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Ramirez v. Lycatel

January 8, 2009

ORLANDO S. RAMIREZ, PLAINTIFF
v.
LYCATEL, LLC DEFENDANT



The opinion of the court was delivered by: Patty Shwartz United States Magistrate Judge

ORDER ON INFORMAL APPLICATION & THIRD AMENDED PRETRIAL SCHEDULING ORDER

THIS MATTER having come before the Court for a telephone status conference on January 8, 2009; and the plaintiff reporting that sufficient information has been exchanged so that the plaintiff can convey a settlement offer; and the parties being reminded that all discovery must proceed even during settlement talks; and the plaintiff requesting an extension of the fact discovery deadline; and the parties representing that the requested extension has no impact on any other deadlines; and for the reasons discussed during the telephone conference; and for good cause shown,

IT IS on this 8th day of January, 2009

ORDERED THAT:

1. The request to extend the fact discovery deadlines is granted as set forth herein;

2. No later than deadline passed, the parties shall submit a proposed discovery confidentiality order and certification in accordance with Local Rule 5.3.

IT IS FURTHER ORDERED THAT:

I. COURT DATES

1. There shall be a telephone status conference before the Undersigned on February 5, 2009 at 4:00 p.m. Plaintiff shall initiate the telephone call.

2. There will be a settlement conference before the Undersigned on TO BE SET IF REQUESTED. Trial Counsel and clients with full settlement authority must attend the conference. If the trial counsel and client with full settlement authority do not appear, the settlement conference may be cancelled or rescheduled and the noncompliant party and/or attorney may be sanctioned, which may include an assessment of the costs and expenses incurred by those parties who appeared as directed.

3. A final pretrial conference shall be conducted pursuant to Fed. R. Civ. P. 16(d) on August 11, 2009 at 10:00 a.m. The Final Pretrial Conference will occur even if there are dispositive motions pending. The Court will adjourn the Final Pretrial conference only if the requesting party makes a compelling showing that manifest injustice would otherwise result absent adjournment.

II. DISCOVERY AND MOTION PRACTICE

4. Fed. R. Civ. P. 26 disclosures are to be exchanged on or before deadline passed.

5. Discovery necessary to engage in meaningful settlement discussions: (a) billing information from a sample of cards; and (b) information regarding charges other than for talk time (i.e. connection/disconnection charges, maintenance fees) and how these charges/fees are calculated. A letter setting forth whether or not such information can be provided and, if ...


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