Rocha v. Ford Motor Company

[7] 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA [10] 11 GRECIA M. ROCHA, an individual, Case No.: 3:24-cv-01543-GPC-VET 12 Plaintiff, ORDER GRANTING IN PART 13 v. JOINT MOTION AND ISSUING AMENDED SCHEDULING ORDER 14 FORD MOTOR COMPANY, a Delaware Corporation, and DOES 1 through 10, 15 [Doc. No. 13] inclusive, [16] Defendants. [18] 19 Before the Court is the parties’ Joint Stipulation to Amend the October 31, 2024, 20 Civil Scheduling Order (ECF No. 8) (“Joint Motion”)1. Doc. No. 13. For the reasons stated 21 below, the Court GRANTS IN PART the Joint Motion and ISSUES an Amended 22 Scheduling Order. 23 I. JOINT MOTION AND PROCEDURAL BACKGROUND 24 On October 31, 2024, the Court issued the initial Scheduling Order Regulating 25 Discovery and Other Pre-Trial Proceedings. Doc. No. 8. On April 4, 2025, the parties filed [27] 1 Pursuant to Local Rule 7.2(b), all stipulations must be filed as a joint motion. CivLR [28] 1 the instant Joint Motion, proposing to extend all deadlines by 6 months. Doc. No. 8. On 2 April 14, 2025, the Court held a hearing on the Joint Motion. At the hearing, the parties 3 described the obstacles with meeting the current deadlines despite diligence. In response 4 to inquiries from the Court, the parties conceded that a 6-month extension was longer than 5 necessary to complete discovery. 6 II. LEGAL STANDARD 7 In determining whether to modify a scheduling order, the Court considers the “good 8 cause” standard set forth in Federal Rule of Civil Procedure 16(b)(4). Fed. R. Civ. P. 9 16(b)(4). Pursuant to Rule 16(b)(4), a “schedule may be modified only for good cause and 10 with the judge’s consent.” Id. (emphasis added); Zivkovic v. S. Cal. Edison Co., 302 F.3d 11 1080, 1087 (9th Cir. 2002). Rule 16(b)(4)’s “good cause” standard “primarily considers 12 the diligence of the party seeking the amendment.” Learjet, Inc. v. Oneok, Inc. (In re W. 13 States Wholesale Natural Gas Antitrust Litig.), 715 F.3d 716, 737 (9th Cir. 2013). “The 14 district court may modify the pretrial schedule ‘if it cannot reasonably be met despite the 15 diligence of the party seeking the extension.’” Johnson v. Mammoth Recreations, Inc., 975 16 F.2d 604, 609 (9th Cir. 1992) (citing to Fed. R. Civ. P. 16 advisory committee’s notes on 17 the 1983 amendment); see also Zivkovic, 302 F.3d at 1087 ; 6A Wright, Miller & Kane, 18 Federal Practice and Procedure § 1522.1 at 231 (2d ed. 1990) (“good cause” means 19 scheduling deadlines cannot be met despite party’s diligence). “[C]arelessness is not 20 compatible with a finding of diligence and offers no reason for a grant of relief.” Johnson, 21 975 F.2d at 609. The focus of the inquiry is upon the moving party’s reasons for seeking 22 modification. Id. “If the moving party was not diligent, the inquiry should end.” Id.; Branch 23 Banking & Tr. Co. v. D.M.S.I., LLC, 871 F.3d 751, 764 (9th Cir. 2017) (same). 24 Further, Civil Local Rule 16.1(b) requires that all counsel “proceed with diligence 25 to take all steps necessary to bring an action to readiness for trial.” Civ.LR 16.1(b). 26 Similarly, this Court’s Civil Chambers Rules require that any motion to continue a 27 scheduling order deadline include a showing of good cause, supported by a “declaration [28] 1 from counsel that details steps taken by the Parties to meet current deadlines and reasons 2 why the Parties can no longer meet those deadlines.” J. Torres Civ. Chambers R. VI.D. 3 III. DISCUSSION 4 The basis for the parties’ request stems primarily from a need to complete a Rule 5 30(b)(6) deposition of Defendant and the Plaintiff’s deposition, which has been delayed 6 due to Plaintiff’s pregnancy. While it appears that good cause exists for extending current 7 case deadlines, the Court is not persuaded, and the parties offered no argument to support, 8 a 6-month delay in all case deadlines. Based on a review of the Joint Motion and record, 9 and good cause appearing, the Court GRANTS IN PART the Joint Motion. 10 IV. AMENDED SCHEDULING ORDER 11 The Court AMENDS the operative scheduling order (Doc. No. 8) as follows: 12 1. All fact discovery shall be completed by all parties by June 30, 2025. 13 “Completed” means that all discovery under Fed. R. Civ. P. 30-36, and discovery 14 subpoenas under Fed. R. Civ. P. 45, must be initiated a sufficient period of time in advance 15 of the cut-off date, so that it may be completed by the cut-off date, taking into account the 16 times for service, notice, and response as set forth in the Federal Rules of Civil Procedure. 17 Counsel shall promptly and in good faith meet and confer regarding all discovery disputes 18 in compliance with Local Rule 26.1(a). The Court expects counsel to make every effort to 19 resolve all disputes without court intervention through the meet and confer process. If the 20 parties reach an impasse on any discovery issue, counsel shall follow the procedures 21 governing discovery disputes set forth in Judge Torres’ Civil Chambers Rules. A failure 22 to comply in this regard will result in a waiver of a party’s discovery issue. Absent an 23 order of the Court, no stipulation continuing or altering this requirement will be 24 recognized by the Court. [28] 1 2. A Mandatory Settlement Conference (“MSC”) shall be conducted by Zoom 2 video conferencing on July 8, 2025 at 9:30 a.m. before Magistrate Judge Valerie E. 3 Torres.2 4 a. The following are mandatory procedures to be followed in preparation for 5 the MSC. Absent express permission from this Court, counsel must timely comply with 6 the dates and deadlines herein. Questions regarding the MSC or the mandatory guidelines 7 set forth herein may be directed to Judge Torres’ Chambers at (619) 557-6384. 8 b. Full Settlement Authority Required. Pursuant to Local Rule 16.1.c.1, all 9 parties, party representatives, including claims adjusters for insured parties, and the 10 principal attorney(s) responsible for the litigation must participate in the MSC.3 This 11 appearance must be made with full and complete authority to negotiate and enter into a 12 binding settlement.4 Counsel for a government entity is excused from this requirement if 13 the government attorney who participates in the MSC (i) has primary responsibility for 14 handling the case, and (ii) may negotiate settlement offers that the attorney is willing to 15 recommend to the government official having ultimate settlement authority. [17] 18 2 Counsel may request the MSC be converted to an in-person appearance through a joint 19 call or email to Judge Torres’ Chambers (efile_torres@casd.uscourts.gov). Counsel must meet and confer prior to making such a request. [20] 3 The attendance requirement includes parties that are indemnified by others. Any 21 deviation from this Order requires prior Court approval. 22 4 Full authority to settle means that the individuals at the MSC are authorized to fully explore settlement options and to agree at that time to any settlement terms acceptable [23] to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th 24 Cir. 1989). Party participants need 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 , [25] 485-486 (D. Ariz. 2003). One of the purposes of requiring a person with complete 26 settlement authority to attend the conference is that the person’s view of the case may be altered during the face-to-face conference. Id. at 486 . Limited or sum certain [27] authority is not adequate. Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 595-597 (8th 28 Cir. 2001). 1 c. Confidential Settlement Brief. No later than seven (7) calendar days 2 before the MSC, each party must lodge a Confidential Settlement Brief by email to 3 efile_torres@casd.uscourts.gov. The Confidential Settlement Brief should not exceed ten 4 (10) pages, excluding exhibits, and must be formatted according to the requirements of 5 Local Rule 5.1(a). Parties attaching exhibits must attach only the relevant pages of multi6 page exhibits and must highlight the relevant portions. 7 d. Contents of Settlement Brief. All Confidential Settlement Briefs shall 8 include the content specified in the Court’s Chambers Rules, available at 9 https://www.casd.uscourts.gov/Judges/torres/docs/Civil%20Chambers%20Rules.pdf. 10 e. Procedure for Zoom Videoconference. No less than two (2) business 11 days prior to the MSC, the Court will email counsel of record an invitation with the Zoom 12 meeting information. Participants can join the Zoom video conference by following the 13 ZoomGov Meeting hyperlink or using the meeting ID and password provided. Each 14 participant should plan to join the Zoom video conference at least five (5) minutes before 15 the start of the MSC. Counsel is responsible for ensuring their clients can participate in the 16 MSC. All participants must display the same level of professionalism and attention during 17 the MSC as if they were attending in person (e.g., not be driving while speaking to the 18 Court, or otherwise distracted). 19 3. The parties shall designate their respective experts in writing by July 30, 20 2025. The parties must identify any person who may be used at trial to present evidence 21 pursuant to Fed. R. Evid. 702, 703 or 705. This requirement is not limited to retained 22 experts. The parties shall designate rebuttal experts in writing by August 13, 2025. The 23 written expert designations shall include the name, address and telephone number of the 24 expert and a reasonable summary of the testimony the expert is expected to provide, 25 including any summary of facts and opinions required by Fed. R. Civ. P. 26(a)(2)(C). The 26 designations shall also include the normal rates the expert charges for deposition and trial 27 testimony. [28] 1 4. By September 15, 2025, each party shall comply with the disclosure 2 provisions in Fed. R. Civ. P. 26(a)(2)(A) and (B). This disclosure requirement applies to 3 all persons retained or specially employed to provide expert testimony, or whose duties as 4 an employee of the party regularly involve giving expert testimony. Except as provided in 5 the paragraph below, any party that fails to make these disclosures shall not, absent 6 substantial justification, be permitted to use evidence or testimony not disclosed at any 7 hearing or at the time of trial. In addition, the Court may impose sanctions as permitted by 8 Fed. R. Civ. P. 37(c). 9 5. Any party shall supplement its disclosure regarding contradictory or rebuttal 10 evidence under Fed. R. Civ. P. 26(a)(2)(D) and 26(e) by September 29, 2025. 11 6. All expert discovery shall be completed by all parties by October 29, 2025. 12 The parties shall comply with the same procedures set forth in the paragraph governing 13 fact discovery. 14 7. All pre-trial motions must be filed by December 1, 2025. Pursuant to the 15 Honorable Gonzalo P. Curiel’s Civil Pretrial & Trial Procedures, all motions for summary 16 judgment shall be accompanied by a separate statement of undisputed material facts. Any 17 opposition to a summary judgment motion shall include a response to the separate 18 statement of undisputed material facts. Counsel for the moving party must obtain a motion 19 hearing date from the law clerk of the judge who will hear the motion. Motion papers 20 MUST be filed and served the same day of obtaining a motion hearing date from chambers. 21 A briefing schedule will be issued once a motion has been filed. The period of time between 22 the date you request a motion date and the hearing date may vary from one district judge 23 to another. Please plan accordingly. Failure to make a timely request for a motion date may 24 result in the motion not being heard. Motions in limine are to be filed as directed in the 25 Local Rules, or as otherwise set by the district judge. 26 8. Pursuant to Honorable Gonzal P. Curiel’s Civil Pretrial & Trial Procedures, 27 the parties are excused from the requirement of Local Rule 16.1(f)(2)(a); no Memoranda 28 of Law or Contentions of Fact are to be filed. 1 9. Counsel shall comply with the pre-trial disclosure requirements of Fed. R. 2 Civ. P. 26(a)(3) by March 6, 2026. Failure to comply with these disclosure requirements 3 could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37. 4 10. Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by 5 March 13, 2026. At this meeting, counsel shall discuss and attempt to enter into 6 stipulations and agreements resulting in simplification of the triable issues. Counsel shall 7 exchange copies and/or display all exhibits other than those to be used for impeachment. 8 The exhibits shall be prepared in accordance with Local Rule 16.1(f)(4)(c). Counsel shall 9 note any objections they have to any other parties’ Pretrial Disclosures under Fed. R. Civ. 10 P. 26 (a)(3). Counsel shall cooperate in the preparation of the proposed pretrial conference 11 order. 12 11. Counsel for plaintiff will be responsible for preparing the pretrial order and 13 arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By March 20, 14 2026, plaintiff’s counsel must provide opposing counsel with the proposed pretrial order 15 for review and approval. Opposing counsel must communicate promptly with plaintiff’s 16 counsel concerning any objections to form or content of the pretrial order, and both parties 17 shall attempt promptly to resolve their differences, if any, concerning the order. 18 12. The Proposed Final Pretrial Conference Order, including objections to any 19 other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served, and 20 lodged with the assigned district judge by March 27, 2026, and shall be in the form 21 prescribed in and comply with Local Rule 16.1(f)(6). 22 13. The final Pretrial Conference is scheduled on the calendar of the Honorable 23 Gonzal P. Curiel on April 3, 2026 at 1:30 p.m. 24 14. The parties must review the chambers’ rules for the assigned district judge 25 and magistrate judge. 26 15. A post-trial settlement conference before a magistrate judge may be held 27 within 30 days of verdict in the case. [28] 1 16. The dates and times set forth herein will not be modified except for good cause 2 || shown. 3 17. Briefs or memoranda in support of or in opposition to any pending motion 4 not exceed twenty-five (25) pages in length without leave of a district court judge. No 5 ||reply memorandum shall exceed ten (10) pages without leave of a district court judge. 6 || Briefs and memoranda exceeding ten (10) pages in length shall have a table of contents 7 a table of authorities cited. 8 18. Plaintiff's counsel shall serve a copy of this order on all parties that enter this 9 || case hereafter. 10 IT IS SO ORDERED. ( ) sA— □□ 11 Dated: April 16, 2025 Honorable Va lerie E. Torres United States Magistrate Judge