Thompson v. Government Employees Insurance Company

[9] 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA [12] 13 KERRISSA THOMPSON, Case No.: 24-cv-02067-W-JLB 14 Plaintiff, ORDER GRANTING IN PART 15 v. JOINT MOTION TO CONTINUE DISCOVERY CUTOFF AND 16 GOVERNMENT EMPLOYEES MODIFY SCHEDULING ORDER INSURANCE COMPANY dba GEICO, [17] Defendant. [ECF No. 12] [20] 21 Before the Court is a Joint Motion to Continue Discovery Cutoff and Modify 22 Scheduling Order. (ECF No. 12.) On March 26, 2025, the Court held a telephonic, 23 counsel-only Status Conference to discuss the Joint Motion. (ECF No. 14.) For the reasons 24 stated during the conference, the Joint Motion is GRANTED IN PART, and the 25 Scheduling Order (ECF No. 11) is modified as follows: 26 1. The Court understands that parties to litigation often enter into stipulations 27 that a trade secret or other confidential research, development, or commercial information 28 not be revealed or be revealed only in specified way. Any motion for a protective order 1 entering such stipulation(s) in this case shall be filed as a joint motion no later than 2 April 2, 2025, and comply with § VI of Magistrate Judge Jill L. Burkhardt’s Civil 3 Chambers Rules. The parties may use Judge Burkhardt’s model protective order, which is 4 available on the Court’s website under her Chambers Rules.1 5 2. The deadline to complete fact discovery is extended to June 30, 2025 for the 6 purpose of taking depositions. No additional written discovery is to be propounded. 7 “Complete” 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. 12 Counsel shall promptly and in good faith meet and confer with regard to all 13 discovery disputes in compliance with Civil Local Rule 26.1.a. The Court expects 14 counsel to make every effort to resolve all disputes without court intervention through the 15 meet and confer process. Discovery disputes must be brought to the Court’s attention in 16 the time and manner required by § V of Judge Burkhardt’s Civil Chambers Rules. All 17 discovery disputes must be raised within 30 calendar days of the service of an 18 objection, answer, or response that becomes the subject of dispute, or the passage of a 19 discovery due date without response or production, and only after counsel (and any 20 unrepresented parties) have met and conferred to resolve the dispute. See J. Burkhardt Civ. 21 Chambers R. § V. A failure to comply in this regard will result in a waiver of a party’s 22 discovery issue. Absent an order of the court, no stipulation continuing or altering 23 this requirement will be recognized by the court. 24 3. The parties shall designate their respective experts in writing by 25 July 28, 2025. Pursuant to Fed. R. Civ. P. 26(a)(2)(A), the parties must identify any person [27] 1 https://www.casd.uscourts.gov/Judges/burkhardt/docs/Burkhardt%20Model [28] 1 who may be used at trial to present evidence pursuant to Rules 702, 703 or 705 of the Fed. 2 R. Evid. This requirement is not limited to retained experts. The date for exchange of 3 rebuttal experts shall be by August 11, 2025. The written designations shall include the 4 name, address and telephone number of the expert and a reasonable summary of the 5 testimony the expert is expected to provide. The list shall also include the normal rates the 6 expert charges for deposition and trial testimony. 7 4. By September 8, 2025, each party shall comply with the disclosure provisions 8 in Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure 9 requirement applies to all persons retained or specially employed to provide expert 10 testimony, or whose duties as an employee of the party regularly involve the giving of 11 expert testimony. Except as provided in the paragraph below, any party that fails to 12 make these disclosures shall not, absent substantial justification, be permitted to use 13 evidence or testimony not disclosed at any hearing or at the time of trial. In addition, 14 the Court may impose sanctions as permitted by Fed. R. Civ. P. 37(c). 15 5. Any party shall supplement its disclosure regarding contradictory or rebuttal 16 evidence under Federal Rules of Civil Procedure 26(a)(2)(D) and 26(e) by 17 September 22, 2025. 18 6. All expert discovery shall be completed by all parties by October 20, 2025. 19 The parties shall comply with the same procedures set forth in the paragraph governing 20 fact discovery. 21 7. Failure to comply with this section or any other discovery order of the court 22 may result in the sanctions provided for in Fed. R. Civ. P. 37, including a prohibition on 23 the introduction of experts or other designated matters in evidence. 24 8. All other pretrial motions must be filed by November 17, 2025. Counsel for 25 the moving party must obtain a motion hearing date from the law clerk of the judge who 26 will hear the motion. The period of time between the date you request a motion date and 27 the hearing date may vary from one district judge to another. Please plan accordingly. 28 Failure to make a timely request for a motion date may result in the motion not being heard. 1 Motions in limine are to be filed as directed in the Local Rules, or as otherwise set by the 2 district judge. 3 9. A Mandatory Settlement Conference (“MSC”) will be held by video 4 conference2 on November 5, 2025 at 1:45 PM before Magistrate Judge Jill L. 5 Burkhardt. Mandatory directions for participating in the MSC by video conference 6 are attached hereto. The purpose of the MSC is to permit an informal, candid discussion 7 between the attorneys, parties, and the settlement judge of every aspect of the lawsuit in an 8 effort to achieve a mediated resolution of the case. All MSC discussions will be off the 9 record, privileged, and confidential. See CivLR 16.3.h. 10 Pursuant to Civil Local Rule 16.3, all party representatives and claims adjusters for 11 insured defendants with full and unlimited authority3 to negotiate and enter into a binding 12 settlement, as well as the principal attorney(s) responsible for the litigation, must be present 13 and legally and factually prepared to discuss and resolve the case at the MSC. In the case 14 of an entity, an authorized representative of the entity who is not retained outside counsel 15 must be present and must have discretionary authority to commit the entity to pay an 16 amount up to the amount of the Plaintiff’s prayer (excluding punitive damages prayers). [17] 18 2 If any party believes the MSC is more likely to be successful if conducted in-person, 19 that party shall meet and confer on the issue with the other parties. After meeting and conferring, and no later than 60 days before the MSC, the parties shall leave a joint [20] voicemail with chambers at (619) 557-6624 indicating which of the parties requests an in21 person MSC. In the voicemail, the parties shall leave three mutually available dates for a telephonic status conference to discuss whether the MSC should be held in-person. The [22] final decision will be made by the Court. 23 3 “Full authority to settle” means that the individuals at the settlement conference must be authorized to fully explore settlement options and to agree at that time to any settlement [24] terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 25 648 (7th Cir. 1989). The person needs to have “unfettered discretion and authority” to change the settlement position of a party. Pitman v. Brinker Int’l., Inc., 216 F.R.D. 481 , [26] 485–86 (D. Ariz. 2003). The purpose of requiring a person with unlimited settlement 27 authority to attend the conference includes that the person’s view of the case may be altered during the face-to-face conference. Id. at 486 . A limited or a sum certain of authority is [28] 1 The purpose of this requirement is to have representatives present who can settle the case 2 during the course of the conference without consulting a superior. 3 Counsel for a United States government entity may be excused from this 4 requirement so long as the government attorney who attends the MSC conference (1) has 5 primary responsibility for handling the case, and (2) may negotiate settlement offers which 6 the attorney is willing to recommend to the government official having ultimate settlement 7 authority. 8 Failure to attend the MSC or obtain proper excuse will be considered grounds 9 for sanctions. 10 10. No later than 21 days before the MSC, the parties shall exchange formal 11 settlement proposals, as required by § III.A. of Judge Burkhardt’s Civil Chambers Rules. 12 No later than 14 days before the MSC, the parties shall meet and confer in person or 13 telephonically, as required by § III.B. of Judge Burkhardt’s Civil Chambers Rules. 14 11. No later than October 27, 2025, counsel (and any unrepresented parties) shall 15 lodge confidential MSC statements with Judge Burkhardt’s chambers via e-mail at 16 efile_Burkhardt@casd.uscourts.gov. The parties’ MSC statements shall comply with § 17 III.C. of Judge Burkhardt’s Civil Chambers Rules. 18 12. Pursuant to Civil Local Rule 7.1.f.3.c, if an opposing party fails to file 19 opposition papers in the time and manner required by Civil Local Rule 7.1.e.2, that failure 20 may constitute a consent to the granting of a motion or other request for ruling by the court. 21 Accordingly, all parties are ordered to abide by the terms of Civil Local Rule 7.1.e.2 or 22 otherwise face the prospect of any pretrial motion being granted as an unopposed motion 23 pursuant to Civil Local Rule 7.1.f.3.c. Should either party choose to file or oppose a motion 24 for summary judgment or partial summary judgment, no Separate Statement of Disputed 25 or Undisputed Facts is required. 26 13. Despite the requirements of Civil Local Rule 16.1.f.2, neither party is required 27 to file a Memorandum of Contentions of Fact and Law at any time. The parties shall instead 28 focus their efforts on drafting and submitting a proposed pretrial order by the time and date 1 specified by Civil Local Rule 16.1.f.6.b. The proposed pretrial order shall comply with 2 Civil Local Rule 16.1.f.6 and the Standing Order in Civil Cases issued by the assigned 3 district judge. 4 14. Counsel shall comply with the pre-trial disclosure requirements of Fed. R. 5 Civ. P. 26(a)(3) by February 18, 2026. Failure to comply with these disclosure 6 requirements could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 7 37. 8 15. Counsel shall meet and take the action required by Civil Local Rule 16.1.f.4 9 by February 25, 2026. At this meeting, counsel shall discuss and attempt to enter into 10 stipulations and agreements resulting in simplification of the triable issues. Counsel shall 11 exchange copies and/or display all exhibits other than those to be used for impeachment. 12 The exhibits shall be prepared in accordance with Civil Local Rule 16.1.f.4.c. Counsel 13 shall note any objections they have to any other parties’ Pretrial Disclosures under Fed. R. 14 Civ. P. 26(a)(3). Counsel shall cooperate in the preparation of the proposed pretrial 15 conference order. 16 16. Counsel for Plaintiff will be responsible for preparing the pretrial order and 17 arranging the meetings of counsel pursuant to Civil Local Rule 16.1.f. By March 4, 2026, 18 Plaintiff’s counsel must provide opposing counsel with the proposed pretrial order for 19 review and approval. Opposing counsel must communicate promptly with Plaintiff’s 20 attorney concerning any objections to form or content of the pretrial order, and both parties 21 shall attempt promptly to resolve their differences, if any, concerning the order. 22 17. The Proposed Final Pretrial Conference Order, including objections to any 23 other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and 24 lodged with the assigned district judge by March 11, 2026, and shall be in the form 25 prescribed in and comply with Civil Local Rule 16.1.f.6. 26 /// 27 /// 28 /// 1 18. In addition to submitting the proposed final pretrial conference order, the 2 parties are further ordered to separately submit informal letter briefs, not exceeding two 3 single spaced pages, served on opposing counsel and received in the chambers of Judge 4 Thomas J. Whelan, United States District Judge (and not filed with the Clerk’s Office) by 5 2:30 PM on March 18, 2026. 6 The letter brief should be a relatively informal and straightforward document. The 7 letter brief should outline a short, concise and objective factual summary of the party’s case 8 in chief, the number of hours/days each party intends to expend at trial, the approximate 9 number of witnesses, whether certain witnesses will be coming in from out of town, the 10 number of testifying expert witnesses, whether any unique demonstrative exhibits may be 11 presented, the number of proposed motions in limine that may be filed, precisely when the 12 parties would be prepared to submit their in limine papers (and whether the parties have 13 met and conferred with respect to in limine issues), the issue of proposed jury instructions 14 and when the parties intend to submit them before trial, and voir dire issues, either party’s 15 preference as to what date(s) the trial should begin and any other pertinent information that 16 either party may deem useful to assist the Court in the execution of the pretrial conference 17 and in setting the matter for trial. 18 19. The final Pretrial Conference is scheduled on the calendar of the Honorable 19 Thomas J. Whelan on March 25, 2026 at 10:30 AM 20 20. The parties must review the chambers’ rules for the assigned district judge 21 and magistrate judge. 22 21. A post trial settlement conference before a magistrate judge may be held 23 within 30 days of verdict in the case. 24 22. The dates and times set forth herein will not be modified except for good cause 25 shown. 26 /// 27 /// 28 /// 1 23. Briefs or memoranda in support of or in opposition to any pending motion 2 not exceed twenty-five pages in length without leave of a district court judge. No 3 ||reply memorandum shall exceed ten pages without leave of a district court judge. Briefs 4 ||and memoranda exceeding ten pages in length shall have a table of contents and a table of 5 || authorities cited. 6 24. Plaintiff's counsel shall serve a copy of this order on all parties that enter this 7 || case hereafter. 8 IT IS SO ORDERED. 9 || Dated: March 26, 2025 - n. Jill L. Burkhardt ited States Magistrate Judge [28] 1 Mandatory Directions for Zoom Video Conference Participation 2 1. The Court will use its official ZoomGov video conferencing account to hold 3 the MSC. IF YOU ARE UNFAMILIAR WITH ZOOM: Zoom is available on 4 computers through a download on the Zoom website (https://zoom.us/meetings) or on 5 mobile devices through the installation of a free app.4 Joining a Zoom conference does not 6 require creating a Zoom account, but it does require downloading the .exe file (if using a 7 computer) or the app (if using a mobile device). Participants are encouraged to create an 8 account, install Zoom and familiarize themselves with Zoom in advance of the MSC.5 9 There is a cost-free option for creating a Zoom account. 10 2. Prior to the start of the MSC, the Court will e-mail each MSC participant an 11 invitation to join a Zoom video conference. Again, if possible, participants are encouraged 12 to use laptops or desktop computers for the video conference, as mobile devices often offer 13 inferior performance. Because Zoom may quickly deplete the battery of a participant’s 14 device, each participant should ensure that her or his device is plugged in or that a charging 15 cable is readily available during the video conference. Participants shall join the video 16 conference by following the ZoomGov Meeting hyperlink in the invitation. Participants 17 who do not have Zoom already installed on their device when they click on the 18 ZoomGov Meeting hyperlink will be prompted to download and install Zoom before 19 proceeding. Zoom may then prompt participants to enter the password included in the 20 invitation. All participants will be placed in a waiting room until the MSC begins. 21 3. Each participant should plan to join the Zoom video conference at least 22 5 minutes before the start of the MSC to ensure that the MSC begins on time. 23 4. Zoom’s functionalities will allow the Court to conduct the MSC as it 24 ordinarily would conduct an in-person MSC. That is, the Court will begin the MSC with [25] 26 4 If possible, participants are encouraged to use laptops or desktop computers for the 27 video conference, as mobile devices often offer inferior performance. 5 For help getting started with Zoom, visit: https://support.zoom.us/hc/en28 1 all participants joined together in a main session. After an initial discussion in the main 2 session, the Court will divide participants into separate, confidential sessions, which Zoom 3 calls Breakout Rooms.6 In a Breakout Room, the Court will be able to communicate with 4 participants from a single party in confidence. Breakout Rooms will also allow parties and 5 counsel to communicate confidentially without the Court. 6 5. As previously stated, MSCs are confidential court proceedings. All attendees 7 must participate from a private and stable location where no individual who is not a party, 8 a party representative, or an attorney for a party can overhear the proceedings. All 9 attendees must be prepared to devote their full attention to the MSC as if they were 10 attending in person. This means that attendees must clear their schedules of all conflicts 11 for the entire period of the MSC.7 Attendees may not participate from a moving car or a 12 public space. 13 6. All participants are expected to display the same level of professionalism and 14 civility as they would at an in-person court proceeding. See CivLR 2.1; J. Burkhardt’s Civ. 15 Chambers R. § I. 16 /// [26] 27 6 For more information on what to expect when participating in a Zoom Breakout Room, visit: https://support.zoom.us/hc/en-us/articles/115005769646