Opinion
21cv1016-JLS (MSB)
08-05-2021
ANN KENNEY, individually and on behalf of all others similarly situated, Plaintiff, v. FRUIT OF THE EARTH, INC., et al., Defendants.
SCHEDULING ORDER REGULATING DISCOVERY AND OTHER PRE-TRIAL PROCEEDINGS
Michael S. Berg United States Magistrate Judge
Pursuant to Rule 16.1(d) of the Local Rules, a Case Management Conference was held on August 2, 2021. After consulting with the attorneys of record for the parties and being advised of the status of the case, and good cause appearing, IT IS HEREBY ORDERED:
1. The parties shall file a joint motion for a protective order, which includes the terms of their agreement for handling confidential documents and information, on or before September 2, 2021.
2. Any motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed by October 4, 2021.
3. A telephonic attorneys-only Case Management Conference is set for November 3, 2021, at 1:30 p.m. Plaintiff's counsel is to arrange and initiate the conference call. The telephone number for Judge Berg's chambers is (619) 557-6632.
4. All discovery for class certification shall be completed by all parties by February 2, 2022. “Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of time in advance of the cut-off date, so that it may be completed by the cut-off date, taking into account the times for service, notice and response as set forth in the Federal Rules of Civil Procedure. All interrogatories, requests for admission, and document production requests must be served by December 2, 2021.
Counsel shall promptly and in good faith meet and confer with regard to all discovery disputes in compliance with Local Rule 26.1(a). All discovery disputes must be raised with the Court within 30 days of the event giving rise to the dispute. For oral discovery, the event giving rise to the dispute is the completion of the transcript of the relevant portion of the deposition. For written discovery, the event giving rise to the discovery dispute is the date of service of the response, not the date on which counsel reach an impasse in meet and confer efforts. If a party fails to provide a discovery response, the event giving rise to the discovery dispute is the date response was due.
The Court's procedures for resolving discovery disputes are set forth in Magistrate Judge Michael S. Berg's Civil Chambers Rules, which are posted on the Court's website. A failure to comply in this regard will result in a waiver of a party's discovery issue. Absent an order of the court, no stipulation continuing or altering this requirement will be recognized by the court.
5. Any motion for class certification must be filed on or before March 2, 2022 . Counsel for the moving party must obtain a motion hearing date from the law clerk of the judge who will hear the motion. The period of time between the date you request a motion date and the hearing date may vary from one district judge to another. Please plan accordingly. Failure to make a timely request for a motion date may result in a motion not being heard.
6. The Court will set additional dates after a ruling on the motion for class certification.
7. Failure to comply with this section or any other discovery order of the court may result in the sanctions provided for in Fed.R.Civ.P. 37, including a prohibition on the introduction of experts or other designated matters in evidence.
8. The parties must review the chambers' rules for the assigned magistrate judge.
9. A post trial settlement conference before a magistrate judge may be held within 30 days of verdict in the case.
10. The dates and times set forth herein will not be modified except for good cause shown.
11. Briefs or memoranda in support of or in opposition to any pending motion shall not exceed twenty-five (25) pages in length without leave of a district court judge. No reply memorandum shall exceed ten (10) pages without leave of a district court judge. Briefs and memoranda exceeding ten (10) pages in length shall have a table of contents and a table of authorities cited.
12. Plaintiff s counsel shall serve a copy of this order on all parties that enter this case hereafter.
IT IS SO ORDERED.