Opinion
C21-0811 TSZ
05-25-2023
BUNGIE, INC., Plaintiff, v. AIMJUNKIES.COM, et al., Defendants.
MINUTE ORDER
The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge:
(1) Defendants' motion for relief from deadline for disclosure of expert testimony, docket no. 128, is GRANTED as follows. As provided in the Declaration of Philip Mann, docket no. 137, Defendants seek to disclose one expert, Scott Kraemer, to provide certain testimony regarding the remaining counterclaims in this action. Although Defendants could have brought this motion sooner, the Court finds good cause for the requested relief. See Fed.R.Civ.P. 16(b)(4). The Court did not rule on Plaintiff's motion to dismiss the amended counterclaims of defendants and counterclaimants James May and Phoenix Digital Group LLC until February 3, 2023, see Minute Order (docket no. 84), well after the November 21, 2022, deadline to disclose expert testimony in this action, see Minute Order (docket no. 44). Additionally, the Court has determined that granting the present motion will not affect the December 4, 2023, trial date. This motion, however, is not granted without limitation, and Mr. Kraemer's report shall be limited to the opinions described in Mr. Mann's declaration, docket no. 137.
(2) Having granted Defendants' motion for relief from deadline for disclosure of expert testimony, the Court issues the following amended case schedule:
JURY TRIAL set for 9:00 AM on
December 4, 2023
Length of Trial
3 to 4 days
Defendants' disclosure of Scott Kraemer's expert report is due by
June 12, 2023
Limited discovery regarding Scott Kraemer's expert testimony must be completed by
July 14, 2023
Settlement conference pursuant to LCR 39.1 must be completed by
July 14, 2023
Dispositive Motions must be filed by and noted on the motions calendar no later than the fourth Friday thereafter (see LCR 7(d))
July 20, 2023
Motions related to expert witnesses (e.g., Daubert motion) must be filed by and noted on the motions calendar no later than the third Friday thereafter (see LCR 7(d))
July 27, 2023
Mediation shall be completed by
September 1, 2023
Letter of mediation compliance shall be filed with the Court no later than
September 8, 2023
Motions in Limine due by and noted on the motions calendar no later than the Friday before the Pretrial Conference (see LCR 7(d)(4))
October 26, 2023
November 9, 2023
Trial Briefs to be submitted by
November 9, 2023
Proposed Voir Dire/Jury Instructions due by
November 9, 2023
Pretrial Conference set for 10:00 AM on
November 20, 2023
For further details concerning the Pretrial Order and the exhibit list contained therein, refer to the Minute Order Setting Trial and Related Dates entered on June 14, 2022, docket no. 44.
(3) The Clerk is directed to send a copy of this Minute Order to all counsel of record.