1 2 3 4 5 6 9 10 CURTIS RAY YOUNG, Case No.: 2:24-cv-03283-DJC-JDP 11 Plaintiff, 12 v. SCHEDULING ORDER 14 Defendant. 15 17 The named defendant has been served as required by Federal Rule of Civil 18 Procedure 5. No further service is permitted without leave of the Court, good cause 19 having been shown under Federal Rule of Civil Procedure 16(b). 20 II. JOINDER OF ADDITIONAL PARTIES / AMENDMENT OF PLEADINGS 21 No further joinder of parties or amendments to pleadings is permitted without 22 leave of the Court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson 23 v. Mammoth Recreations, Inc., 975 F.2d 27 604 (9th Cir. 1992). 25 Plaintiff questions whether this court has subject matter jurisdiction over this action 26 under Section 1332 et seq. of the U.S. Code; whereas Defendant believes that 27 complete diversity exists amongst the parties. Plaintiff requests that the Court sua 28 sponte issue an Order to Show Cause regarding these issues. While the Court 1 recognizes its obligation to assure itself of its own jurisdiction, if Plaintiff believes this 2 Court lacks subject matter jurisdiction, it should bring a properly noticed motion. 4 Discovery matters that do not implicate the schedule of the case or that do not 5 relate to sealing or redaction of documents related to dispositive motions are referred 6 to the assigned United States Magistrate Judge, who will hear all discovery disputes 7 subject to his or her procedures. All discovery documents must include the words 8 “DISCOVERY MATTER” in the caption to ensure proper routing. Do not direct delivery 9 of courtesy copies of these documents to the District Judge. Counsel are directed to 10 review and comply with the case management procedures of the assigned Magistrate 11 Judge when setting applicable discovery matters for hearing. All motions to compel 12 discovery must be noticed on the assigned Magistrate Judge’s calendar in 13 accordance with the local rules of this Court and the Magistrate Judge’s own 14 procedures. 15 The written ruling of the assigned Magistrate Judge shall be final, subject to 16 modification by the District Judge only where it has been shown that the Magistrate 17 Judge’s order is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). 18 Pursuant to Local Rule 303, any party may file and serve a “Request for 19 Reconsideration by the District Judge of Magistrate Judge’s Ruling.” See L.R. 303(c). 20 The requesting party must file and serve any such request within fourteen (14) days of 21 service of a written ruling. L.R. 303(b). The request must specify which portions of the 22 ruling are clearly erroneous or contrary to law and the basis for that contention with 23 supporting points and authorities. L.R. 303(c). 24 In addition, the assigned Magistrate Judge reviews proposed discovery phase 25 protective orders sought by the parties pursuant to Local Rule 141.1. However, 26 requests to seal or redact in connection with dispositive motions or trial are decided 27 by Judge Calabretta and any such requests must comply with Judge Calabretta’s 28 Standing Order and Local Rules 140 and 141. 2 A. Rule 26(a) Initial Disclosures 3 If not already completed, all parties appearing shall make initial disclosures 4 pursuant to Federal Rule of Civil Procedure Rule 26(a)(1) no later than 2/21/2025. 5 Any parties served or joined after the issuance of this scheduling order shall “make the 6 initial disclosures within 30 days after being served or joined,” as provided by Rule 7 26(a)(1)(D). 8 B. Fact Discovery 9 All fact discovery shall be completed1 no later than 1/16/2026. 10 C. Expert Discovery 11 The parties shall disclose initial experts and produce reports in accordance with 12 Federal Rule of Civil Procedure 26(a)(2) by no later than 11/21/2025. With regard to 13 expert testimony intended solely for rebuttal, those experts shall be disclosed and 14 reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or 15 before 12/19/2025. All expert discovery shall be completed no later than 16 1/16/2026. 17 Disclosures of expert witnesses, if any, must be made pursuant to Federal Rule 18 of Civil Procedure 26(a)(2)(A), (B) and (C), and shall include all information required 19 thereunder. Each expert witness must be fully prepared to be examined on all 20 subjects and opinions included in the disclosures. Failure to comply with these 21 requirements may result in the imposition of appropriate sanctions, including the 22 preclusion of the expert’s testimony, or of other evidence offered through the expert. 23 /// 24 /// 25
26 1 As used herein, the word “completed” means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by 27 appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. The parties are advised that motions to compel must be filed in advance of the discovery completion 28 deadlines so that the Court may grant effective relief within the allotted discovery time. A party’s failure 1 D. Joint Mid-Discovery Statement 2 By 6/6/2025, all parties shall file with the Court a brief Joint Mid-Discovery 3 Statement summarizing the current status of discovery proceedings. In this statement, 4 parties should state whether parties are actively engaged in discovery and identify any 5 issues preventing discovery from proceeding in a timely manner. The filing of this 6 statement shall not relieve the parties or counsel of their obligations to meet and 7 confer, comply the deadlines set by the court, and timely notice all appropriate 8 discovery motions. 10 All dispositive motions, except motions for continuances, temporary restraining 11 orders, or other emergency applications, shall be filed on or before 3/27/2026 and 12 shall be noticed for hearing before Judge Calabretta on 5/14/2026 at 1:30 p.m. 13 Counsel are directed to refer to the local rules and Judge Calabretta’s Standing Order 14 regarding the requirements for noticing and opposing such motions on the Court’s 15 regularly scheduled law and motion calendar. 16 All moving and opposition briefs or legal memoranda in civil cases shall not 17 exceed twenty-five pages without prior leave of court. Reply briefs filed by moving 18 parties shall not exceed fifteen pages. The Court will grant an application to extend 19 these page limitations only after good cause shown. Pages that exceed the page 20 limitations without leave of court will not be considered. Finally, no supplemental 21 briefs or sur-replies shall be filed and will not be considered without prior leave of 22 court. 23 Prior to filing a motion for summary judgment or motion for partial summary 24 judgment (summary adjudication), the parties are ordered to meet and confer, in 25 person or by telephone, to discuss the issues to be raised in the motion as required by 26 Judge Calabretta’s Standing Order. Failure to do so may result in denial of the 27 motion. In addition to complying with the requirements of Local Rule 260, the 28 parties must prepare a Joint Statement of Undisputed Facts, which identifies all 1 relevant facts subject to agreement by all parties. The moving party is responsible 2 for filing the joint statement concurrently with the motion.
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1 2 3 4 5 6 9 10 CURTIS RAY YOUNG, Case No.: 2:24-cv-03283-DJC-JDP 11 Plaintiff, 12 v. SCHEDULING ORDER 14 Defendant. 15 17 The named defendant has been served as required by Federal Rule of Civil 18 Procedure 5. No further service is permitted without leave of the Court, good cause 19 having been shown under Federal Rule of Civil Procedure 16(b). 20 II. JOINDER OF ADDITIONAL PARTIES / AMENDMENT OF PLEADINGS 21 No further joinder of parties or amendments to pleadings is permitted without 22 leave of the Court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson 23 v. Mammoth Recreations, Inc., 975 F.2d 27 604 (9th Cir. 1992). 25 Plaintiff questions whether this court has subject matter jurisdiction over this action 26 under Section 1332 et seq. of the U.S. Code; whereas Defendant believes that 27 complete diversity exists amongst the parties. Plaintiff requests that the Court sua 28 sponte issue an Order to Show Cause regarding these issues. While the Court 1 recognizes its obligation to assure itself of its own jurisdiction, if Plaintiff believes this 2 Court lacks subject matter jurisdiction, it should bring a properly noticed motion. 4 Discovery matters that do not implicate the schedule of the case or that do not 5 relate to sealing or redaction of documents related to dispositive motions are referred 6 to the assigned United States Magistrate Judge, who will hear all discovery disputes 7 subject to his or her procedures. All discovery documents must include the words 8 “DISCOVERY MATTER” in the caption to ensure proper routing. Do not direct delivery 9 of courtesy copies of these documents to the District Judge. Counsel are directed to 10 review and comply with the case management procedures of the assigned Magistrate 11 Judge when setting applicable discovery matters for hearing. All motions to compel 12 discovery must be noticed on the assigned Magistrate Judge’s calendar in 13 accordance with the local rules of this Court and the Magistrate Judge’s own 14 procedures. 15 The written ruling of the assigned Magistrate Judge shall be final, subject to 16 modification by the District Judge only where it has been shown that the Magistrate 17 Judge’s order is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). 18 Pursuant to Local Rule 303, any party may file and serve a “Request for 19 Reconsideration by the District Judge of Magistrate Judge’s Ruling.” See L.R. 303(c). 20 The requesting party must file and serve any such request within fourteen (14) days of 21 service of a written ruling. L.R. 303(b). The request must specify which portions of the 22 ruling are clearly erroneous or contrary to law and the basis for that contention with 23 supporting points and authorities. L.R. 303(c). 24 In addition, the assigned Magistrate Judge reviews proposed discovery phase 25 protective orders sought by the parties pursuant to Local Rule 141.1. However, 26 requests to seal or redact in connection with dispositive motions or trial are decided 27 by Judge Calabretta and any such requests must comply with Judge Calabretta’s 28 Standing Order and Local Rules 140 and 141. 2 A. Rule 26(a) Initial Disclosures 3 If not already completed, all parties appearing shall make initial disclosures 4 pursuant to Federal Rule of Civil Procedure Rule 26(a)(1) no later than 2/21/2025. 5 Any parties served or joined after the issuance of this scheduling order shall “make the 6 initial disclosures within 30 days after being served or joined,” as provided by Rule 7 26(a)(1)(D). 8 B. Fact Discovery 9 All fact discovery shall be completed1 no later than 1/16/2026. 10 C. Expert Discovery 11 The parties shall disclose initial experts and produce reports in accordance with 12 Federal Rule of Civil Procedure 26(a)(2) by no later than 11/21/2025. With regard to 13 expert testimony intended solely for rebuttal, those experts shall be disclosed and 14 reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or 15 before 12/19/2025. All expert discovery shall be completed no later than 16 1/16/2026. 17 Disclosures of expert witnesses, if any, must be made pursuant to Federal Rule 18 of Civil Procedure 26(a)(2)(A), (B) and (C), and shall include all information required 19 thereunder. Each expert witness must be fully prepared to be examined on all 20 subjects and opinions included in the disclosures. Failure to comply with these 21 requirements may result in the imposition of appropriate sanctions, including the 22 preclusion of the expert’s testimony, or of other evidence offered through the expert. 23 /// 24 /// 25
26 1 As used herein, the word “completed” means that all discovery shall have been conducted so that all depositions have been taken and any disputes relevant to discovery shall have been resolved by 27 appropriate order if necessary and, where discovery has been ordered, the order has been obeyed. The parties are advised that motions to compel must be filed in advance of the discovery completion 28 deadlines so that the Court may grant effective relief within the allotted discovery time. A party’s failure 1 D. Joint Mid-Discovery Statement 2 By 6/6/2025, all parties shall file with the Court a brief Joint Mid-Discovery 3 Statement summarizing the current status of discovery proceedings. In this statement, 4 parties should state whether parties are actively engaged in discovery and identify any 5 issues preventing discovery from proceeding in a timely manner. The filing of this 6 statement shall not relieve the parties or counsel of their obligations to meet and 7 confer, comply the deadlines set by the court, and timely notice all appropriate 8 discovery motions. 10 All dispositive motions, except motions for continuances, temporary restraining 11 orders, or other emergency applications, shall be filed on or before 3/27/2026 and 12 shall be noticed for hearing before Judge Calabretta on 5/14/2026 at 1:30 p.m. 13 Counsel are directed to refer to the local rules and Judge Calabretta’s Standing Order 14 regarding the requirements for noticing and opposing such motions on the Court’s 15 regularly scheduled law and motion calendar. 16 All moving and opposition briefs or legal memoranda in civil cases shall not 17 exceed twenty-five pages without prior leave of court. Reply briefs filed by moving 18 parties shall not exceed fifteen pages. The Court will grant an application to extend 19 these page limitations only after good cause shown. Pages that exceed the page 20 limitations without leave of court will not be considered. Finally, no supplemental 21 briefs or sur-replies shall be filed and will not be considered without prior leave of 22 court. 23 Prior to filing a motion for summary judgment or motion for partial summary 24 judgment (summary adjudication), the parties are ordered to meet and confer, in 25 person or by telephone, to discuss the issues to be raised in the motion as required by 26 Judge Calabretta’s Standing Order. Failure to do so may result in denial of the 27 motion. In addition to complying with the requirements of Local Rule 260, the 28 parties must prepare a Joint Statement of Undisputed Facts, which identifies all 1 relevant facts subject to agreement by all parties. The moving party is responsible 2 for filing the joint statement concurrently with the motion. In the notice of motion, the 3 moving party shall certify that the parties have met and conferred as ordered above or 4 provide a statement of good cause for the failure to do so. In addition to the above, 5 when filing any motion, parties should reference and ensure compliance with Judge 6 Calabretta’s Standing Order. 8 No Settlement Conference is currently scheduled. If the parties wish to have a 9 settlement conference, one will be scheduled at the final pretrial conference or at an 10 earlier time upon request of the parties. 12 The final pretrial conference is set for 7/30/2026 at 1:30 p.m. in Courtroom 7 13 before District Court Judge Daniel J. Calabretta. Hearings may be conducted by 14 Zoom upon the joint request of all parties. 15 The parties are directed to file a joint pretrial statement that complies with the 16 requirements of Local Rule 281 and Judge Calabretta’s Standing Order in Civil Cases 17 not less than seven (7) days prior to the Pretrial Conference. Counsel shall e-mail a 18 copy of the joint pretrial statement in Word format to Judge Calabretta's chambers at 19 djcorders@caed.uscourts.gov immediately thereafter. 20 The parties’ attention is directed to Local Rules 281 and 282. This Court will 21 insist upon strict compliance with these rules. At the pretrial conference, the Court will 22 set deadlines to file trial documents, including motions in limine, trial briefs, and 23 proposed jury voir dire, instructions, and verdict forms (where applicable). 25 A jury trial is set for 9/28/2026 at 8:30 a.m. in Courtroom 7 before District 26 Court Judge Daniel J. Calabretta. Trial is anticipated to last five to seven (5-7) court 27 days. 28 /// 2 The parties have not alerted the court to any related litigation. 4 This case schedule will become final without further order of the Court 5 unless objections are filed within fourteen (14) days of the entry of this order. 6 The schedule, once final, shall not be modified except by leave of the Court upon 7 showing of good cause. Counsel shall contact Judge Calabretta’s courtroom deputy, 8 Gabriel Michel, via e-mail at gmichel@caed.uscourts.gov, prior to filing a stipulation 9 and proposed order to continue the dates set forth herein. 10 The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of 11 Civil Procedure, no stipulations extending scheduling requirements or modifying 12 applicable rules are effective until and unless the Court approves them. Agreement of 13 the parties by stipulation alone does not constitute good cause. Counsel are 14 cautioned that requests or stipulations to continue dispositive motion deadlines or 15 trial dates must establish good cause exists and are not granted lightly. 16 Any request or stipulation to modify this scheduling order must set forth: 17 1. The existing due date or hearing date as well as the discovery cutoff date, 18 the last date for hearing motions, the final pretrial conference date, and the 19 trial date; 20 2. Whether there have been prior requests for extensions, and whether these 21 were granted or denied by the Court; and 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 3. Specific, concrete reasons supporting good cause for granting of the 2 extension. For example, if the reason for the requested extension is that it 3 “will promote settlement,” the requesting party or parties must indicate the 4 status of ongoing negotiations, e.g., that a mediator has been selected; 5 written proposals have been exchanged; a draft settlement agreement is 6 being reviewed by counsel; etc. 8
9 Dated: January 27, 2025 /s/ Daniel J. Calabretta THE HONORABLE DANIEL J. CALABRETTA 10 UNITED STATES DISTRICT JUDGE 11
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