Summary
The United States District Court for the Southern District of California granted the parties’ joint motion to amend the scheduling order in Goatpix, LLC v. The Upper Deck Company. The order revised deadlines for discovery, expert disclosures, motions, settlement proceedings, pretrial filings, and the final pretrial conference.
Topics
Practice areas
Questions Presented
- Whether good cause existed to grant the parties' joint motion to amend the scheduling order.
Holdings
- The court granted the parties' joint motion and modified the scheduling order upon a finding that good cause appeared.
- The parties must comply with the amended discovery, expert-disclosure, and supplementation deadlines, and failure to comply may result in waiver, evidence preclusion, or sanctions under Federal Rule of Civil Procedure 37.
Key quotations
“A failure to comply in this regard will result in a waiver of a Party’s discovery issue.” (at 1)
“Failure to comply with the above paragraphs or any other discovery Order of the Court may result in the sanctions provided for in Federal Rule of Civil Procedure 37, including a prohibition on the introduction of experts or other designated matters in evidence.” (at 2)
Factual background
The opinion does not describe the underlying copyright dispute in detail. The parties jointly sought amendments to the existing scheduling order, and the court revised the case-management deadlines and related pretrial requirements.
Procedural history
The court had previously entered a scheduling order at ECF No. 31. On the parties' joint motion at ECF No. 53, the court found good cause and modified the scheduling order to establish deadlines for fact discovery, expert disclosures and discovery, pretrial motions, settlement proceedings, pretrial disclosures, and the final pretrial conference.