Summary
This is a scheduling order issued by the United States District Court for the Eastern District of California in a qui tam action against Barco Uniforms, Inc. and other defendants. It establishes service, discovery, expert disclosure, motion, settlement, and pretrial procedures, including a fact-discovery deadline of July 10, 2026, and a motions deadline of December 14, 2026.
Holdings
- The court may issue a scheduling order without consulting counsel at a scheduling conference when the circumstances permitted under Federal Rule of Civil Procedure 16(b)(1)(B) are present.
- No further service, joinder of parties, or amendment of pleadings was permitted without leave of court and a showing of good cause under the scheduling order.
- Discovery disputes, including motions to compel, were referred to the assigned magistrate judge under the court's procedures, and the magistrate judge's written ruling would be subject to district-court modification only if clearly erroneous or contrary to law.
Questions Presented
- Whether the court should issue a case schedule under Federal Rule of Civil Procedure 16(b) without first conducting a scheduling conference.
- How service of process, amendment of pleadings, joinder, discovery, motion practice, settlement, and pretrial proceedings should be managed in the action.
- What showing is required to modify the scheduling order or obtain reconsideration of a magistrate judge's discovery ruling.
Disposition
other
Cases Cited (2)
- Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992)(followed)
- Foman v. Davis, 371 U.S. 178, 182 (1962)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…