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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
James J. Braddock,
Plaintiff(s),
v.
Angelina Jolie, et al.,
Defendant(s).
_______________________________
Case No. CV 12-5883-DMG(VBKx)
SCHEDULING MEETING OF
COUNSEL
[Fed. R. Civ. P. 16, 26(f)]
SCHEDULING CONFERENCE
set for November 9, 2012 at
11:00 a.m.
[Fed. R. Civ. P.16]
This case has been assigned to the calendar of United States District Judge
Dolly M. Gee. The responsibility for the progress of litigation in the federal courts
falls not only upon the attorneys in the action, but upon the court as well.
In order “to secure the just, speedy, and inexpensive determination of every
action,” (Fed. R. Civ. P. 1), all counsel are hereby ordered to familiarize
themselves with the Federal Rules of Civil Procedure and the Local Rules of the
Central District of California.
Case 2:12-cv-05883-DMG-VBK Document 80 Filed 09/17/12 Page 1 of 6 Page ID #:352
A Scheduling Conference is set for the date and time set forth in the
caption.1 Counsel shall meet at least twenty-one (21) days in advance of the
Scheduling Conference to prepare a jointly signed report for the court to be
submitted no less than fourteen (14) days before the Scheduling Conference. The
report is to contain the items set forth below. Pursuant to Fed. R. Civ. P. 16(c), the
parties shall be represented by counsel with authority to enter into stipulations
regarding all matters pertaining to conduct of the case.
The joint report to be submitted shall contain the items listed in Fed. R. Civ.
P. 26(f), the parties’ recommendations and agreements, if any, about the final
scheduling order as listed in Fed. R. Civ. P. 16(b)(1) through (6), and those items
listed in Fed. R. Civ. P. 16(c) which counsel believe will be useful to discuss at the
Scheduling Conference. Items which must be addressed are the following:
(1) initial disclosures, preservation of
discoverable information, and a discovery
plan, including a listing and proposed
schedule of written discovery, depositions,
and a proposed discovery cut-off date;
(2) a listing and proposed schedule of law and
motion matters, and a proposed dispositive
motion cut-off date;
(3) a statement of what efforts have been made
to settle or resolve the case to date and what
settlement procedure is recommended
pursuant to Local Rule 16-15.4 (specifically
excluding any statement of the terms
discussed);
(4) an estimated length of trial and a proposed
date for the final pretrial conference and for
trial;
1 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 required by Fed. R. Civ. P. 16(b). At the very least, the
parties shall comply fully with the letter and spirit of Fed. R. Civ. P. 26(a) and thereby obtain
and produce most of what would be produced in the early stage of discovery, because at the
Scheduling Conference the Court will impose tight deadlines to complete discovery.
2
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(5) a discussion of other parties likely to be
added;
(6) whether trial will be by jury or to the court;
(7) any other issues affecting the status or
management of the case; and
(8) proposals regarding severance, bifurcation or other
ordering of proof.
In addition, the Scheduling Conference Report shall contain the following:
(1) a short synopsis of the principal issues in the
case;
(2) a statement of whether pleadings are likely
to be amended;
(3) a statement as to issues which any party
believes may be determined by motion.
At the Scheduling Conference, the court will set a date for discovery cutoff,
2 a final date by which motions must be filed and served, a final pretrial
conference date, and a trial date.
To facilitate the scheduling process, counsel shall complete the Schedule of
Pretrial and Trial Dates form attached as Exhibit A to this Order and attach
it to the Joint Rule 26(f) Report. The Court urges the parties to make every
effort to agree upon joint dates and deadlines. The entries in the “Time
Computation” column reflect what the Court believes are appropriate for most
cases and will allow the Court to rule on potentially dispositive motions
sufficiently in advance of the final pretrial conference. The form is designed to
2 This is not the date by which discovery requests must be served; but the date by which
all discovery is to be completed. Any motion challenging the adequacy of discovery responses
must be filed timely, served and calendared sufficiently in advance of the discovery cut-off date
to permit the responses to be obtained before that date, if the motion is granted. The Court
requires compliance with Local Rule 37-1 and 37-2 in the preparation and filing of discovery
motions. Except in the case of an extreme emergency which was not created by the lawyer
bringing the motion, discovery motions may not be heard on an ex parte basis.
3
enable counsel to ask the Court to set different (earlier) last dates by which the key
requirements must be completed.
A continuance of the Scheduling Conference will be granted only for good
cause. The failure to submit a joint report in advance of the Scheduling
Conference or the failure to attend the Scheduling Conference may result in
the dismissal of the action, striking the answer and entering a default, and/or
the imposition of sanctions.
An alternative dispute resolution (ADR) procedure appropriate to the
particular case will be used in every civil action pursuant to Local Rule 16-15.1.
In the Scheduling Conference Report, counsel are to recommend a specific ADR
procedure provided for in Local Rule 16-15 which will be utilized in this case. See
L.R. 26-1(c). If counsel have received a Notice to Parties of Court-Directed ADR
Program (ADR-08), the case will be presumptively referred to the Court Mediation
Panel or to private mediation. See General Order 11-10, § 5.1. Nonetheless,
available alternatives for consideration, not to the exclusion of others, include:
(1) a settlement conference before the
magistrate or district judge assigned to this
case (Local Rule 16-15.4(1));
(2) appearance before an attorney selected from
the Attorney Settlement Officer Panel (Local
Rule 16-15.4(2));
(3) appearance before a retired judicial officer
or other private or non-profit dispute
resolution body for non-judicial settlement
or mediation proceedings (Local Rule 16-
15.4(3));
(4) such other settlement mechanism proposed
by the parties and approved by the court.
The report to the court as to the above items should be preceded by a
thorough and frank discussion among the attorneys for the parties. A Joint
Scheduling Report which does not comply with Fed. R. Civ. P. 16, 26(f), and this
Order may cause continuance of the Scheduling Conference and a possible award
4
of sanctions under Rule 16(f) against the party or parties responsible. A
conformed courtesy copy of the Joint Report shall be delivered to the Courtroom
Deputy Clerk at the Clerk’s Office, Room G-19, by 12:00 p.m. on the business
day following e-filing.
Counsel for plaintiff shall immediately serve this Order on all parties,
including any new parties to the action.
The Court appreciates Counsel’s anticipated cooperation and compliance
with this Order.
IT IS SO ORDERED.
DATED: September 17, 2012 ______________________________
DOLLY M. GEE
United States District Judge
5
Case 2:12-cv-05883-DMG-VBK Document 80 Filed 09/17/12 Page 5 of 6 Page ID #:356
Judge Dolly M. Gee
SCHEDULE OF PRETRIAL & TRIAL DATES WORKSHEET
Case No. Case
Name:
MATTER JOINT REQUESTED DATE or
PLNTF/DEFT REQUESTED
DATE
TIME
TRIAL [ ] Court [ ] Jury
Duration Estimate: (Tuesday)
8:30 a.m.
FINAL PRETRIAL CONFERENCE (“FPTC”)
4 wks before trial (Tuesday)
2:00 p.m.
MATTER TIME COMPUTATION JOINT REQUESTED
DATE or
PLNTF/DEFT
REQUESTED DATE
Amended Pleadings and Addition of Parties Cut-Off
(includes hearing of motions to amend)
90 days after scheduling conf
Non-Expert Discovery Cut-Off
(includes hearing of discovery motions)
at least 14 wks before FPTC
Motion Cut-Off (filing deadline) at least 13 wks before FPTC
Initial Expert Disclosure & Report Deadline at least 9 wks before FPTC
Rebuttal Expert Disclosure & Report Deadline at least 5 wks before FPTC
Expert Discovery Cut-Off (includes hearing of discovery
motions)
at least 3 wks before FPTC
Settlement Conference Completion Date at least 4 wks before FPTC
Motions in Limine Filing Deadline at least 3 wks before FPTC
Opposition to Motion in Limine Filing Deadline at least 2 wks before FPTC
Other Dates: (e.g., class cert motion cut-off, early
mediation, etc.)
at least 90 days after
complaint served (unless
longer time justified)
EXHIBIT A
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