1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TIFFANY IRELAND et al., Case No.: 21-CV-902-JLS(WVG)
12 Plaintiffs, AMENDED SCHEDULING ORDER 13 v. REGULATING DISCOVERY AND OTHER PRE-TRIAL 14 SOLARIS ENTERPRISE, LLC et al., PROCEEDINGS 15 Defendants. [Doc. No. 22.] 16
17 For good cause shown, the deadline by which fact discovery shall be completed is 18 extended as set forth below. Additionally, the motions filing deadline and Mandatory 19 Settlement Conference are necessarily reset as set forth below. Accordingly, IT IS 20 HEREBY ORDERED: 21 1. All discovery pertaining to facts shall be completed on or before March 31, 22 2022. All discovery pertaining to expert witnesses shall be completed on or before 23 February 4, 2022. 24 “Completed” means that all discovery under Rules 30-36 of the Federal Rules of 25 Civil Procedure must be initiated a sufficient period of time in advance of the cut-off date, 26 so that it may be completed by the cut-off date, taking into account the times for services, 27 notice, and response as set forth in the Federal Rules of Civil Procedure, and any motions 28 1 and the resolution of any discovery disputes. All disputes concerning discovery shall be 2 brought to the attention of the Magistrate Judge no later than thirty (30) days following the 3 date upon which the event giving rise to the discovery dispute occurred. Counsel shall meet 4 and confer pursuant to the requirements of Fed. R. Civ. P. 26 and Local Rule 26.1(a). The 5 Court will hear the disputes only after counsel have met and conferred and have reached 6 impasse regarding the particular issue. A failure to comply in these regards will result 7 in a waiver of a party’s discovery issue. Absent an order of the Court, no stipulation 8 continuing or altering this requirement will be recognized by the Court. 9 2. All other pretrial motions must be filed by March 18, 2022. Counsel for the 10 moving party must obtain a motion hearing date from the law clerk of the judge who will 11 hear the motion. The period of time between the date you request a motion date and the 12 hearing date may vary from one district judge to another. Please plan accordingly. Failure 13 to make a timely request for a motion date may result in the motion not being heard. 14 Motions in limine are to be filed as directed in the Local Rules, or as otherwise set by the 15 district judge. 16 3. A Mandatory Settlement Conference shall be conducted on April 1, 2022, at 17 9:00 a.m. before Magistrate Judge William V. Gallo via Zoom as set forth in Appendix A. 18 Counsel shall submit settlement statements directly to chambers no later than March 24, 19 2022. Each party’s settlement statement shall set forth the party’s statement of the case, 20 identify controlling legal issues, concisely set out issues of liability and damages, and shall 21 set forth the party’s settlement position, including the last offer or demand made by that 22 party, and a separate statement of the offer or demand the party is prepared to make at the 23 settlement conference. Settlement conference briefs shall not be filed with the Clerk of 24 the Court but may be served on opposing counsel at the party’s discretion. Settlement 25 conference briefs shall comply with the undersigned’s Chambers Rules. The parties 26 shall meet and confer in good faith prior to the Mandatory Settlement Conference and 27 verify that they have done so in their respective Mandatory Settlement Conference 28 statements, outlining the substance of their discussions and negotiations. 1 Pursuant to Federal Rule of Civil Procedure 16 and Local Civil Rule 16.3, all named 2 Plaintiffs, named Defendants, claims adjusters for insured defendants, and if a named 3 Plaintiff or Defendant is a corporation, partnership, or other entity, a representative of that 4 entity, with full and unlimited authority1 to negotiate and enter into a binding settlement, 5 as well as the principal attorney(s) responsible for the litigation, must be present and must 6 be prepared to discuss in good faith, the facts of the case, the law that governs the legal 7 issues in the case, and to resolve the case at the Settlement Conference. Sanctions may 8 issue against a party and/or attorney who does not proceed as noted above. Retained outside 9 corporate counsel shall not appear on behalf of a corporation as the party who has the 10 authority to negotiate and enter into a settlement. For good cause, and on ex parte 11 application at least one week before the scheduled settlement conference, Magistrate Judge 12 Gallo may excuse a party or representative from personal attendance provided such party 13 or parties will be available by telephone during the conference. Failure to attend the 14 conference or participate in good faith or obtain proper excuse will be considered grounds 15 for sanctions. Counsel seeking to reschedule a Settlement Conference must first confer 16 with opposing counsel. The Court will consider formal, written ex parte requests to 17 continue a Settlement Conference when extraordinary circumstances exist that make a 18 continuance appropriate. In and of itself, having to travel a long distance to appear at the 19 Settlement Conference is not an extraordinary circumstance. 20 21 22 23 1 “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 not 28 1 4. Counsel shall file their Memoranda of Contentions of Fact and Law and take 2 any other action required by Local Rule 16.1(f)(2) by June 9, 2022. 3 5. Counsel shall comply with the pre-trial disclosure requirements of Fed. R. 4 Civ. P. 26(a)(3) by June 9, 2022. Failure to comply with these disclosure requirements 5 could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37. 6 6. Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by 7 June 16, 2022. At this meeting, counsel shall discuss and attempt to enter into stipulations 8 and agreements resulting in simplification of the triable issues. Counsel shall exchange 9 copies and/or display all exhibits other than those to be used for impeachment. The exhibits 10 shall be prepared in accordance with Local Rule 16.1(f)(4)(c). Counsel shall note any 11 objections they have to any other parties’ Pretrial Disclosures under Fed. R. Civ. P. 12 26(a)(3). Counsel shall cooperate in the preparation of the proposed pretrial conference 13 order. 14 7. Counsel for plaintiff will be responsible for preparing the pretrial order and 15 arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By June 23, 2022, 16 plaintiff’s counsel must provide opposing counsel with the proposed pretrial order for 17 review and approval.
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 TIFFANY IRELAND et al., Case No.: 21-CV-902-JLS(WVG)
12 Plaintiffs, AMENDED SCHEDULING ORDER 13 v. REGULATING DISCOVERY AND OTHER PRE-TRIAL 14 SOLARIS ENTERPRISE, LLC et al., PROCEEDINGS 15 Defendants. [Doc. No. 22.] 16
17 For good cause shown, the deadline by which fact discovery shall be completed is 18 extended as set forth below. Additionally, the motions filing deadline and Mandatory 19 Settlement Conference are necessarily reset as set forth below. Accordingly, IT IS 20 HEREBY ORDERED: 21 1. All discovery pertaining to facts shall be completed on or before March 31, 22 2022. All discovery pertaining to expert witnesses shall be completed on or before 23 February 4, 2022. 24 “Completed” means that all discovery under Rules 30-36 of the Federal Rules of 25 Civil Procedure must be initiated a sufficient period of time in advance of the cut-off date, 26 so that it may be completed by the cut-off date, taking into account the times for services, 27 notice, and response as set forth in the Federal Rules of Civil Procedure, and any motions 28 1 and the resolution of any discovery disputes. All disputes concerning discovery shall be 2 brought to the attention of the Magistrate Judge no later than thirty (30) days following the 3 date upon which the event giving rise to the discovery dispute occurred. Counsel shall meet 4 and confer pursuant to the requirements of Fed. R. Civ. P. 26 and Local Rule 26.1(a). The 5 Court will hear the disputes only after counsel have met and conferred and have reached 6 impasse regarding the particular issue. A failure to comply in these regards will result 7 in a waiver of a party’s discovery issue. Absent an order of the Court, no stipulation 8 continuing or altering this requirement will be recognized by the Court. 9 2. All other pretrial motions must be filed by March 18, 2022. Counsel for the 10 moving party must obtain a motion hearing date from the law clerk of the judge who will 11 hear the motion. The period of time between the date you request a motion date and the 12 hearing date may vary from one district judge to another. Please plan accordingly. Failure 13 to make a timely request for a motion date may result in the motion not being heard. 14 Motions in limine are to be filed as directed in the Local Rules, or as otherwise set by the 15 district judge. 16 3. A Mandatory Settlement Conference shall be conducted on April 1, 2022, at 17 9:00 a.m. before Magistrate Judge William V. Gallo via Zoom as set forth in Appendix A. 18 Counsel shall submit settlement statements directly to chambers no later than March 24, 19 2022. Each party’s settlement statement shall set forth the party’s statement of the case, 20 identify controlling legal issues, concisely set out issues of liability and damages, and shall 21 set forth the party’s settlement position, including the last offer or demand made by that 22 party, and a separate statement of the offer or demand the party is prepared to make at the 23 settlement conference. Settlement conference briefs shall not be filed with the Clerk of 24 the Court but may be served on opposing counsel at the party’s discretion. Settlement 25 conference briefs shall comply with the undersigned’s Chambers Rules. The parties 26 shall meet and confer in good faith prior to the Mandatory Settlement Conference and 27 verify that they have done so in their respective Mandatory Settlement Conference 28 statements, outlining the substance of their discussions and negotiations. 1 Pursuant to Federal Rule of Civil Procedure 16 and Local Civil Rule 16.3, all named 2 Plaintiffs, named Defendants, claims adjusters for insured defendants, and if a named 3 Plaintiff or Defendant is a corporation, partnership, or other entity, a representative of that 4 entity, with full and unlimited authority1 to negotiate and enter into a binding settlement, 5 as well as the principal attorney(s) responsible for the litigation, must be present and must 6 be prepared to discuss in good faith, the facts of the case, the law that governs the legal 7 issues in the case, and to resolve the case at the Settlement Conference. Sanctions may 8 issue against a party and/or attorney who does not proceed as noted above. Retained outside 9 corporate counsel shall not appear on behalf of a corporation as the party who has the 10 authority to negotiate and enter into a settlement. For good cause, and on ex parte 11 application at least one week before the scheduled settlement conference, Magistrate Judge 12 Gallo may excuse a party or representative from personal attendance provided such party 13 or parties will be available by telephone during the conference. Failure to attend the 14 conference or participate in good faith or obtain proper excuse will be considered grounds 15 for sanctions. Counsel seeking to reschedule a Settlement Conference must first confer 16 with opposing counsel. The Court will consider formal, written ex parte requests to 17 continue a Settlement Conference when extraordinary circumstances exist that make a 18 continuance appropriate. In and of itself, having to travel a long distance to appear at the 19 Settlement Conference is not an extraordinary circumstance. 20 21 22 23 1 “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 not 28 1 4. Counsel shall file their Memoranda of Contentions of Fact and Law and take 2 any other action required by Local Rule 16.1(f)(2) by June 9, 2022. 3 5. Counsel shall comply with the pre-trial disclosure requirements of Fed. R. 4 Civ. P. 26(a)(3) by June 9, 2022. Failure to comply with these disclosure requirements 5 could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37. 6 6. Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by 7 June 16, 2022. At this meeting, counsel shall discuss and attempt to enter into stipulations 8 and agreements resulting in simplification of the triable issues. Counsel shall exchange 9 copies and/or display all exhibits other than those to be used for impeachment. The exhibits 10 shall be prepared in accordance with Local Rule 16.1(f)(4)(c). Counsel shall note any 11 objections they have to any other parties’ Pretrial Disclosures under Fed. R. Civ. P. 12 26(a)(3). Counsel shall cooperate in the preparation of the proposed pretrial conference 13 order. 14 7. Counsel for plaintiff will be responsible for preparing the pretrial order and 15 arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By June 23, 2022, 16 plaintiff’s counsel must provide opposing counsel with the proposed pretrial order for 17 review and approval. Opposing counsel must communicate promptly with plaintiff’s 18 attorney concerning any objections to form or content of the pretrial order, and both parties 19 shall attempt promptly to resolve their differences, if any, concerning the order. 20 8. The Proposed Final Pretrial Conference Order, including objections to any 21 other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and 22 lodged with the assigned district judge by June 30, 2022, and shall be in the form 23 prescribed in and comply with Local Rule 16.1(f)(6). 24 9. The final Pretrial Conference is scheduled on the calendar of the Honorable 25 Janis L. Sammartino on July 7, 2022 at 1:30 p.m. 26 10. The parties must review the chambers’ rules for the assigned magistrate judge. 27 11. A post trial settlement conference before a magistrate judge may be held 28 within 30 days of verdict in the case. 1 12. The dates and times set forth herein will not be modified except for good cause 2 || shown. 3 13. Briefs or memoranda in support of or in opposition to any pending motion 4 ||shall not exceed twenty-five (25) pages in length without leave of a district court judge. 5 || No reply memorandum shall exceed ten (10) pages without leave of a district court judge. 6 || Briefs and memoranda exceeding ten (10) pages in length shall have a table of contents 7 a table of authorities cited. 8 14. Plaintiff’s counsel shall serve a copy of this order on all parties that enter 9 || this case hereafter. 10 IT IS SO ORDERED. 11 ||} DATED: January 5, 2022 2 UA) Ss— 13 Hon. William V. Gallo United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Appendix A 28 1 1. The Court will use its official Zoom video conferencing account to hold the 2 MSC. The Zoom software is available for download on the Zoom website 3 (https://zoom.us/meetings) or on mobile devices through the installation of a free app.2 4 Joining a Zoom conference does not require creating a Zoom account, but it does require 5 downloading the .exe file (if using a computer) or the app (if using a mobile device). 6 Participants are encouraged to create an account, install Zoom and familiarize themselves 7 with Zoom in advance of the MSC.3 There is a cost-free option for creating a Zoom 8 account. 9 2. Prior to the start of the MSC, the Court will e-mail each participant an 10 invitation to join the Zoom video conference. Again, if possible, participants are 11 encouraged to use laptops or desktop computers with a camera for the video conference, 12 as mobile devices often offer inferior performance. Participants shall join the video 13 conference by following the ZoomGov Meeting hyperlink in the invitation. Participants 14 who do not have Zoom already installed on their device when they click on the 15 ZoomGov Meeting hyperlink will be prompted to download and install Zoom before 16 proceeding. Zoom may then prompt participants to enter the password included in the 17 invitation. All participants will be placed in a waiting room until the MSC begins. 18 3. Each participant should plan to join the Zoom video conference at least five 19 minutes before the start of the MSC to ensure that the MSC begins promptly at 9:00 a.m. 20 The Zoom e-mail invitation may indicate an earlier start time, but the MSC will begin 21 at the Court-scheduled time. 22 4. Zoom’s functionalities will allow the Court to conduct the MSC as it 23 ordinarily would conduct an in-person MSC. That is, the Court will begin the MSC with 24
25 2 If possible, participants are encouraged to use laptops or desktop computers for the 26 video conference, as mobile devices often offer inferior performance. 27 3 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.”4 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. No later than March 24, 2022, counsel for each party shall send an e-mail to 7 the Court at efile_Gallo@casd.uscourts.gov containing the following: 8 a. The name and title of each participant, including all parties and party 9 representatives with full settlement authority, claims adjusters for insured 10 defendants, and the primary attorney(s) responsible for the litigation; 11 b. An e-mail address for each participant. This email address should be 12 the same address the participant has used to create his or her Zoom account; and 13 c. A telephone number where each participant may be reached so that 14 if technical difficulties arise, the Court will be in a position to proceed telephonically 15 instead of by video conference. (If counsel prefers to have all participants of their 16 party on a single conference call, counsel may provide a conference number and 17 appropriate call-in information, including an access code, where all counsel and 18 parties or party representatives for that side may be reached as an alternative to 19 providing individual telephone numbers for each participant.) 20 6. All participants shall display the same level of professionalism during the MSC 21 22 23 4 For more information on what to expect when participating in a Zoom Breakout Room, visit: https://support.zoom.us/hc/en-us/articles/115005769646. In short, the Court 24 will manually place each participant in their respective Breakout Room. When the Court 25 does this, on the participants device, the participant will see a notification regarding joining the Breakout Room. The participant should select the option to join the room. If the Court 26 then wishes to close the Breakout Rooms and converse with all parties and counsel, the 27 participant should choose the option that will appear on his or her device to leave the Breakout Room—this will send the participant to the group room; it will not expel the 28 1 and be prepared to devote their full attention to the MSC as if they were attending in 2 person. Because Zoom may quickly deplete the battery of a participant’s device, each 3 participant should ensure that their device is plugged in or that a charging cable is readily 4 available during the video conference. Participants should also participate in the 5 conference in a location that allows for privacy and which does not contain background 6 noise such as dogs barking, children, or other noise that will disrupt the conference. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28