Wills v. Amentum Services, Inc. et al, No. 3:2022cv01966 - Document 22 (S.D. Cal. 2023)
Court Description: Amended Scheduling Order Granting in Part and Denying in Part Joint Motion to Modify Scheduling Order. Proposed Pretrial Order due by 8/12/2024. Final Pretrial Conference set for 8/26/2024 11:00 AM before Judge Cynthia Bashant. Jury Trial set for 10/22/2024 09:00 AM before Judge Cynthia Bashant. Mandatory Settlement Conference set for 4/11/2024 02:00 PM before Magistrate Judge Allison H. Goddard. Signed by Magistrate Judge Allison H. Goddard on 12/04/2023. (mjw)
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Wills v. Amentum Services, Inc. et al Doc. 22 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LASHAWNA WILLS, Case No.: 3:22-cv-01966-BAS-AHG Plaintiff, 12 13 v. 14 AMENTUM SERVICES, INC., et al., AMENDED SCHEDULING ORDER GRANTING IN PART AND DENYING IN PART JOINT MOTION TO MODIFY SCHEDULING ORDER Defendants. 15 16 [ECF No. 20] 17 18 Before the Court is the parties’ Joint Stipulation and Proposed Order to Continue 19 Trial and Modify the Scheduling Order (“Joint Motion”). ECF No. 20. After reviewing the 20 Joint Motion, the Court required the parties to submit a Joint Deposition Plan via email to 21 Magistrate Judge Allison H. Goddard, with a complete list of the depositions that remain 22 to be taken with firm deposition dates for each. After reviewing the Joint Deposition Plan 23 and consulting with the presiding District Judge in this matter, the Court finds good cause 24 to GRANT in part and DENY in part the Joint Motion. The Scheduling Order is hereby 25 AMENDED as follows: 26 27 28 1. Counsel shall refer to the Standing Order for Civil Cases for the Honorable Cynthia Bashant, which is accessible via the Court’s website at www.casd.uscourts.gov. 2. The Court will hold a Discovery Status Conference before Judge Goddard on 1 3:22-cv-01966-BAS-AHG Dockets.Justia.com 1 December 15, 2023 at 1:00 p.m. via videoconference using the Court’s official Zoom 2 account. Chambers staff will circulate the Zoom invitation to all counsel of record via email 3 at least one business day prior. Participants should review the Court’s previous Order 4 Modifying MSC to be via Videoconference and Issuing Updated Procedures (ECF No. 14) 5 for technical guidance regarding the use of Zoom, if needed. 6 3. All fact discovery shall be completed by all parties by January 19, 2024. 7 “Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil 8 Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of 9 time in advance of the cut-off date, so that it may be completed by the cut-off date, taking 10 into account the times for service, notice and response as set forth in the Federal Rules of 11 Civil Procedure. Counsel shall promptly and in good faith meet and confer with 12 regard to all discovery disputes in compliance with Local Rule 26.1(a). A failure to 13 comply in this regard will result in a waiver of a party’s discovery issue. Absent an 14 order of the court, no stipulation continuing or altering this requirement will be 15 recognized by the court. The Court expects counsel to make every effort to resolve all 16 disputes without court intervention through the meet and confer process. If the parties 17 reach an impasse on any discovery issue, the movant must e-mail chambers at 18 efile_goddard@casd.uscourts.gov no later than 45 days after the date of service of the 19 written discovery response that is in dispute, seeking a telephonic conference with the 20 Court to discuss the discovery dispute. The email must include: (1) at least three proposed 21 times mutually agreed upon by the parties for the telephonic conference; (2) a neutral 22 statement of the dispute; and (3) one sentence describing (not arguing) each parties’ 23 position. The movant must copy opposing counsel on the email. No discovery motion may 24 be filed until the Court has conducted its pre-motion telephonic conference, unless the 25 movant has obtained leave of Court. All parties are ordered to read and to fully comply 26 with the Chambers Rules of Magistrate Judge Allison H. Goddard. 27 28 4. Plaintiff(s) (or the party(ies) having the burden of proof on any claim) shall serve on all parties a list of experts whom that party expects to call at trial on or before 2 3:22-cv-01966-BAS-AHG 1 February 16, 2024. Defendant(s) (or the party(ies) defending any claim, counterclaim, 2 crossclaim, or third party claim) shall serve on all parties a list of experts whom that party 3 expects to call at trial on or before February 16, 2024. On or before March 15, 2024, any 4 party may supplement its designation in response to any other party’s designation, so long 5 as that party has not previously retained an expert to testify on that subject. Expert 6 designations shall include the name, address, and telephone number of each expert, and a 7 reasonable summary of the testimony the expert is expected to provide. The list shall also 8 include the normal rates the expert charges for deposition and trial testimony. 9 The parties must identify any person who may be used at trial to present evidence 10 pursuant to Rules 702, 703 or 705 of the Federal Rules of Evidence. This requirement is 11 not limited to retained experts. 12 Please be advised that failure to comply with this section or any other discovery 13 order of the Court may result in the sanctions provided for in Fed. R. Civ. P. 37, 14 including a prohibition on the introduction of experts or other designated matters in 15 evidence. 16 5. All expert disclosures required by Fed. R. Civ. P. 26(a)(2) shall be served on 17 all parties on or before February 16, 2024. Any contradictory or rebuttal information shall 18 be disclosed on or before March 15, 2024. In addition, Fed. R. Civ. P. 26(e)(1) imposes a 19 duty on the parties to supplement the expert disclosures made pursuant to Fed. R. Civ. P. 20 26(a)(2)(B) by the time that pretrial disclosures are due under Fed. R. Civ. P. 26(a)(3) 21 (discussed below). This disclosure requirement applies to all persons retained or specially 22 employed to provide expert testimony, or whose duties as an employee of the party 23 regularly involve the giving of expert testimony. 24 Please be advised that failure to comply with this section or any other discovery 25 order of the Court may result in the sanctions provided for in Fed. R. Civ. P. 37, 26 including a prohibition on the introduction of experts or other designated matters in 27 evidence. 28 6. All expert discovery shall be completed by all parties by March 29, 2024. 3 3:22-cv-01966-BAS-AHG 1 The parties shall comply with the same procedures set forth in the paragraph governing 2 fact discovery. 3 7. All motions, other than motions to amend or join parties, or motions in limine, 4 shall be filed on or before April 26, 2024. Motions will not be heard or calendared unless 5 counsel for the moving party has obtained a motion hearing date from the law clerk of the 6 judge who will hear the motion. Be advised that the period of time between the date 7 you request a motion date and the hearing date may be up to sixty (60) days. Please 8 plan accordingly. Failure of counsel to timely request a motion date may result in the 9 motion not being heard. 10 Any Daubert motions shall be filed along with motions for summary judgment 11 unless no motions for summary judgment will be filed, in which case the parties may file 12 Daubert motions along with motions in limine. 13 Briefs or memoranda in support of or in opposition to any pending motion shall not 14 exceed twenty-five (25) pages in length without leave of the judge who will hear the 15 motion. No reply memorandum shall exceed ten (10) pages without such leave of court. 16 8. Pursuant to Local Rule 7.1.f.3.c, if an opposing party fails to file opposition 17 papers in the time and manner required by Local Rule 7.1.e.2, that failure may 18 constitute a consent to the granting of a motion or other request for ruling by the 19 Court. Accordingly, all parties are ordered to abide by the terms of Local Rule 7.1.e.2 or 20 otherwise face the prospect of any pretrial motion being granted as an unopposed motion 21 pursuant to Local Rule 7.1.f.3.c. 22 9. The Mandatory Settlement Conference (“MSC”) is CONTINUED to 23 April 11, 2024 at 2:00 p.m. before Magistrate Judge Allison H. Goddard. As before, 24 the MSC shall take place via videoconference, using the Court’s official Zoom account. 25 Participants should review the Court’s previous Order Modifying MSC to be via 26 Videoconference and Issuing Updated Procedures (ECF No. 14) for technical guidance 27 regarding the use of Zoom, if needed. The Court’s requirements of professional 28 comportment and dress as set forth in that Order are incorporated by reference as though 4 3:22-cv-01966-BAS-AHG 1 fully set forth herein, and all participants must review and adhere to those requirements. 2 Plaintiff must serve on Defendant a written settlement proposal, which must include 3 a specific demand amount, no later than March 21, 2024. The defendant must respond to 4 the plaintiff in writing with a specific offer amount prior to the Meet and Confer 5 discussion. The parties should not file or otherwise copy the Court on these exchanges. 6 Rather, the parties must include their written settlement proposals in their respective 7 Settlement Conference Statements to the Court. Counsel for the parties must meet and 8 confer in person or by phone no later than March 28, 2024. 9 Each party must prepare a Settlement Conference Statement, which will be served 10 on opposing counsel and lodged with the Court no later than April 4, 2024. The Statement 11 must be lodged in .pdf format via email to efile_goddard@casd.uscourts.gov (not filed). 12 The substance of the Settlement Conference Statement must comply fully with Judge 13 Goddard’s 14 https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Mandatory%20Settlem 15 ent%20Conference%20Rules.pdf). Each party may also prepare an optional Confidential 16 Settlement Letter for the Court’s review only, to be lodged with the Court no later than 17 April 4, 2024. 18 efile_goddard@casd.uscourts.gov (not filed). Should a party choose to prepare a Letter, 19 the substance of the Settlement Conference Letter must comply fully with Judge Goddard’s 20 Mandatory Settlement Conference Rules. 21 22 23 Mandatory Settlement Conference Rules (located The Letter must be lodged in .pdf format via email to No later than April 4, 2024, counsel for each party shall send an email to the Court at efile_goddard@casd.uscourts.gov containing the following: a. The name and title of each participant, including all parties and party 24 representatives with full settlement authority, claims adjusters for 25 insured defendants, and the primary attorney(s) responsible for the 26 litigation; 27 28 at b. An email address for each participant to receive the Zoom video conference invitation; 5 3:22-cv-01966-BAS-AHG 1 c. A telephone number where each participant may be reached; and 2 d. A cell phone number for that party’s preferred point of 3 contact (and the name of the individual whose cell phone it is) for the 4 Court to use during the MSC to alert counsel via text message that the 5 Court will soon return to that party’s Breakout Room, to avoid any 6 unexpected interruptions of confidential discussions. 7 All parties are ordered to read and to fully comply with the Chambers Rules 8 and Mandatory Settlement Conference Rules of Magistrate Judge Allison H. 9 Goddard. 10 10. The parties must comply with the pretrial disclosure requirements of Fed. R. 11 Civ. P. 26(a)(3) no later than July 22, 2024. Please be advised that failure to comply 12 with this section or any other discovery order of the Court may result in the sanctions 13 provided for in Fed. R. Civ. P. 37, including a prohibition on the introduction of 14 experts or other designated matters in evidence. 15 11. In jury trial cases before the Honorable Cynthia Bashant, neither party is 16 required to file Memoranda of Contentions of Fact and Law pursuant to Civil Local Rule 17 16.1.f.2. 18 19 20 12. Counsel shall confer and take the action required by Local Rule 16.1.f.4.a on or before July 29, 2024. 13. Counsel for the Plaintiff(s) must provide opposing counsel with the proposed 21 pretrial order for review and approval and take any other action required by Local Rule 22 16.1.f.6.a on or before August 5, 2024. 23 24 25 26 14. The proposed pretrial order shall be lodged with the district judge’s chambers on or before August 12, 2024, and shall be in the form prescribed in Local Rule 16.1.f.6. 15. The final Pretrial Conference is scheduled on the calendar of the Honorable Cynthia Bashant for Monday, August 26, 2024 at 11:00 AM. 27 16. All motions in limine are due no later than September 9, 2024. 28 17. All responses to the motions in limine are due no later than September 23, 6 3:22-cv-01966-BAS-AHG 1 2 2024. 18. The parties shall submit the following no later than September 23, 2024: (1) 3 joint proposed jury instructions; (2) proposed verdict form; (3) voir dire questions; and (4) 4 statement of the case. 5 6 7 8 19. October 15, 2024. 20. 21. 10 9:00 AM. 11 22. 13 A hearing for motions in limine is scheduled for Monday, October 14, 2024 at 10:30 AM. 9 12 The parties shall exchange final exhibit and witness lists no later than The trial in this matter shall commence on Tuesday, October 22, 2024 at The dates and times set forth herein will not be modified except for good cause shown. IT IS SO ORDERED. 14 15 Dated: December 4, 2023 16 17 18 19 20 21 22 23 24 25 26 27 28 7 3:22-cv-01966-BAS-AHG
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