 26(f) Report may lead to the imposition of sanctions.
12 The Court encourages counsel to agree to begin to conduct discovery
13 actively before the scheduling conference. At the very least, the parties must
14 comply fully with the letter and spirit of Rule 26(a) and obtain and produce most of
15 what would be produced in the early stage of discovery, because at the scheduling
16 conference the Court will impose strict deadlines to complete discovery.
17 This Court does not exempt parties appearing in propria persona from
18 compliance with any of the Local Rules, including Local Rule 16. “Counsel,”
19 as used in this order, includes parties appearing in propria persona.
20 1. Joint Rule 26(f) Report
21 The Joint Rule 26(f) Report, which must be filed not later than seven days
22 before the scheduling conference, must be drafted and filed by plaintiff (unless the
23 plaintiff is a non-lawyer pro per or the parties agree otherwise), but must be signed
24 jointly. “Jointly” contemplates a single report, regardless of how many separately-
25 represented parties there are. The Joint Rule 26(f) Report must specify the date of
26 the scheduling conference on the caption page. It must report on all matters
27 described below, which include those required to be discussed by Rule 26(f) and
28 Local Rule 26:
revised 6-5-20 2
1 a. Statement of the case: a short synopsis (not to exceed two pages) of
2 the main claims, counterclaims, and affirmative defenses.
3 b. Subject matter jurisdiction: a statement of the specific basis of federal
4 jurisdiction, including supplemental jurisdiction.
5 c. Legal issues: a brief description of the key legal issues, including any
6 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 other
14 parties or claims, file amended pleadings, transfer venue, etc.
15 h. Status of Discovery: a discussion of the present state of discovery,
16 including a summary of completed discovery.
17 i. Discovery Plan: a detailed discovery plan, as contemplated by Rule
18 26(f), including the identity of all anticipated deponents and dates by
19 which their depositions are to be completed (if possible), anticipated
20 written discovery requests, including requests for admission,
21 document requests, and interrogatories, and a schedule for completion
22 of all discovery. State what, if any, changes in the disclosures under
23 Rule 26(a) should be made, the subjects on which discovery may be
24 needed, whether applicable limitations should be changed or other
25 limitations imposed, and whether the Court should enter other orders.
26 (It is very unlikely that the Court will agree to phased discovery.) A
27 statement that discovery will be conducted as to all claims and
28 defenses, or other vague description, is not acceptable. (Pursuant to
revised 6-5-20 3
1 Rule 26(f)(2), a discovery plan that complies with Rule 26(f)(3) must
2 be filed within 14 days after the scheduling conference. If the
3 information provided in the Joint 26(f) Report does not meet these
4 requirements, the parties must file an additional more detailed
5 discovery plan no later than 14 days after the date of the scheduling
6 conference, even if that conference date has been vacated.)
7 j. Discovery cut-off: a proposed discovery cut-off date. N.B. This
8 means the final day for completion of discovery, including resolution
9 of all discovery motions. This date should ensure that discovery is
10 completed sufficiently in advance of the motion cut-off date to avoid
11 any request pursuant to Rule 56(d).
12 k. Expert discovery: proposed dates for expert witness disclosures
13 (initial and rebuttal) and expert discovery cut-off under Rule 26(a)(2).
14 This date should ensure that discovery is completed sufficiently in
15 advance of the motion cut-off date to avoid any request pursuant to
16 Rule 56(d).
17 l. Dispositive motions: a description of the issues or claims that any
18 party believes may be determined by motion for summary judgment
19 or motion in limine.
20 m. Settlement/Alternative Dispute Resolution (ADR): a statement of
21 what settlement discussions or written communications have occurred
22 (excluding any statement of the terms discussed) and a statement
23 selecting one of the three ADR Procedures specified in Local Rule 16-
24 15.4 and indicating when the ADR session should occur. Note: If
25 counsel have received a Notice to Parties of Court-Directed ADR
26 Program (form ADR-08), the case presumptively will be referred to
27 the Court Mediation Panel or private mediation (at the parties’
28 expense). No case will proceed to trial unless all parties, including an
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1 officer (with full authority to settle the case) of all corporate parties,
2 have appeared personally at an ADR proceeding.
3 n. Trial estimate: a realistic estimate of the time required for trial and
4 whether trial will be by jury or by the court. Each side should specify
5 (by number, not by name) how many witnesses it contemplates
6 calling. If the time estimate for trial given in the Joint Rule 26(f)
7 Report exceeds four court days, counsel must be prepared to discuss
8 in detail the estimate.
9 o. Lead Trial Counsel: the name of lead trial counsel. Only one lead trial
10 counsel should be named. If counsel purport to be co-lead counsel,
11 both must appear at all proceedings set by the Court.
12 p. Independent Expert or Master: whether this is a case where the Court
13 should consider appointing a master pursuant to Rule 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
17 summary judgment motion, a lengthy Daubert hearing, a resolution of
18 a difficult computation of damages, etc.)
19 q. Timetable: complete the Schedule of Pretrial and Trial Dates
20 attached to this Order and attach it to the Joint Rule 26(f) Report.
21 Submission of a completed Schedule is mandatory. The entries in
22 the “Weeks Before Trial” column reflect what the Court has
23 determined are appropriate for most cases and will allow the Court to
24 rule on potentially dispositive motions sufficiently in advance of the
25 pretrial conference and otherwise to prepare for the conference. The
26 Schedule is designed to enable counsel to ask the Court to set different
27 (but only earlier) last dates by which the key requirements must be
28 completed. Each side should insert the month, day, and year that side
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1 requests for each event. For example, the expert discovery cut-off
2 might be “10/7/21” for plaintiff and “10/28/21” for defendant, if they
3 cannot agree. Counsel are expected to act professionally and make
4 every effort to agree on dates. At the scheduling conference, the
5 Court will review the proposed Schedule with counsel. Each entry
6 proposing Court dates must fall on a Monday, except the trial
7 date, which must be a Tuesday. Counsel should ensure that
8 requested dates do not fall on a holiday. In appropriate cases the
9 Court will order different dates after it hears from counsel. The
10 discovery cut-off date is the last day by which all depositions must be
11 completed, responses to previously-served written discovery must be
12 provided, and motions concerning discovery disputes must be heard.
13 The cut-off date for motions is the last date on which motions may be
14 heard, not filed. The Court is not likely to continue this date, and
15 generally will not do so unless the trial date is also continued. The
16 Schedule provides for separate “last days” for motions to amend
17 pleadings or add parties, motions in limine, and all other motions.
18 r. Magistrate Judge: whether the parties agree to try the case before a
19 magistrate judge. Pursuant to 28 U.S.C. § 636, the parties may
20 consent to have a magistrate judge preside over all proceedings,
21 including jury trials. The parties may choose any magistrate judge
22 (not just the judge assigned to the case) from among the magistrate
23 judges identified on the Central District website. The consent form
24 can also be found on the website.
25 s. Class Actions: if the action is a putative class action, the parties are to
26 provide a proposed briefing schedule for the motion for class
27 certification. The schedule must provide for at least three weeks
28 between the filing of the reply and the hearing. The Court expects the
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1 parties to act diligently and begin discovery immediately, because the
2 motion must be filed no later than 120 days from the date originally
3 set for the scheduling conference, unless the Court orders otherwise.
4 In other words, a continuance of the date for the scheduling
5 conference will not extend the time to file the motion for class
6 certification.
7 t. Other issues: a statement of any other issues affecting the status or
8 management of the case (e.g., unusually complicated technical or
9 technological issues, disputes over protective orders, extraordinarily
10 voluminous document production, non-English speaking witnesses,
11 ADA-related issues, discovery in foreign jurisdictions, etc.), and any
12 proposals concerning severance, bifurcation, or other ordering of
13 proof.
14 The Joint Rule 26(f) Report should provide the above information under
15 section headings corresponding to those in this Order.
16 2. Scheduling Conference
17 The scheduling conference will be held in the First Street Courthouse,
18 courtroom 7D, 350 West 1st St., Los Angeles, CA. Counsel must comply with the
19 following:
20 a. Participation: Lead trial counsel must attend the scheduling
21 conference, unless excused by the Court for good cause shown in
22 advance of the scheduling conference. When seeking permission not
23 to attend, lead trial counsel must identify the person who will appear
24 by name and bar number, and specify that person’s involvement in the
25 case. The Court may choose to postpone the scheduling conference
26 rather than to permit counsel other than lead trial counsel to attend.
27 Neither local counsel nor other counsel designated as trial counsel
28 may appear at a scheduling conference in place of lead trial counsel.
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1 Counsel should not purport to be co-lead trial counsel as a means of
2 avoiding this requirement. If counsel purport to be co-lead counsel,
3 both must appear at all proceedings set by the Court.
4 b. Continuance: A continuance of the scheduling conference will be
5 granted only for good cause.
6 3. Notice to be Provided by Counsel
7 Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel,
8 must provide this Order to any parties who first appear after the date of this Order
9 and to parties who are known to exist but have not yet entered appearances.
10 4. Disclosures to Clients
11 Counsel are ordered to deliver to their respective clients a copy of this Order
12 and of the Court’s trial order, which will contain the schedule that the Court sets at
13 the scheduling conference.
14 5. Court’s Website
15 Copies of this and other orders of this Court that may become applicable to
16 this case are available on the Central District of California website, at
17 www.cacd.uscourts.gov, under “Judge’s Procedures and Schedules.” The Local
18 Rules are available on the website.
19 The Court thanks the parties and their counsel for their anticipated
20 cooperation in complying with these requirements.
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1 Caveat: Unless lead trial counsel is excused by the Court in advance of the
2 scheduling conference, the attorney who appears at the scheduling conference
3 will be deemed lead counsel. If counsel fail to file the required Joint Rule 26(f)
4 Report, or the required pretrial documents, or if lead counsel fails to appear
5 at the scheduling conference, the pretrial conference, or any other proceeding
6 scheduled by the Court, and such failure is not satisfactorily explained to the
7 Court: (a) the case will be dismissed for failure to prosecute, if such failure
8 occurs on the part of the plaintiff; (b) default (and thereafter default
9 judgment) will be entered if such failure occurs on the part of the defendant;
10 or (c) the Court will take such other action as it deems appropriate.
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12 IT IS SO ORDERED.
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Dated: _________________ ____________________________
14 Dale S. Fischer
United States District Judge
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SCHEDULE OF PRETRIAL AND TRIAL DATES
CASE NAME:
CASE NO:
Matter Time Weeks Plaintiff(s) Defendant(s) Court
before Request Request Order
trial
Trial (jury)(court) (length ___days) (Tuesday) 8:30 am
Pretrial Conference, LR 16; 3:00pm 4
Hearing on Motions in Limine (Monday)
Trial Documents (Set Two) 6
All Trials: Lodge Pretrial Conference Order, LR 16-
7; File Oppositions to Motions in Limine
Jury Trial Only: File Agreed Set of Jury Instructions
and Verdict Forms; Statement Regarding Disputed
Instructions and Verdict forms
Trial Documents (Set One) 7
All Trials: File Memo of Contentions of Fact and
Law, LR 16-4; Exhibit & Witness Lists, LR 16-5, 6;
Status Report Regarding Settlement; Motions in
Limine (no more than five motions per side may be
filed without Court permission)
Court Trial Only: Lodge Findings of Fact and
Conclusions of Law, LR 52; File Summaries of Direct
Testimony (optional)
Last day to conduct ADR Proceeding, LR 16-15 12
Last day to hear motions (except motion to amend 14
pleadings or add parties and motions in limine), LR 7
(Monday)
Non-expert Discovery Cut-off 21+
Expert Disclosure (initial)
Expert Disclosure (rebuttal)
Expert Discovery Cut-off 21+
Last day to hear motion to amend pleadings or add 32+
parties (Monday)
LR 16-15 ADR Choice: 1. USMJ 3. Outside ADR
2. Attorney Settlement Panel
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