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2nd Item
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
DAVID ANDERSON, LT. COL., ET
AL,
Plaintiff(s),
v.
CHRISTOPHER COX, ET AL,
Defendant(s).

CASE NO. SACV 10-31-JVS(MLGx)
ORDER SETTING RULE 26(f)
SCHEDULING CONFERENCE
Date: APRIL 26, 2010
Time: 10:30 A.M.
_______________________________)
This case has been assigned to Judge James V. Selna. If plaintiff has
not already served the complaint (or any amendment thereto) on all defendants,
plaintiff shall promptly do so and shall file proofs of service within three days
thereafter. Defendants also shall timely serve and file their responsive pleadings
and file proofs of service within three days thereafter.
This matter is set for a scheduling conference on the above date. The
conference will be held pursuant to Fed.R.Civ.P., Rule 16(b). The parties are
reminded of their obligations under Fed.R.Civ.P., Rule 26(a)(1) to disclose
information (without awaiting a discovery request) and under Rule 26(f) to confer
on a discovery plan not later than twenty-one (21) days prior to the scheduling
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conference and to file a Joint Rule 26(f) Report not later than fourteen (14) days
after they confer. Failure to comply with the following requirements or to
cooperate in the preparation of the Joint Rule 26(f) Report may lead to the
imposition of sanctions.
Unless there is a likelihood that upon motion by a party the
Court would order that any or all discovery is premature, it is advisable for
counsel to begin to conduct discovery actively before the Scheduling
Conference. At the very least, the parties shall comply fully with the letter
and spirit of Rule 26(a) and thereby obtain and produce most of what would
be produced in the early stage of discovery.
1. Joint Rule 26(f) Report.
The Joint Rule 26(f) Report, which shall be filed not later than one
week before the scheduling conference, shall be drafted by plaintiff (unless the
parties agree otherwise), but shall be submitted and signed jointly. “Jointly”
contemplates a single report, regardless of how many separately-represented
parties there are. The Joint Rule 26(f) Report shall report on all matters
enumerated below, which include those required to be discussed by Rule 26(f) and
Local Rule 26:
a. Synopsis: a short synopsis (not to exceed two pages) of the main
claims, counterclaims, and/or affirmative defenses.
b. Legal issues: a brief description of the key legal issues.
c. Damages: the realistic range of provable damages.
d. Insurance: whether there is insurance coverage, the extent of
coverage, and whether there is a reservation of rights.
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e. Motions: a statement of the likelihood of motions seeking to (I) add
other parties or claims or (ii) file amended pleadings or (iii) transfer
venue.
f. Discovery and experts: pursuant to Rule 26(f), state what, if any,
changes in the disclosures under R. 26(a) should be made; the
subjects on which discovery may be needed and whether discovery
should be conducted in phases or otherwise be limited; what
discovery has been conducted thus far; whether applicable limitations
should be changed or other limitations imposed; and whether the
Court should enter other orders. Please state how many depositions
each side will conduct. Also discuss the proposed time of expert
witness disclosures under F.R.Civ.P. 26(a)(2).
g. Dispositive motions: a description of the issues or claims that any
party believes may be determined by motion for summary judgment
or motion in limine.
h. Settlement and settlement mechanism: a statement of what
settlement discussions and/or written communications have occurred
(specifically excluding any statement of the terms discussed) and a
statement pursuant to the Local Rule 16-15.4 selecting a settlement
mechanism under that rule.
i. Trial estimate: a realistic estimate of the time required for trial and
whether trial will be by jury or by court. Each side should specify
(by number, not by name) how many witnesses it contemplates
calling. If the time estimate for trial given in the Rule 26(f) Joint
Report exceeds eight court days, counsel shall be prepared to discuss
in detail the estimate.
j. Timetable: complete of the Presumptive Schedule of Pretrial Dates
form attached as Exhibit A to this Order and attach it to the Rule
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26(f) report. Submission of a completed Exhibit A is mandatory. The
current entries in the “Weeks Before Trial” column merely reflect
what the Court believes are appropriate for many, if not most, cases;
those entries are not necessarily applicable to this case, and the form
is designed to enable counsel to request the Court to set different last
dates by which the key requirements must be completed. Each side
should write in the month, day and year it requests for each event.
E.g., for the expert discovery cut-off it might be “10/7/02" for
plaintiff and “10/28/02" for defendant, if they cannot agree. At the
conference, the Court will review this form with counsel. Each entry
proposing dates shall fall on a Monday, except the trial date which is
a Tuesday. In appropriate cases the Court will order different dates
after it hears from Counsel. The proposed non-expert and expert
discovery cut-off date means: the last day by which all depositions
must be completed and responses to all previously-served written
discovery must be provided. The proposed cut-off date for motions
means: the last date on which motions may be heard, not noticed.
k. Other issues: a statement of any other issues affecting the status or
management of the case (e.g., unusually complicated technical or
technological issues, disputes over protective orders, extraordinarily
voluminous document production, non-English speaking witnesses,
discovery in foreign jurisdictions, etc.).
l. Conflicts: for conflict purposes, corporate parties must identify all
subsidiaries, parents and affiliates.
m. Patent cases: propose dates and methodology for claim construction
and Markman hearings. The Court requires the parties to file
concurrent opening briefs and concurrent reply briefs for the hearing.
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The Court intends to follow the rule for patent cases which have been
adopted by the Northern District of California.
n. Magistrates: Do the parties wish to have a Magistrate Judge preside?
Under 28 U.S.C. § 636, the parties may consent to have a Magistrate
Judge preside over all the proceedings, not just discovery. They may
pick any Magistrate Judge (not just the one assigned to this case)
from among those Magistrate Judges who accept these designations.
(They are identified on the Central District’s website, which also
contains the consent form.)
The Joint Rule 26(f) Report should set forth the above enumerated information
under section headings corresponding to this Order.
2. Scheduling Conference.
Scheduling Conferences will be held in the Ronald Reagan Building,
411 West Fourth Street, Court Room 10C, Santa Ana. Counsel shall comply with
the following:
a. Participation. The lead trial attorney must attend the Scheduling
Conference, unless excused for good cause shown in advance of the
Scheduling Conference.
b. Continuance. A continuance of the Scheduling Conference will be
granted only for good cause.
3. Protective Orders.
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If you seek a protective order, propose it to opposing counsel before
the Scheduling Conference, if at all possible. Protective Orders are considered by
the Magistrate Judge assigned in this action.
4. Notice to be Provided by Counsel.
Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s
counsel, shall provide this Order to any parties who first appear after the date of
this Order and to parties who are known to exist but have not yet entered
appearances.
5. Disclosures to Clients.
Counsel are ordered to deliver to their respective clients a copy of
this Order and of the Court’s Scheduling and Case Management Order, which
contains the schedule that the Court sets at the Scheduling Conference.
6. Court’s Website.
Copies of this and all other orders of this Court that may become
applicable to this case are available on the Central District of California website,
at “www.cacd.uscourts.gov,” under “Judge’s Procedures and Schedules.” Copies
of the Local Rules are available on the website.1
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The Court thanks the parties and their counsel for their anticipated
cooperation in carrying out these requirements.
IT IS SO ORDERED.
Dated: __March 25, 2010_ ____________________________
James V. Selna
United States District Judge
Copies to:
All Counsel of Record
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