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• ncmd;;1:16-cv-01377_de106 RegisterActionDate "2020-09-10" @default.
• ncmd;;1:16-cv-01377_de106 RegisterActionDescriptionText "TEXT ORDER granting in part 85 Motion to Amend Discovery Scheduling Order and to Set Trial Date, as follows: (1) the parties shall complete fact discovery by 11/09/2020; (2) Plaintiff shall serve any expert disclosures required by Federal Rule of Civil Procedure 26(a)(2)(B) and (C) by 12/09/2020; (3) Defendant shall serve any expert disclosures required by Federal Rule of Civil Procedure 26(a)(2)(B) and (C) by 01/08/2021; (4) Plaintiff shall serve any rebuttal expert disclosures (as contemplated by Federal Rule of Civil Procedure 26(a)(2)(D)(ii)) by 01/22/2021; (5) the parties shall complete expert discovery by 03/09/2021; and (6) the Clerk shall notice this case for trial during the 04/2021 Civil Master Calendar Trial term. Via Text Order dated 05/22/2018, the Court (per the issuing Magistrate Judge)adopted (with minor clarifications not material to the disposition of 85 Motion) the parties' 57 Joint Rule 26(f) Report and Discovery Plan ("Joint Report"), thereby establishing (1) a fact discovery deadline of 11/19/2018, (2) a deadline for Plaintiff to serve expert disclosures of 12/19/2018, (3) a deadline for Defendant to serve expert disclosures of 01/18/2019, (4) a deadline for Plaintiff to serve rebuttal expert disclosures of 02/01/2019, and (5) a deadline for expert discovery of 03/19/2019. On 11/07/2018 (i.e., 12 days before the deadline for the close of fact discovery), the parties filed 61 Consent Motion to Amend Discovery Scheduling Order, seeking to defer additional fact discovery and all expert discovery (including service of expert disclosures), pending resolution of dispositive motions addressing certain "core contractual issues," with a proposed framework for new discovery-related deadlines after resolution of such dispositive motions, which framework mirrored the prior deadline sequence and structure in the parties' 57 Joint Report (i.e., fact discovery deadline 60 days after ruling, Plaintiff's expert disclosure deadline 30 days later, Defendant's expert disclosure deadline 30 days later, Plaintiff's rebuttal expert disclosure deadline 14 days later, and expert discovery deadline 45 days later. Via Text Order dated 11/09/2018, the Court (per the issuing Magistrate Judge) granted 61 Consent Motion in part by "suspend[ing] the fact discovery, expert disclosure, and expert discovery deadlines and set[ting a] schedule regarding dispositive motions," but deferring until a later date the re-setting of post-dispositive-motion-ruling, discovery-related deadlines. That Text Order also advised the parties that "the Court will not entertain another round of dispositive motions after any resumption and conclusion of discovery." The parties subsequently filed and briefed their dispositive motions, which the Court (per United States District Judge William L. Osteen, Jr.) resolved in 76 Order and 84 Order. Defendant now has filed 85 Motion proposing new discovery-related deadlines (which run through 03/31/2021) and a trial date of 05/17/2021. Plaintiff, in turn, has filed 86 Response, agreeing that the Court should set new discovery-related deadlines and a trial date, but offering proposals for such matters that differ from the ones set out in 85 Motion (e.g., discovery-related deadlines running through 07/15/2021 and a trial date of 08/16/2021). In reviewing the parties' competing proposals, the Court notes that each (in its own ways) departs materially from the sequence and/or structure to which the parties originally agreed in 57 Joint Report and to which they adhered in 61 Consent Motion. For example, 85 Motion abandons the fact discovery deadline prior to the expert disclosure deadlines and 86 Response collapses Plaintiff's and Defendant's expert disclosure deadlines from sequential to simultaneous. Additionally, 86 Response would have the Court allow nearly seven months for additional fact discovery prior to any expert disclosures, i.e., a longer period than 57 Joint Report allowed (and that the parties almost fully used) prior to the suspension of discovery-related deadlines. Moreover, neither 85 Motion nor 86 Response offers any cogent justification for their respective departures from the sequence and structure established by 57 Joint Report and re-affirmed in 61 Joint Motion. Under these circumstances, the Court concluded that the fairest resolution was one which re-set discovery-related deadlines to correspond to the sequence and structure that the parties previously elected (and that the Court previously adopted) and the deadlines above reflect the Court's best effort in that regard (i.e., a modest additional period for fact discovery, followed by expert disclosure and discovery deadlines of the same sort and spacing as provided in 57 Joint Report and 61 Joint Motion). Finally, (1) because the parties previously mediated this case, the Court has not set a new deadline for mediation, and (2) because the Court will not entertain another round of dispositive motions, the Clerk should set this case on the trial calendar that follows most closely after the new expert discovery deadline. Issued by MAG/JUDGE L. PATRICK AULD on 09/10/2020. (AULD, L.) (Entered: 09/10/2020)" @default.
• ncmd;;1:16-cv-01377_de106 AdministrativeID "None" @default.
• ncmd;;1:16-cv-01377_de106 hasJudgeReference SJ004073 @default.
• ncmd;;1:16-cv-01377_de106 hasJudgeReference SJ004076 @default.
• ncmd;;1:16-cv-01377_de106 hasReferenceToOtherEntry ncmd;;1:16-cv-01377_de102 @default.
• ncmd;;1:16-cv-01377_de106 hasReferenceToOtherEntry ncmd;;1:16-cv-01377_de103 @default.
• ncmd;;1:16-cv-01377_de106 hasReferenceToOtherEntry ncmd;;1:16-cv-01377_de104 @default.
• ncmd;;1:16-cv-01377_de106 hasReferenceToOtherEntry ncmd;;1:16-cv-01377_de65 @default.
• ncmd;;1:16-cv-01377_de106 hasReferenceToOtherEntry ncmd;;1:16-cv-01377_de72 @default.
• ncmd;;1:16-cv-01377_de106 hasReferenceToOtherEntry ncmd;;1:16-cv-01377_de93 @default.