Richards et al v. Bonta et al, No. 3:2023cv00793 - Document 13 (S.D. Cal. 2023)
Court Description: ORDER Granting 12 Joint Motion to Extend Discovery Deadline, and Issuing FIRST AMENDED SCHEDULING ORDER. (Mandatory Settlement Conference set for 9/13/2024 at 9:30 AM before Magistrate Judge Allison H. Goddard. Proposed Pretrial Order due by 11/18/2024. Final Pretrial Conference set for 11/25/2024 at 12:00 PM before Judge Larry Alan Burns). Signed by Magistrate Judge Allison H. Goddard on 9/21/2023. (hmw)
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Richards et al v. Bonta et al Doc. 13 Case 3:23-cv-00793-LAB-AHG Document 13 Filed 09/21/23 PageID.78 Page 1 of 7 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CLAIRE RICHARDS, et al., Case No.: 3:23-cv-00793-LAB-AHG Plaintiffs, 12 13 v. 14 ROB BONTA, et al., ORDER: (1) GRANTING JOINT MOTION TO EXTEND DISCOVERY DEADLINE, and Defendants. 15 16 (2) ISSUING FIRST AMENDED SCHEDULING ORDER 17 18 [ECF No. 12] 19 20 Before the Court is the parties’ joint motion extend discovery deadlines. ECF No. 12. 21 The parties seek an order from the Court extending the fact discovery deadline by 22 approximately 60 days. Id. 23 Parties seeking to continue deadlines in the scheduling order must demonstrate good 24 cause. FED. R. CIV. P. 16(b)(4) (“A schedule may be modified only for good cause and with 25 the judge’s consent”); ECF No. 11 at 5 (Scheduling Order, stating that “[t]he dates [] set 26 forth herein will not be modified except for good cause shown”); see also Chmb.R. at 2 27 (stating that any request for continuance requires “[a] showing of good cause for the 28 request”). 1 3:23-cv-00793-LAB-AHG Dockets.Justia.com Case 3:23-cv-00793-LAB-AHG Document 13 Filed 09/21/23 PageID.79 Page 2 of 7 1 “Good cause” is a non-rigorous standard that has been construed broadly across 2 procedural and statutory contexts. Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 3 (9th Cir. 2010). The good cause standard focuses on the diligence of the party seeking to 4 amend the scheduling order and the reasons for seeking modification. Johnson v. Mammoth 5 Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992) (“[T]he focus of the inquiry is upon 6 the moving party’s reasons for seeking modification. . . . If that party was not diligent, the 7 inquiry should end.”) (internal citation omitted). Therefore, “a party demonstrates good 8 cause by acting diligently to meet the original deadlines set forth by the court.” Merck v. 9 Swift Transp. Co., No. CV-16-01103-PHX-ROS, 2018 WL 4492362, at *2 (D. Ariz. Sept. 10 19, 2018). 11 The Case Management Conference (“CMC”) in this matter was held on 12 July 11, 2023. ECF No. 10. At the conference, the Court set the fact discovery cutoff for 13 December 11, 2023. ECF No. 11. On August 31, 2023—51 days after the CMC and 71 days 14 after the fact discovery period opened1—Defendants served one set of interrogatories and 15 one set of requests for production on Plaintiffs. ECF No. 12 at 2. Plaintiffs’ responses were 16 due on October 2, 2023. Id. Plaintiffs requested a 30-day extension of time to respond. Id. 17 Defendants’ counsel seeks to agree to this informal extension as a matter of professional 18 courtesy, but such an extension would leave only 40 days for follow-up discovery requests 19 responses to those requests, and depositions before fact discovery closed. Id. at 3. Thus, 20 the parties jointly request a 60-day extension of the fact discovery deadline. Id. 21 The Court notes that there have been many delays in this case, which could belie a 22 finding of diligence. Regarding the delay in propounding discovery, Defendants explain 23 that their lead counsel took seven depositions in another case during that time period, and 24 his co-counsel drafted two answering briefs for Ninth Circuit appeals and was subsequently 25 out of the country on a pre-planned two-week international vacation. Id. at 2. Regarding 26 27 1 28 See ECF No. 8 at 1 (requiring that the parties meet and confer pursuant to Rule 26(f) by June 21, 2023). 2 3:23-cv-00793-LAB-AHG Case 3:23-cv-00793-LAB-AHG Document 13 Filed 09/21/23 PageID.80 Page 3 of 7 1 Plaintiffs’ request for an additional 30-days to respond to Defendants’ discovery requests, 2 Plaintiffs explain that, since there are twelve plaintiffs, the total amount of interrogatories 3 and requests for production is 140 and 150, respectfully. Id. Additionally, Plaintiffs’ 4 counsel explains that he completed expedited briefing after remand from the Fifth Circuit, 5 has oral argument before the California Court of Appeal, and has upcoming deadlines for 6 amicus briefs in the Supreme Court of the United States and the Supreme Court of Kansas. 7 Id. at 2–3. The Court is satisfied with these explanations2 and therefore finds good cause 8 to GRANT the joint motion. The Court issues the following First Amended Scheduling 9 Order: 10 1. All fact discovery shall be completed by all parties by February 12, 2024. 11 “Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil 12 Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of 13 time in advance of the cut-off date, so that it may be completed by the cut-off date, taking 14 into account the times for service, notice and response as set forth in the Federal Rules of 15 Civil Procedure. Counsel shall promptly and in good faith meet and confer with 16 regard to all discovery disputes in compliance with Local Rule 26.1(a). A failure to 17 comply in this regard will result in a waiver of a party’s discovery issue. Absent an 18 order of the court, no stipulation continuing or altering this requirement will be 19 recognized by the court. The Court expects counsel to make every effort to resolve all 20 disputes without court intervention through the meet and confer process. If the parties 21 reach an impasse on any discovery issue, the movant must e-mail chambers at 22 efile_goddard@casd.uscourts.gov no later than 45 days after the date of service of the 23 written discovery response that is in dispute, seeking a telephonic conference with the 24 25 26 27 28 However, the joint motion notes, offhandedly, that “Plaintiffs plan to issue discovery themselves.” ECF No. 12 at 3. No explanation has been given regarding Plaintiffs’ three-month delay in propounding written discovery requests. If Plaintiffs intend to serve written discovery requests on Defendants, they must do so no later than September 29, 2023. 2 3 3:23-cv-00793-LAB-AHG Case 3:23-cv-00793-LAB-AHG Document 13 Filed 09/21/23 PageID.81 Page 4 of 7 1 Court to discuss the discovery dispute. The email must include: (1) at least three proposed 2 times mutually agreed upon by the parties for the telephonic conference; (2) a neutral 3 statement of the dispute; and (3) one sentence describing (not arguing) each parties’ 4 position. The movant must copy opposing counsel on the email. No discovery motion may 5 be filed until the Court has conducted its pre-motion telephonic conference, unless the 6 movant has obtained leave of Court. All parties are ordered to read and to fully comply 7 with the Chambers Rules of Magistrate Judge Allison H. Goddard. 8 2. The parties shall designate their respective experts in writing by 9 March 12, 2024. The parties must identify any person who may be used at trial to present 10 evidence pursuant to Rules 702, 703 or 705 of the Federal Rules of Evidence. This 11 requirement is not limited to retained experts. The date for exchange of rebuttal experts 12 shall be by April 12, 2024. The written designations shall include the name, address and 13 telephone number of the expert and a reasonable summary of the testimony the expert is 14 expected to provide. The list shall also include the normal rates the expert charges for 15 deposition and trial testimony. 16 3. By March 12, 2024, each party shall comply with the disclosure provisions 17 in Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure 18 requirement applies to all persons retained or specially employed to provide expert 19 testimony, or whose duties as an employee of the party regularly involve the giving of 20 expert testimony. Except as provided in the paragraph below, any party that fails to 21 make these disclosures shall not, absent substantial justification, be permitted to use 22 evidence or testimony not disclosed at any hearing or at the time of trial. In addition, 23 the Court may impose sanctions as permitted by Fed. R. Civ. P. 37(c). 24 25 26 4. Any party shall supplement its disclosure regarding contradictory or rebuttal evidence under Rule 26(a)(2)(D) by April 12, 2024. 5. All expert discovery shall be completed by all parties by May 13, 2024. The 27 parties shall comply with the same procedures set forth in the paragraph governing fact 28 discovery. Failure to comply with this section or any other discovery order of the court 4 3:23-cv-00793-LAB-AHG Case 3:23-cv-00793-LAB-AHG Document 13 Filed 09/21/23 PageID.82 Page 5 of 7 1 may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on 2 the introduction of experts or other designated matters in evidence. 3 6. All other pretrial motions must be filed by June 26, 2024. Counsel for the 4 moving party must obtain a motion hearing date from the law clerk of the judge who will 5 hear the motion. The period of time between the date you request a motion date and the 6 hearing date may vary from one district judge to another. Please plan accordingly. Failure 7 to make a timely request for a motion date may result in the motion not being heard. 8 Motions in limine are to be filed as directed in the Local Rules, or as otherwise set by the 9 district judge. 10 7. A Mandatory Settlement Conference shall be conducted on 11 September 13, 2024 12 Allison H. Goddard. Plaintiffs must serve on Defendants a written settlement proposal, 13 which must include a specific demand amount, no later than August 23, 2024. Defendants 14 must respond to the plaintiff in writing with a specific offer amount prior to the Meet and 15 Confer discussion. The parties should not file or otherwise copy the Court on these 16 exchanges. Rather, the parties must include their written settlement proposals in their 17 respective Settlement Conference Statements to the Court. Counsel for the parties must 18 meet and confer in person or by phone no later than August 30, 2024. Each party must 19 prepare a Settlement Conference Statement, which will be served on opposing counsel and 20 lodged with the Court no later than September 6, 2024. The Statement must be lodged in 21 .pdf format via email to efile_goddard@casd.uscourts.gov (not filed). The substance of the 22 Settlement Conference Statement must comply fully with the Judge Goddard’s Mandatory 23 Settlement Conference Rules (located at 24 https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Mandatory%20Settlem 25 ent%20Conference%20Rules.pdf). Each party may also prepare an optional Confidential 26 Settlement Letter for the Court’s review only, to be lodged with the Court no later than 27 September 6, 2024. The Letter must be lodged in .pdf format via email to 28 efile_goddard@casd.uscourts.gov (not filed). Should a party choose to prepare a Letter, at 9:30 a.m. in the chambers of Magistrate Judge 5 3:23-cv-00793-LAB-AHG Case 3:23-cv-00793-LAB-AHG Document 13 Filed 09/21/23 PageID.83 Page 6 of 7 1 the substance of the Settlement Conference Letter must comply fully with the Judge 2 Goddard’s Mandatory Settlement Conference Rules. All parties are ordered to read and 3 to fully comply with the Chambers Rules and Mandatory Settlement Conference 4 Rules of Magistrate Judge Allison H. Goddard. 5 8. Despite the requirements of Civil Local Rule 16.1(f)(2), neither party is 6 required to file a Memorandum of Contentions of Fact and Law at any time. The parties 7 shall instead focus their efforts on drafting and submitting a proposed pretrial order by the 8 time and date specified by Civil Local Rule 16.1(f)(6)(b). The proposed pretrial order shall 9 comply with Civil Local Rule 16.1(f)(6) and the Standing Order in Civil Cases issued by 10 the assigned district judge. 11 9. Counsel shall comply with the pre-trial disclosure requirements of Fed. R. 12 Civ. P. 26(a)(3) by October 28, 2024. Failure to comply with these disclosure requirements 13 could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37. 14 10. Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by 15 November 4, 2024. At this meeting, counsel shall discuss and attempt to enter into 16 stipulations and agreements resulting in simplification of the triable issues. Counsel shall 17 exchange copies and/or display all exhibits other than those to be used for impeachment. 18 The exhibits shall be prepared in accordance with Local Rule 16.1(f)(4)(c). Counsel shall 19 note any objections they have to any other parties’ Pretrial Disclosures under Fed. R. Civ. 20 P. 26(a)(3). Counsel shall cooperate in the preparation of the proposed pretrial conference 21 order. 22 11. Counsel for plaintiff will be responsible for preparing the pretrial order and 23 arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By 24 November 12, 2024, plaintiff’s counsel must provide opposing counsel with the proposed 25 pretrial order for review and approval. Opposing counsel must communicate promptly 26 with plaintiff’s attorney concerning any objections to form or content of the pretrial order, 27 and both parties shall attempt promptly to resolve their differences, if any, concerning the 28 order. 6 3:23-cv-00793-LAB-AHG Case 3:23-cv-00793-LAB-AHG Document 13 Filed 09/21/23 PageID.84 Page 7 of 7 1 12. The Proposed Final Pretrial Conference Order, including objections to any 2 other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and 3 lodged with the assigned district judge by November 18, 2024, and shall be in the form 4 prescribed in and comply with Local Rule 16.1(f)(6). 5 6 7 8 9 10 11 12 13 13. The final Pretrial Conference is scheduled on the calendar of the Honorable Larry Alan Burns on November 25, 2024 at 12:00 p.m. 14. The parties must review the chambers’ rules for the assigned district judge and magistrate judge. 15. A post trial settlement conference before a magistrate judge may be held within 30 days of verdict in the case. 16. The dates and times set forth herein will not be modified except for good cause shown. 17. Briefs or memoranda in support of or in opposition to any pending motion 14 shall not exceed twenty-five (25) pages in length without leave of a district court judge. 15 No reply memorandum shall exceed ten (10) pages without leave of a district court judge. 16 Briefs and memoranda exceeding ten (10) pages in length shall have a table of contents 17 and a table of authorities cited. 18 19 20 21 18. Plaintiffs’ counsel shall serve a copy of this order on all parties that enter this case hereafter. IT IS SO ORDERED. Dated: September 21, 2023 22 23 24 25 26 27 28 7 3:23-cv-00793-LAB-AHG
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