1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 SHARP MEMORIAL HOSPITAL, et al., Case No.: 24-cv-00511-WQH-JLB
14 Plaintiffs, ORDER GRANTING IN PART JOINT 15 v. MOTION TO AMEND SCHEDULING ORDER 16 MEDI-EXCEL, S.A. DE C.V.,
17 Defendant. [ECF No. 37] 18 19 20 Before the Court is a Joint Motion to Amend Scheduling Order. (ECF No. 37.) The 21 Court held a Status Conference to discuss the Joint Motion on April 18, 2025. (ECF No. 22 39.) For the reasons discussed during the Status Conference, the Joint Motion is 23 GRANTED IN PART, and the Scheduling Order (ECF Nos. 17, 31) is modified as 24 follows: 25 1. The fact discovery deadline is continued to May 29, 2025 for the limited 26 purposes of (1) concluding the depositions that have already been noticed by the parties, 27 and (2) allowing Plaintiff to take up to three additional depositions related to a contention 28 interrogatory response, as discussed during the April 18, 2025 Status Conference. 1 Counsel shall promptly and in good faith meet and confer with regard to all 2 discovery disputes in compliance with Civil Local Rule 26.1.a. The Court expects 3 counsel to make every effort to resolve all disputes without court intervention through the 4 meet and confer process. Discovery disputes must be brought to the Court’s attention in 5 the time and manner required by § V of Judge Burkhardt’s Civil Chambers Rules. All 6 discovery disputes must be raised within 30 calendar days of the service of an 7 objection, answer, or response that becomes the subject of dispute, or the passage of a 8 discovery due date without response or production, and only after counsel (and any 9 unrepresented parties) have met and conferred to resolve the dispute. See J. Burkhardt Civ. 10 Chambers R. § V. A failure to comply in this regard will result in a waiver of a party’s 11 discovery issue. Absent an order of the court, no stipulation continuing or altering 12 this requirement will be recognized by the court. 13 2. The parties shall designate their respective experts in writing by 14 May 30, 2025. The parties must identify any person who may be used at trial to present 15 evidence pursuant to Rules 702, 703 or 705 of the Fed. R. Evid. This requirement is not 16 limited to retained experts. The date for exchange of rebuttal experts shall be by 17 June 11, 2025. The written designations shall include the name, address and telephone 18 number of the expert and a reasonable summary of the testimony the expert is expected to 19 provide. The list shall also include the normal rates the expert charges for deposition and 20 trial testimony. 21 3. By July 2, 2025, each party shall comply with the disclosure provisions in 22 Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure 23 requirement applies to all persons retained or specially employed to provide expert 24 testimony, or whose duties as an employee of the party regularly involve the giving of 25 expert testimony. Except as provided in the paragraph below, any party that fails to 26 make these disclosures shall not, absent substantial justification, be permitted to use 27 evidence or testimony not disclosed at any hearing or at the time of trial. In addition, 28 the Court may impose sanctions as permitted by Fed. R. Civ. P. 37(c). 1 4. Any party shall supplement its disclosure regarding contradictory or rebuttal 2 evidence under Fed. R. Civ. P. 26(a)(2)(D) by July 14, 2025. 3 5. All expert discovery shall be completed by all parties by July 28, 2025. The 4 parties shall comply with the same procedures set forth in the paragraph governing fact 5 discovery. 6 6. Failure to comply with this section or any other discovery order of the court 7 may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on 8 the introduction of experts or other designated matters in evidence. 9 7. All other pretrial motions must be filed by August 18, 2025. 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 Civil Local Rules, or as otherwise set 15 by the district judge. 16 8. A Mandatory Settlement Conference (“MSC”) will be held by video 17 conference1 on August 6, 2025 at 9:00 AM before Magistrate Judge Jill L. Burkhardt. 18 Mandatory directions for participating in the MSC by video conference are attached 19 to the initial Scheduling Order (ECF No. 17). The purpose of the MSC is to permit an 20 informal, candid discussion between the attorneys, parties, and the settlement judge of 21 every aspect of the lawsuit in an effort to achieve a mediated resolution of the case. All 22 MSC discussions will be off the record, privileged, and confidential. See CivLR 16.3.h. 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 Pursuant to Civil Local Rule 16.3, all party representatives and claims adjusters for 2 insured defendants with full and unlimited authority2 to negotiate and enter into a binding 3 settlement, as well as the principal attorney(s) responsible for the litigation, must be present 4 and legally and factually prepared to discuss and resolve the case at the MSC. In the case 5 of an entity, an authorized representative of the entity who is not retained outside counsel 6 must be present and must have discretionary authority to commit the entity to pay an 7 amount up to the amount of the Plaintiff’s prayer (excluding punitive damages prayers). 8 The purpose of this requirement is to have representatives present who can settle the case 9 during the course of the conference without consulting a superior. 10 Counsel for a United States government entity may be excused from this 11 requirement so long as the government attorney who attends the MSC conference (1) has 12 primary responsibility for handling the case, and (2) may negotiate settlement offers which 13 the attorney is willing to recommend to the government official having ultimate settlement 14 authority. 15 Failure to attend the MSC or obtain proper excuse will be considered grounds 16 for sanctions. 17 9. No later than 21 days before the MSC, the parties shall exchange formal 18 settlement proposals, as required by § III.A. of Judge Burkhardt’s Civil Chambers Rules. 19 No later than 14 days before the MSC, the parties shall meet and confer in person or 20 telephonically, as required by § III.B. of Judge Burkhardt’s Civil Chambers Rules. 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 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 SHARP MEMORIAL HOSPITAL, et al., Case No.: 24-cv-00511-WQH-JLB
14 Plaintiffs, ORDER GRANTING IN PART JOINT 15 v. MOTION TO AMEND SCHEDULING ORDER 16 MEDI-EXCEL, S.A. DE C.V.,
17 Defendant. [ECF No. 37] 18 19 20 Before the Court is a Joint Motion to Amend Scheduling Order. (ECF No. 37.) The 21 Court held a Status Conference to discuss the Joint Motion on April 18, 2025. (ECF No. 22 39.) For the reasons discussed during the Status Conference, the Joint Motion is 23 GRANTED IN PART, and the Scheduling Order (ECF Nos. 17, 31) is modified as 24 follows: 25 1. The fact discovery deadline is continued to May 29, 2025 for the limited 26 purposes of (1) concluding the depositions that have already been noticed by the parties, 27 and (2) allowing Plaintiff to take up to three additional depositions related to a contention 28 interrogatory response, as discussed during the April 18, 2025 Status Conference. 1 Counsel shall promptly and in good faith meet and confer with regard to all 2 discovery disputes in compliance with Civil Local Rule 26.1.a. The Court expects 3 counsel to make every effort to resolve all disputes without court intervention through the 4 meet and confer process. Discovery disputes must be brought to the Court’s attention in 5 the time and manner required by § V of Judge Burkhardt’s Civil Chambers Rules. All 6 discovery disputes must be raised within 30 calendar days of the service of an 7 objection, answer, or response that becomes the subject of dispute, or the passage of a 8 discovery due date without response or production, and only after counsel (and any 9 unrepresented parties) have met and conferred to resolve the dispute. See J. Burkhardt Civ. 10 Chambers R. § V. A failure to comply in this regard will result in a waiver of a party’s 11 discovery issue. Absent an order of the court, no stipulation continuing or altering 12 this requirement will be recognized by the court. 13 2. The parties shall designate their respective experts in writing by 14 May 30, 2025. The parties must identify any person who may be used at trial to present 15 evidence pursuant to Rules 702, 703 or 705 of the Fed. R. Evid. This requirement is not 16 limited to retained experts. The date for exchange of rebuttal experts shall be by 17 June 11, 2025. The written designations shall include the name, address and telephone 18 number of the expert and a reasonable summary of the testimony the expert is expected to 19 provide. The list shall also include the normal rates the expert charges for deposition and 20 trial testimony. 21 3. By July 2, 2025, each party shall comply with the disclosure provisions in 22 Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure 23 requirement applies to all persons retained or specially employed to provide expert 24 testimony, or whose duties as an employee of the party regularly involve the giving of 25 expert testimony. Except as provided in the paragraph below, any party that fails to 26 make these disclosures shall not, absent substantial justification, be permitted to use 27 evidence or testimony not disclosed at any hearing or at the time of trial. In addition, 28 the Court may impose sanctions as permitted by Fed. R. Civ. P. 37(c). 1 4. Any party shall supplement its disclosure regarding contradictory or rebuttal 2 evidence under Fed. R. Civ. P. 26(a)(2)(D) by July 14, 2025. 3 5. All expert discovery shall be completed by all parties by July 28, 2025. The 4 parties shall comply with the same procedures set forth in the paragraph governing fact 5 discovery. 6 6. Failure to comply with this section or any other discovery order of the court 7 may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on 8 the introduction of experts or other designated matters in evidence. 9 7. All other pretrial motions must be filed by August 18, 2025. 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 Civil Local Rules, or as otherwise set 15 by the district judge. 16 8. A Mandatory Settlement Conference (“MSC”) will be held by video 17 conference1 on August 6, 2025 at 9:00 AM before Magistrate Judge Jill L. Burkhardt. 18 Mandatory directions for participating in the MSC by video conference are attached 19 to the initial Scheduling Order (ECF No. 17). The purpose of the MSC is to permit an 20 informal, candid discussion between the attorneys, parties, and the settlement judge of 21 every aspect of the lawsuit in an effort to achieve a mediated resolution of the case. All 22 MSC discussions will be off the record, privileged, and confidential. See CivLR 16.3.h. 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 Pursuant to Civil Local Rule 16.3, all party representatives and claims adjusters for 2 insured defendants with full and unlimited authority2 to negotiate and enter into a binding 3 settlement, as well as the principal attorney(s) responsible for the litigation, must be present 4 and legally and factually prepared to discuss and resolve the case at the MSC. In the case 5 of an entity, an authorized representative of the entity who is not retained outside counsel 6 must be present and must have discretionary authority to commit the entity to pay an 7 amount up to the amount of the Plaintiff’s prayer (excluding punitive damages prayers). 8 The purpose of this requirement is to have representatives present who can settle the case 9 during the course of the conference without consulting a superior. 10 Counsel for a United States government entity may be excused from this 11 requirement so long as the government attorney who attends the MSC conference (1) has 12 primary responsibility for handling the case, and (2) may negotiate settlement offers which 13 the attorney is willing to recommend to the government official having ultimate settlement 14 authority. 15 Failure to attend the MSC or obtain proper excuse will be considered grounds 16 for sanctions. 17 9. No later than 21 days before the MSC, the parties shall exchange formal 18 settlement proposals, as required by § III.A. of Judge Burkhardt’s Civil Chambers Rules. 19 No later than 14 days before the MSC, the parties shall meet and confer in person or 20 telephonically, as required by § III.B. of Judge Burkhardt’s Civil Chambers Rules. 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 l 10. No later than July 28, 2025, counsel (and any unrepresented parties) shall 2 ||lodge confidential MSC statements with Judge Burkhardt’s chambers via e-mail at 3 || efile Burkhardt@casd.uscourts.gov. The parties’ MSC statements shall comply with § 4 || TII.C. of Judge Burkhardt’s Civil Chambers Rules. 5 11. The dates and times set forth herein will not be modified except for good cause 6 || shown. 7 12. Briefs or memoranda in support of or in opposition to any pending motion 8 ||shall not exceed 25 pages in length without leave of a district court judge. No reply 9 memorandum shall exceed 10 pages without leave of a district court judge. Briefs and 10 |}memoranda exceeding 10 pages in length shall have a table of contents and a table of 11 || authorities cited. 12 13. Plaintiff's counsel shall serve a copy of this order on all parties that enter this 13 || case hereafter. 14 14. All dates, deadlines, and requirements not modified herein remain in effect. 15 IT IS SO ORDERED. 16 || Dated: April 23, 2025 -
n. Jill L. Burkhardt 18 ited States Magistrate Judge 19 20 21 22 23 24 25 26 27 28