Opinion
21cv616-MMA (MSB)
03-08-2022
MATTHEW BURGESS, Plaintiff, v. COUNTY OF SAN DIEGO, et al., Defendants.
SCHEDULING ORDER REGULATING DISCOVERY AND OTHER PRE-TRIAL PROCEEDINGS
Honorable Michael S. Berg United States Magistrate Judge.
Pursuant to Rule 16.1(d) of the Local Rules, a Case Management Conference was held on March 8, 2022 . 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 March 22, 2022 .
2. Any motion to join other parties, to amend the pleadings, or to file additional pleadings must be filed by May 4, 2022 .
3. A telephonic attorneys-only Case Management Conference is set for June 1, 2022 , at 9:30 a.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 fact discovery shall be completed by all parties on or before January 5, 2023 . “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 November 7, 2022 .
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. The parties must designate their respective experts in writing by October 7, 2022 . The parties must identify any person who may be used at trial to present evidence pursuant to Rules 702, 703 or 705 of the Fed.R.Evid. This requirement is not limited to retained experts. The date for exchange of rebuttal experts must be by October 21, 2022 . The written designations must include the name, address and telephone number of the expert and a reasonable summary of the testimony the expert is expected to provide. The list must also include the normal rates the expert charges for deposition and trial testimony.
6. By November 21, 2022 , each party must comply with the disclosure provisions in Rule 26(a)(2)(B) and (C) of the Federal Rules of Civil Procedure. This disclosure requirement applies to all persons retained or specially employed to provide expert testimony, or whose duties as an employee of the party regularly involve the giving of expert testimony. Except as provided in the paragraph below, any party that fails to make these disclosures will not, absent substantial justification, be permitted to use evidence or testimony not disclosed at any hearing or at the time of trial. In addition, the Court may impose sanctions as permitted by Fed.R.Civ.P. 37(c).
7. Any party must supplement its disclosure regarding contradictory or rebuttal evidence under Fed.R.Civ.P. 26(a)(2)(D) by December 5, 2022 .
8. All expert discovery must be completed by all parties by January 5, 2023 . The parties must comply with the same procedures set forth in the paragraph governing fact discovery.
9. 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.
10. All dispositive pretrial motions, including motions for summary judgment and motions addressing Daubert issues, must be filed by February 3, 2023 . Counsel for the moving party must obtain a motion hearing date from Judge Anello's law clerk. 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 the motion not being heard.
11. If appropriate, following the filing of an order ruling on a motion for summary judgment or other dispositive pretrial motion, or in the event no such motion is
filed, after the expiration of the deadline set forth in paragraph 8, supra, Judge Anello will issue a pretrial scheduling order setting a pretrial conference, trial date, and all related pretrial deadlines. The parties must review and be familiar with Judge Anello's Civil Chambers Rules, which provide additional information regarding pretrial scheduling.
12. The parties are ORDERED to contact the Chambers of Magistrate Judge Michael S. Berg within three days of the Court's ruling on a dispositive pretrial motion, or in the event no such motion is filed, after the expiration of the deadline set forth in paragraph 8, supra, to schedule a Mandatory Settlement Conference.
13. A post trial settlement conference before a magistrate judge may be held within 30 days of verdict in the case.
14. The dates and times set forth herein will not be modified except for good cause shown.
15. Briefs or memoranda in support of or in opposition to any pending motion must not exceed twenty-five (25) pages in length without leave of a district court judge. No reply memorandum will exceed ten (10) pages without leave of a district court judge. Briefs and memoranda exceeding ten (10) pages in length must have a table of contents and a table of authorities cited.
16. Plaintiffs counsel must serve a copy of this order on all parties that enter this case hereafter.
This deadline is not applicable to pretrial motions in limine. For further information regarding motions in limine, please refer to Judge Anello's Civil Chambers Rules.
IT IS SO ORDERED.