1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT LEVY, No. 2:25-cv-1768 AC 12 Plaintiff, 13 v. SCHEDULING ORDER 14 NISSAN NORTH AMERICA, INC., a Delaware Corporation 15 Defendant. 16
17 18 This case is before the undersigned pursuant to the parties’ consent. ECF No. 15. 19 Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the court has reviewed the parties’ 20 joint status report (ECF No. 11) and has determined that the court need not “consult[] with the 21 parties’ attorneys and any unrepresented parties at a scheduling conference,” before issuing a 22 scheduling order in this case. Fed. R. Civ. P. 16(b)(1)(B). Accordingly, the court deems an 23 initial scheduling conference unnecessary and hereby issues this scheduling order. 24 SERVICE OF PROCESS 25 The named defendant has been served as required by Federal Rule of Civil Procedure 5. 26 No further service is permitted without leave of court, good cause having been shown under 27 Federal Rule of Civil Procedure 16(b). 28 //// 1 JOINDER OF ADDITIONAL PARTIES / AMENDMENT OF PLEADINGS 2 The parties do not anticipate the joinder of additional parties or amendment of the 3 pleadings, but plaintiff asks to reserve the right to do so as the case proceeds. No further joinder 4 of parties or amendments to pleadings is permitted without leave of court, good cause having 5 been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 27 604 6 (9th Cir. 1992). The parties are advised that the filing of motions and/or stipulations requesting 7 leave to amend the pleadings does not imply good cause to modify the existing schedule. Fed. R. 8 Civ. P. 16(b)(4); see also Johnson, 975 F. 2d at 609. Moreover, any amendment requested under 9 Federal Rule of Civil Procedure 15(a) must not be: (1) prejudicial to the opposing party; (2) the 10 product of undue delay; (3) proposed in bad faith; or (4) futile. See Foman v. Davis, 371 U.S. 11 178, 182 (1962). 12 JURISDICTION/VENUE 13 Jurisdiction is predicated upon 28 U.S.C. § 1332 and undisputed. Venue is also 14 undisputed and found to be proper. 15 DISCOVERY 16 The parties have agreed to exchange initial disclosures by November 17, 2025. Pursuant 17 to the parties’ stipulation, all discovery shall be completed by May 29, 2026. The word 18 “completed” means that all discovery shall have been conducted so that all depositions have been 19 taken and any disputes relative to discovery shall have been resolved by appropriate order if 20 necessary and, where discovery has been ordered, the order has been complied with. Motions to 21 compel discovery must be noticed on the undersigned’s calendar in accordance with the Local 22 Rules and must be heard not later than May 8, 2026. 23 The parties are reminded to review the “Standing Orders” posted on Judge Claire’s 24 webpage (http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- 25 magistrate-judge-allison-claire-ac/). The undersigned encourages early resolution of discovery 26 disputes outside the formal Local Rule 251 procedures, when appropriate. Upon order of the 27 court, or by agreement of the parties, Judge Claire will resolve minor or discrete discovery 28 disputes by conducting an informal telephonic conference. Additional information is available on 1 the court’s website linked above. 2 EXPERT DISCLOSURE 3 The parties are to designate in writing, and serve upon all other parties, the names of all 4 experts they propose to tender at trial in accordance with the following schedule: initial expert 5 disclosures on or before June 19, 2026; rebuttal expert disclosures on or before July 17, 2026. 6 Expert discovery closes on August 12, 2026. 7 An expert witness not appearing on said lists will not be permitted to testify unless the 8 party offering the witness demonstrates: (a) that the necessity of the witness could not have been 9 reasonably anticipated at the time the lists were exchanged; (b) the court and opposing counsel 10 were promptly notified upon discovery of the witness; and (c) that the witness was promptly 11 proffered for deposition. Failure to provide the information required along with the expert 12 designation may lead to preclusion of the expert’s testimony or other appropriate sanctions. 13 For the purposes of this scheduling order, experts are defined as “percipient” and 14 “Rule 26” experts. Both types of experts shall be listed. Percipient experts are persons who, 15 because of their expertise, have rendered expert opinions in the normal course of their work 16 duties or observations pertinent to the issues in the case. Another term for their opinions are 17 “historical opinions.” Percipient experts are experts who, unless also designated as Rule 26 18 experts, are limited to testifying to their historical opinions and the reasons for them. That is, 19 they may be asked to testify about their opinions given in the past and the whys and wherefores 20 concerning the development of those opinions. However, they may not be asked to render a 21 current opinion for the purposes of the litigation. 22 Rule 26 experts, who may be percipient experts as well, shall be specifically designated 23 by a party to be a testifying expert for the purposes of the litigation. The Rule 26 expert may 24 express opinions formed for the purposes of the litigation. A party designating a Rule 26 expert 25 will be assumed to have acquired the express permission of the witness to be so listed. 26 The parties shall comply with the information disclosure provisions of Federal Rule of 27 Civil Procedure 26(a)(2) for any expert, who is in whole or in part designated as a Rule 26 expert. 28 This information is due at the time of designation. Failure to supply the required information may 1 result in the Rule 26 expert being stricken. All Rule 26 experts are to be fully prepared to render 2 an informed opinion at the time of designation so that they may fully participate in any deposition 3 taken by the opposing party. Rule 26 experts will not be permitted to testify at trial as to any 4 information gathered or evaluated, or opinion formed, which should have been reasonably 5 available at the time of designation. The court will closely scrutinize for discovery abuse 6 deposition opinions which differ markedly in nature and/or in bases from those expressed in the 7 mandatory information disclosure. 8 JOINT MID-LITIGATION STATEMENTS 9 Not later than fourteen (14) days prior to the close of discovery, the parties shall file with 10 the court a brief joint statement summarizing all law and motion practice heard by the court as of 11 the date of the filing of the statement, whether the court has disposed of the motion at the time the 12 statement is filed and served, and the likelihood that any further motions will be noticed prior to 13 the close of law and motion. The filing of this statement shall not relieve the parties or counsel of 14 their obligation to timely notice all appropriate motions as set forth herein. 15 MOTION HEARING SCHEDULES 16 All law and motion, except as to discovery, shall be completed by August 21, 2026.
Free access — add to your briefcase to read the full text and ask questions with AI
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT LEVY, No. 2:25-cv-1768 AC 12 Plaintiff, 13 v. SCHEDULING ORDER 14 NISSAN NORTH AMERICA, INC., a Delaware Corporation 15 Defendant. 16
17 18 This case is before the undersigned pursuant to the parties’ consent. ECF No. 15. 19 Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the court has reviewed the parties’ 20 joint status report (ECF No. 11) and has determined that the court need not “consult[] with the 21 parties’ attorneys and any unrepresented parties at a scheduling conference,” before issuing a 22 scheduling order in this case. Fed. R. Civ. P. 16(b)(1)(B). Accordingly, the court deems an 23 initial scheduling conference unnecessary and hereby issues this scheduling order. 24 SERVICE OF PROCESS 25 The named defendant has been served as required by Federal Rule of Civil Procedure 5. 26 No further service is permitted without leave of court, good cause having been shown under 27 Federal Rule of Civil Procedure 16(b). 28 //// 1 JOINDER OF ADDITIONAL PARTIES / AMENDMENT OF PLEADINGS 2 The parties do not anticipate the joinder of additional parties or amendment of the 3 pleadings, but plaintiff asks to reserve the right to do so as the case proceeds. No further joinder 4 of parties or amendments to pleadings is permitted without leave of court, good cause having 5 been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 27 604 6 (9th Cir. 1992). The parties are advised that the filing of motions and/or stipulations requesting 7 leave to amend the pleadings does not imply good cause to modify the existing schedule. Fed. R. 8 Civ. P. 16(b)(4); see also Johnson, 975 F. 2d at 609. Moreover, any amendment requested under 9 Federal Rule of Civil Procedure 15(a) must not be: (1) prejudicial to the opposing party; (2) the 10 product of undue delay; (3) proposed in bad faith; or (4) futile. See Foman v. Davis, 371 U.S. 11 178, 182 (1962). 12 JURISDICTION/VENUE 13 Jurisdiction is predicated upon 28 U.S.C. § 1332 and undisputed. Venue is also 14 undisputed and found to be proper. 15 DISCOVERY 16 The parties have agreed to exchange initial disclosures by November 17, 2025. Pursuant 17 to the parties’ stipulation, all discovery shall be completed by May 29, 2026. The word 18 “completed” means that all discovery shall have been conducted so that all depositions have been 19 taken and any disputes relative to discovery shall have been resolved by appropriate order if 20 necessary and, where discovery has been ordered, the order has been complied with. Motions to 21 compel discovery must be noticed on the undersigned’s calendar in accordance with the Local 22 Rules and must be heard not later than May 8, 2026. 23 The parties are reminded to review the “Standing Orders” posted on Judge Claire’s 24 webpage (http://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- 25 magistrate-judge-allison-claire-ac/). The undersigned encourages early resolution of discovery 26 disputes outside the formal Local Rule 251 procedures, when appropriate. Upon order of the 27 court, or by agreement of the parties, Judge Claire will resolve minor or discrete discovery 28 disputes by conducting an informal telephonic conference. Additional information is available on 1 the court’s website linked above. 2 EXPERT DISCLOSURE 3 The parties are to designate in writing, and serve upon all other parties, the names of all 4 experts they propose to tender at trial in accordance with the following schedule: initial expert 5 disclosures on or before June 19, 2026; rebuttal expert disclosures on or before July 17, 2026. 6 Expert discovery closes on August 12, 2026. 7 An expert witness not appearing on said lists will not be permitted to testify unless the 8 party offering the witness demonstrates: (a) that the necessity of the witness could not have been 9 reasonably anticipated at the time the lists were exchanged; (b) the court and opposing counsel 10 were promptly notified upon discovery of the witness; and (c) that the witness was promptly 11 proffered for deposition. Failure to provide the information required along with the expert 12 designation may lead to preclusion of the expert’s testimony or other appropriate sanctions. 13 For the purposes of this scheduling order, experts are defined as “percipient” and 14 “Rule 26” experts. Both types of experts shall be listed. Percipient experts are persons who, 15 because of their expertise, have rendered expert opinions in the normal course of their work 16 duties or observations pertinent to the issues in the case. Another term for their opinions are 17 “historical opinions.” Percipient experts are experts who, unless also designated as Rule 26 18 experts, are limited to testifying to their historical opinions and the reasons for them. That is, 19 they may be asked to testify about their opinions given in the past and the whys and wherefores 20 concerning the development of those opinions. However, they may not be asked to render a 21 current opinion for the purposes of the litigation. 22 Rule 26 experts, who may be percipient experts as well, shall be specifically designated 23 by a party to be a testifying expert for the purposes of the litigation. The Rule 26 expert may 24 express opinions formed for the purposes of the litigation. A party designating a Rule 26 expert 25 will be assumed to have acquired the express permission of the witness to be so listed. 26 The parties shall comply with the information disclosure provisions of Federal Rule of 27 Civil Procedure 26(a)(2) for any expert, who is in whole or in part designated as a Rule 26 expert. 28 This information is due at the time of designation. Failure to supply the required information may 1 result in the Rule 26 expert being stricken. All Rule 26 experts are to be fully prepared to render 2 an informed opinion at the time of designation so that they may fully participate in any deposition 3 taken by the opposing party. Rule 26 experts will not be permitted to testify at trial as to any 4 information gathered or evaluated, or opinion formed, which should have been reasonably 5 available at the time of designation. The court will closely scrutinize for discovery abuse 6 deposition opinions which differ markedly in nature and/or in bases from those expressed in the 7 mandatory information disclosure. 8 JOINT MID-LITIGATION STATEMENTS 9 Not later than fourteen (14) days prior to the close of discovery, the parties shall file with 10 the court a brief joint statement summarizing all law and motion practice heard by the court as of 11 the date of the filing of the statement, whether the court has disposed of the motion at the time the 12 statement is filed and served, and the likelihood that any further motions will be noticed prior to 13 the close of law and motion. The filing of this statement shall not relieve the parties or counsel of 14 their obligation to timely notice all appropriate motions as set forth herein. 15 MOTION HEARING SCHEDULES 16 All law and motion, except as to discovery, shall be completed by August 21, 2026. The 17 word “completed” in this context means that all law and motion matters must be heard by the 18 above date. Counsel and pro se parties (collectively, “counsel”), are cautioned to refer to the 19 Local Rules regarding the requirements for noticing such motions on the court’s regularly 20 scheduled law and motion calendar. Available hearing dates may be obtained by calling Jonathan 21 Anderson, the Courtroom Deputy, at (916) 930-4199. 22 Local Rule 230 governs the calendaring and procedures of civil motions with the 23 following additions: 24 (a) The opposition and reply must be filed by 4:30 p.m. on the day due; and 25 (b) When the last day for filing an opposition or reply brief falls on a legal holiday, the 26 opposition or reply brief shall be filed on the last court day immediately preceding the legal 27 holiday. Failure to comply with Local Rule 230(c), as modified by this order, may be deemed 28 consent to the motion and the court may dispose of the motion summarily. Brydges v. Lewis, 18 1 F.3d 651, 652-53 (9th Cir. 1994) (per curiam). 2 All purely legal issues are to be resolved by timely pretrial motion. The parties should 3 keep in mind that the purpose of law and motion is to narrow and refine the legal issues raised by 4 the case, and to dispose of by pretrial motion those issues that are susceptible to resolution 5 without trial. To accomplish that purpose, the parties need to identify and fully research the 6 issues presented by the case, and then examine those issues in light of the evidence gleaned 7 through discovery. If it appears to counsel after examining the legal issues and facts that an issue 8 can be resolved by pretrial motion, counsel are to file the appropriate motion by the law and 9 motion cutoff set forth above. The parties are cautioned that failure to raise a dispositive legal 10 issue that could have been tendered to the court by proper pretrial motion prior to the dispositive 11 motion cut-off date may constitute waiver of such issue. 12 Counsel are reminded that motions in limine are procedural devices designed to address 13 the admissibility of evidence. Counsel are cautioned that the court will look with disfavor upon 14 substantive motions presented in the guise of motions in limine at the time of trial. 15 FINAL PRETRIAL CONFERENCE 16 The final pretrial conference is set before the undersigned on October 28, 2026 at 10:00 17 a.m., in Courtroom No. 26. In each instance an attorney who will try the case for a given party 18 shall attend the final pretrial conference on behalf of that party; provided, however, that if by 19 reason of illness or other unavoidable circumstance the trial attorney is unable to attend, the 20 attorney who attends in place of the trial attorney shall have equal familiarity with the case and 21 equal authorization to make commitments on behalf of the client. All pro se parties must attend 22 the pre-trial conference. 23 Counsel for all parties and all pro se parties are to be fully prepared for trial at the time of 24 the Final Pretrial Conference, with no matters remaining to be accomplished except production of 25 witnesses for oral testimony. The parties shall file a joint pretrial conference statement not later 26 than October 21, 2026, at 4:30 p.m. 27 At the time of filing the Joint Pretrial Statement, counsel are requested to e-mail the 28 Joint Pretrial Statement and any attachments in Word format to Judge Claire’s 1 assistant, Donna Dal Porto at: DDalPorto@caed.uscourts.gov. 2 Where the parties are unable to agree as to what legal or factual issues are properly before 3 the court for trial, they should nevertheless list all issues asserted by any of the parties and 4 indicate by appropriate footnotes the disputes concerning such issues. The provisions of Local 5 Rule 281 shall, however, apply with respect to the matters to be included in the joint pre-trial 6 statement. Failure to comply with Local Rule 281, as modified herein, may be grounds for 7 sanctions. 8 The parties are reminded that pursuant to Local Rule 281(b)(10) and (11) they are 9 required to list in the final pre-trial statement all witnesses and exhibits they propose to offer at 10 trial, no matter for what purpose. These lists shall not be contained in the body of the final pre- 11 trial statement itself, but shall be attached as separate documents so that the court may attach 12 them as an addendum to the final pre-trial order. The final pre-trial order will contain a stringent 13 standard for the offering at trial of witnesses and exhibits not listed in the final pre-trial order, and 14 the parties are cautioned that the standard will be strictly applied. On the other hand, the listing 15 of exhibits or witnesses that a party does not intend to offer will be viewed as an abuse of the 16 court's processes. 17 The parties are also reminded that pursuant to Rule 16, Fed. R. Civ. P., it will be their duty 18 at the final pre-trial conference to aid the court in: (a) formulation and simplification of issues and 19 the elimination of frivolous claims or defenses; (b) settling of facts which should properly be 20 admitted; and (c) the avoidance of unnecessary proof and cumulative evidence. Counsel must 21 cooperatively prepare the joint pre-trial statement and participate in good faith at the final pre- 22 trial conference with these aims in mind. A failure to do so may result in the imposition of 23 sanctions which may include monetary sanctions, orders precluding proof, elimination of claims 24 or defenses, or such other sanctions as the court deems appropriate. 25 TRIAL SETTING 26 A jury trial is set to commence before the undersigned on November 30, 2026, at 9:00 27 a.m., in Courtroom No. 26 28 The parties anticipate that the trial will take up to 5 days. 1 | SUMMARY OF ORDER 2 THE COURT SUMMARIZES THE SCHEDULING ORDER AS FOLLOWS: 3 1. All discovery shall be completed by May 29, 2026. Motions to compel must be 4 | heard not later than May 8, 2026. 5 2. Initial expert disclosures shall be made on or before June 19, 2026; rebuttal expert 6 || disclosures on or before July 17, 2026. Expert discovery closes on August 12, 2026. 7 3. All law and motion, except as to discovery, shall be completed as described herein 8 | onor before August 21, 2026. 9 4. The final pretrial conference is set before the undersigned on October 28, 2026 at 10 | 10:00 a.m., in Courtroom No. 26, 8th Floor. Pretrial statements shall be filed in accordance with 11 | Local Rules 281 and 282, and the requirements set forth herein. 12 5. A jury trial is set to commence before the undersigned on November 30, 2026, at 13 | 9:00 a.m., in Courtroom No. 26, 8th Floor. 14 6. Failure to comply with the terms of this order may result in the imposition of 15 || monetary and all other sanctions within the power of the court, including dismissal or an order of 16 || judgment. 17 IT IS SO ORDERED. 18 | DATED: October 20, 2025 - 19 Attu —Clone_ ALLISON CLAIRE 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28