1 2 3 4 5 6 7 10 11 IN RE DERMTECH INC. SECURITIES Case No.: 23-cv-01885-DMS-JLB LITIGATION 12 AMENDED SCHEDULING ORDER . AND OTHER PRE-TRIAL 14 PROCEEDINGS 15 16 17 18 Before the Court is the parties’ Joint Motion to Amend Scheduling Order, requesting 19 an extension of three months. (ECF No. 78). Good cause appearing, the joint motion is 20 GRANTED, and the Scheduling Order (ECF No. 55) is AMENDED as follows: 21 1. All fact discovery shall be completed by all parties by October 9, 2026. 22 “Completed” means that all discovery under Rules 30–36 of the Federal Rules of Civil 23 Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of 24 time in advance of the cut-off date, so that it may be completed by the cut-off date, taking 25 into account the times for service, notice and response as set forth in the Federal Rules of 26 Civil Procedure. All interrogatories, requests for admission, and document production 27 requests must be served by September 30, 2026. 28 Counsel shall promptly and in good faith meet and confer with regard to all 1 discovery disputes in compliance with Civil Local Rule 26.1.a. The Court expects 2 counsel to make every effort to resolve all disputes without court intervention through the 3 meet and confer process. Discovery disputes must be brought to the Court’s attention in 4 the time and manner required by § V of Judge Burkhardt’s Civil Chambers Rules. All 5 discovery disputes must be raised within 30 calendar days of the service of an 6 objection, answer, or response that becomes the subject of dispute, or the passage of a 7 discovery due date without response or production, and only after counsel (and any 8 unrepresented parties) have met and conferred to resolve the dispute. See J. Burkhardt Civ. 9 Chambers R. § V. A failure to comply in this regard will result in a waiver of a party’s 10 discovery issue. Absent an order of the court, no stipulation continuing or altering 11 this requirement will be recognized by the court. 12 2. Plaintiff’s class certification motion must be filed by November 20, 2026. 13 Counsel for the moving party must obtain a motion hearing date from the law clerk of the 14 judge who will hear the motion. The period of time between the date you request a motion 15 date and the hearing date may vary from one district judge to another. Please plan 16 accordingly. Failure to make a timely request for a motion date may result in the motion 17 not being heard. 18 3. The parties shall designate their respective experts in writing by 19 November 24, 2026. The parties must identify any person who may be used at trial to 20 present evidence pursuant to Rules 702, 703 or 705 of the Fed. R. Evid. This requirement 21 is not limited to retained experts. The date for exchange of rebuttal experts shall be by 22 December 23, 2026. The written designations shall include the name, address and 23 telephone number of the expert and a reasonable summary of the testimony the expert is 24 expected to provide. The list shall also include the normal rates the expert charges for 25 deposition and trial testimony. 26 4. By November 24, 2026, each party shall comply with the disclosure 27 provisions in Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This 28 disclosure requirement applies to all persons retained or specially employed to provide 1 expert testimony, or whose duties as an employee of the party regularly involve the giving 2 of expert testimony. Except as provided in the paragraph below, any party that fails 3 to make these disclosures shall not, absent substantial justification, be permitted to 4 use evidence or testimony not disclosed at any hearing or at the time of trial. In 5 addition, the Court may impose sanctions as permitted by Fed. R. Civ. P. 37(c). 6 5. Any party shall supplement its disclosure regarding contradictory or rebuttal 7 evidence under Fed. R. Civ. P. 26(a)(2)(D) by December 23, 2026. 8 6. All expert discovery shall be completed by all parties by January 22, 2027. 9 The parties shall comply with the same procedures set forth in the paragraph governing 10 fact discovery. 11 7. Failure to comply with this section or any other discovery order of the court 12 may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on 13 the introduction of experts or other designated matters in evidence. 14 8. All other pretrial motions must be filed by March 31, 2027. Counsel for the 15 moving party must obtain a motion hearing date from the law clerk of the judge who will 16 hear the motion. The period of time between the date you request a motion date and the 17 hearing date may vary from one district judge to another. Please plan accordingly. Failure 18 to make a timely request for a motion date may result in the motion not being heard. 19 Motions in limine are to be filed as directed in the Local Rules, or as otherwise set by the 20 district judge. 21 9. A Mandatory Settlement Conference (“MSC”) will be held by video 22 conference1 on March 10, 2027 at 1:45 PM before Magistrate Judge Jill L. Burkhardt. 23
24 1 If any party believes the MSC is more likely to be successful if conducted in-person, 25 that party shall meet and confer on the issue with the other parties. After meeting and conferring, and no later than 60 days before the MSC, the parties shall leave a joint 26 voicemail with chambers at (619) 557-6624 indicating which of the parties requests an in- 27 person MSC. In the voicemail, the parties shall leave three mutually available dates for a telephonic status conference to discuss whether the MSC should be held in-person. The 28 1 Mandatory directions for participating in the MSC by video conference are attached 2 hereto. The purpose of the MSC is to permit an informal, candid discussion between the 3 attorneys, parties, and the settlement judge of every aspect of the lawsuit in an effort to 4 achieve a mediated resolution of the case. All MSC discussions will be off the record, 5 privileged, and confidential. See CivLR 16.3.h. 6 Pursuant to Civil Local Rule 16.3, all party representatives and claims adjusters for 7 insured defendants with full and unlimited authority2 to negotiate and enter into a binding 8 settlement, as well as the principal attorney(s) responsible for the litigation, must be present 9 and legally and factually prepared to discuss and resolve the case at the MSC. In the case 10 of an entity, an authorized representative of the entity who is not retained outside counsel 11 must be present and must have discretionary authority to commit the entity to pay an 12 amount up to the amount of the Plaintiff’s prayer (excluding punitive damages prayers). 13 The purpose of this requirement is to have representatives present who can settle the case 14 during the course of the conference without consulting a superior. 15 Counsel for a United States government entity may be excused from this 16 requirement so long as the government attorney who attends the MSC conference (1) has 17 primary responsibility for handling the case, and (2) may negotiate settlement offers which 18 the attorney is willing to recommend to the government official having ultimate settlement 19 authority. 20 21 22 23 2 “Full authority to settle” means that the individuals at the settlement conference must be authorized to fully explore settlement options and to agree at that time to any settlement 24 terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 25 648 (7th Cir. 1989).
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1 2 3 4 5 6 7 10 11 IN RE DERMTECH INC. SECURITIES Case No.: 23-cv-01885-DMS-JLB LITIGATION 12 AMENDED SCHEDULING ORDER . AND OTHER PRE-TRIAL 14 PROCEEDINGS 15 16 17 18 Before the Court is the parties’ Joint Motion to Amend Scheduling Order, requesting 19 an extension of three months. (ECF No. 78). Good cause appearing, the joint motion is 20 GRANTED, and the Scheduling Order (ECF No. 55) is AMENDED as follows: 21 1. All fact discovery shall be completed by all parties by October 9, 2026. 22 “Completed” means that all discovery under Rules 30–36 of the Federal Rules of Civil 23 Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of 24 time in advance of the cut-off date, so that it may be completed by the cut-off date, taking 25 into account the times for service, notice and response as set forth in the Federal Rules of 26 Civil Procedure. All interrogatories, requests for admission, and document production 27 requests must be served by September 30, 2026. 28 Counsel shall promptly and in good faith meet and confer with regard to all 1 discovery disputes in compliance with Civil Local Rule 26.1.a. The Court expects 2 counsel to make every effort to resolve all disputes without court intervention through the 3 meet and confer process. Discovery disputes must be brought to the Court’s attention in 4 the time and manner required by § V of Judge Burkhardt’s Civil Chambers Rules. All 5 discovery disputes must be raised within 30 calendar days of the service of an 6 objection, answer, or response that becomes the subject of dispute, or the passage of a 7 discovery due date without response or production, and only after counsel (and any 8 unrepresented parties) have met and conferred to resolve the dispute. See J. Burkhardt Civ. 9 Chambers R. § V. A failure to comply in this regard will result in a waiver of a party’s 10 discovery issue. Absent an order of the court, no stipulation continuing or altering 11 this requirement will be recognized by the court. 12 2. Plaintiff’s class certification motion must be filed by November 20, 2026. 13 Counsel for the moving party must obtain a motion hearing date from the law clerk of the 14 judge who will hear the motion. The period of time between the date you request a motion 15 date and the hearing date may vary from one district judge to another. Please plan 16 accordingly. Failure to make a timely request for a motion date may result in the motion 17 not being heard. 18 3. The parties shall designate their respective experts in writing by 19 November 24, 2026. The parties must identify any person who may be used at trial to 20 present evidence pursuant to Rules 702, 703 or 705 of the Fed. R. Evid. This requirement 21 is not limited to retained experts. The date for exchange of rebuttal experts shall be by 22 December 23, 2026. The written designations shall include the name, address and 23 telephone number of the expert and a reasonable summary of the testimony the expert is 24 expected to provide. The list shall also include the normal rates the expert charges for 25 deposition and trial testimony. 26 4. By November 24, 2026, each party shall comply with the disclosure 27 provisions in Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This 28 disclosure requirement applies to all persons retained or specially employed to provide 1 expert testimony, or whose duties as an employee of the party regularly involve the giving 2 of expert testimony. Except as provided in the paragraph below, any party that fails 3 to make these disclosures shall not, absent substantial justification, be permitted to 4 use evidence or testimony not disclosed at any hearing or at the time of trial. In 5 addition, the Court may impose sanctions as permitted by Fed. R. Civ. P. 37(c). 6 5. Any party shall supplement its disclosure regarding contradictory or rebuttal 7 evidence under Fed. R. Civ. P. 26(a)(2)(D) by December 23, 2026. 8 6. All expert discovery shall be completed by all parties by January 22, 2027. 9 The parties shall comply with the same procedures set forth in the paragraph governing 10 fact discovery. 11 7. Failure to comply with this section or any other discovery order of the court 12 may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on 13 the introduction of experts or other designated matters in evidence. 14 8. All other pretrial motions must be filed by March 31, 2027. Counsel for the 15 moving party must obtain a motion hearing date from the law clerk of the judge who will 16 hear the motion. The period of time between the date you request a motion date and the 17 hearing date may vary from one district judge to another. Please plan accordingly. Failure 18 to make a timely request for a motion date may result in the motion not being heard. 19 Motions in limine are to be filed as directed in the Local Rules, or as otherwise set by the 20 district judge. 21 9. A Mandatory Settlement Conference (“MSC”) will be held by video 22 conference1 on March 10, 2027 at 1:45 PM before Magistrate Judge Jill L. Burkhardt. 23
24 1 If any party believes the MSC is more likely to be successful if conducted in-person, 25 that party shall meet and confer on the issue with the other parties. After meeting and conferring, and no later than 60 days before the MSC, the parties shall leave a joint 26 voicemail with chambers at (619) 557-6624 indicating which of the parties requests an in- 27 person MSC. In the voicemail, the parties shall leave three mutually available dates for a telephonic status conference to discuss whether the MSC should be held in-person. The 28 1 Mandatory directions for participating in the MSC by video conference are attached 2 hereto. The purpose of the MSC is to permit an informal, candid discussion between the 3 attorneys, parties, and the settlement judge of every aspect of the lawsuit in an effort to 4 achieve a mediated resolution of the case. All MSC discussions will be off the record, 5 privileged, and confidential. See CivLR 16.3.h. 6 Pursuant to Civil Local Rule 16.3, all party representatives and claims adjusters for 7 insured defendants with full and unlimited authority2 to negotiate and enter into a binding 8 settlement, as well as the principal attorney(s) responsible for the litigation, must be present 9 and legally and factually prepared to discuss and resolve the case at the MSC. In the case 10 of an entity, an authorized representative of the entity who is not retained outside counsel 11 must be present and must have discretionary authority to commit the entity to pay an 12 amount up to the amount of the Plaintiff’s prayer (excluding punitive damages prayers). 13 The purpose of this requirement is to have representatives present who can settle the case 14 during the course of the conference without consulting a superior. 15 Counsel for a United States government entity may be excused from this 16 requirement so long as the government attorney who attends the MSC conference (1) has 17 primary responsibility for handling the case, and (2) may negotiate settlement offers which 18 the attorney is willing to recommend to the government official having ultimate settlement 19 authority. 20 21 22 23 2 “Full authority to settle” means that the individuals at the settlement conference must be authorized to fully explore settlement options and to agree at that time to any settlement 24 terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 25 648 (7th Cir. 1989). The person needs to have “unfettered discretion and authority” to change the settlement position of a party. Pitman v. Brinker Int’l., Inc., 216 F.R.D. 481, 26 485–86 (D. Ariz. 2003). The purpose of requiring a person with unlimited settlement 27 authority to attend the conference includes that the person’s view of the case may be altered during the face to face conference. Id. at 486. A limited or a sum certain of authority is 28 1 Failure to attend the MSC or obtain proper excuse will be considered grounds 2 for sanctions. 3 10. No later than 21 days before the MSC, the parties shall exchange formal 4 settlement proposals, as required by § III.A. of Judge Burkhardt’s Civil Chambers Rules. 5 No later than 14 days before the MSC, the parties shall meet and confer in person or 6 telephonically, as required by § III.B. of Judge Burkhardt’s Civil Chambers Rules. 7 11. No later than March 3, 2027, counsel (and any unrepresented parties) shall 8 lodge confidential MSC statements with Judge Burkhardt’s chambers via e-mail at 9 efile_Burkhardt@casd.uscourts.gov. The parties’ MSC statements shall comply with § 10 III.C. of Judge Burkhardt’s Civil Chambers Rules. 11 12. Counsel shall file their Memoranda of Contentions of Fact and Law and take 12 any other action required by Civil Local Rule 16.1.f.2 by May 5, 2027. 13 13. Counsel shall comply with the pre-trial disclosure requirements of Fed. R. 14 Civ. P. 26(a)(3) by May 12, 2027. Failure to comply with these disclosure requirements 15 could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37. 16 14. Counsel shall meet and take the action required by Civil Local Rule 16.1.f.4 17 by May 12, 2027. At this meeting, counsel shall discuss and attempt to enter into 18 stipulations and agreements resulting in simplification of the triable issues. Counsel shall 19 exchange copies and/or display all exhibits other than those to be used for impeachment. 20 The exhibits shall be prepared in accordance with Civil Local Rule 16.1.f.4.c. Counsel 21 shall note any objections they have to any other parties’ Pretrial Disclosures under Fed. R. 22 Civ. P. 26(a)(3). Counsel shall cooperate in the preparation of the proposed pretrial 23 conference order. 24 15. Counsel for plaintiff will be responsible for preparing the pretrial order and 25 arranging the meetings of counsel pursuant to Civil Local Rule 16.1.f. By May 19, 2027, 26 plaintiff’s counsel must provide opposing counsel with the proposed pretrial order for 27 review and approval. Opposing counsel must communicate promptly with plaintiff’s 28 attorney concerning any objections to form or content of the pretrial order, and both parties 1 attempt promptly to resolve their differences, if any, concerning the order. 2 16. The Proposed Final Pretrial Conference Order, including objections to any 3 || other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and 4 || lodged with the assigned district judge by May 26, 2027, and shall be in the form prescribed 5 and comply with Civil Local Rule 16.1.f.6. 6 17. The final Pretrial Conference is scheduled on the calendar of the Honorable 7 ||{Dana M. Sabraw on June 4, 2027 at 10:30 AM. The trial is scheduled to start o 8 || July 13, 2027 at 9:00 AM. 9 18. The parties must review the chambers’ rules for the assigned district judge 10 magistrate judge. 11 19. A post trial settlkement conference before a magistrate judge may be held 12 || within 30 days of verdict in the case. 13 20. The dates and times set forth herein will not be modified except for good cause 14 || shown. 15 21. Briefs or memoranda in support of or in opposition to any pending motion 16 ||shall not exceed 25 pages in length without leave of a district court judge. No reply 17 |}memorandum shall exceed 10 pages without leave of a district court judge. Briefs and 18 ||memoranda exceeding 10 pages in length shall have a table of contents and a table of 19 authorities cited. 20 22. Plaintiff's counsel shall serve a copy of this order on all parties that enter this 21 || case hereafter. 23 || Dated: June 3, 2026 - i U Burbthenddr n. Jill L. Burkhardt 25 ited States Magistrate Judge 26 27 28
1 Mandatory Directions for Zoom Video Conference Participation 2 1. The Court will use its official ZoomGov video conferencing account to hold 3 the MSC. IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on 4 computers through a download on the Zoom website (https://zoom.us/meetings) or on 5 mobile devices through the installation of a free app.3 Joining a Zoom conference does not 6 require creating a Zoom account, but it does require downloading the .exe file (if using a 7 computer) or the app (if using a mobile device). Participants are encouraged to create an 8 account, install Zoom and familiarize themselves with Zoom in advance of the MSC.4 9 There is a cost-free option for creating a Zoom account. 10 2. Prior to the start of the MSC, the Court will e-mail each MSC participant an 11 invitation to join a Zoom video conference. Again, if possible, participants are encouraged 12 to use laptops or desktop computers for the video conference, as mobile devices often offer 13 inferior performance. Because Zoom may quickly deplete the battery of a participant’s 14 device, each participant should ensure that her or his device is plugged in or that a charging 15 cable is readily available during the video conference. Participants shall join the video 16 conference by following the ZoomGov Meeting hyperlink in the invitation. Participants 17 who do not have Zoom already installed on their device when they click on the 18 ZoomGov Meeting hyperlink will be prompted to download and install Zoom before 19 proceeding. Zoom may then prompt participants to enter the password included in the 20 invitation. All participants will be placed in a waiting room until the MSC begins. 21 3. Each participant should plan to join the Zoom video conference at least 22 5 minutes before the start of the MSC to ensure that the MSC begins on time. 23 4. Zoom’s functionalities will allow the Court to conduct the MSC as it 24 ordinarily would conduct an in-person MSC. That is, the Court will begin the MSC with 25
26 3 If possible, participants are encouraged to use laptops or desktop computers for the 27 video conference, as mobile devices often offer inferior performance. 4 For help getting started with Zoom, visit: https://support.zoom.us/hc/en- 28 1 all participants joined together in a main session. After an initial discussion in the main 2 session, the Court will divide participants into separate, confidential sessions, which Zoom 3 calls Breakout Rooms.5 In a Breakout Room, the Court will be able to communicate with 4 participants from a single party in confidence. Breakout Rooms will also allow parties and 5 counsel to communicate confidentially without the Court. 6 5. As previously stated, MSCs are confidential court proceedings. All attendees 7 must participate from a private and stable location where no individual who is not a party, 8 a party representative, or an attorney for a party can overhear the proceedings. All 9 attendees must be prepared to devote their full attention to the MSC as if they were 10 attending in person. This means that attendees must clear their schedules of all conflicts 11 for the entire period of the MSC.6 Attendees may not participate from a moving car or a 12 public space. 13 6. All participants are expected to display the same level of professionalism and 14 civility as they would at an in-person court proceeding. See CivLR 2.1; J. Burkhardt’s Civ. 15 Chambers R. § I. 16 /// 17 18
19 20 21 22 23 24 25 26 27 5 For more information on what to expect when participating in a Zoom Breakout Room, visit: https://support.zoom.us/hc/en-us/articles/115005769646. 28