Order Issuing Amended Scheduling Order. Mandatory Settlement Conference set for… — Bofa Ca Unemployment (Dkt. 302)

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U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 302 · 2024-06-26 · Docket on CourtListener

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An order issuing an amended scheduling order in In re: Bank of America California Unemployment Benefits Litigation, No. 3:21-md-02992-GPC-MSB, in the U.S. District Court for the Southern District of California, dated and filed June 27, 2024 as Doc. 302 following a case management conference held June 26, 2024. It directs plaintiffs to file a Second Amended Master Consolidated Complaint by July 16, 2024 and sets the class certification motion due August 29, 2024. Fact discovery must be completed by December 12, 2024, expert discovery by March 13, 2025, and other pretrial motions filed by April 14, 2025. The order sets a Mandatory Settlement Conference before Magistrate Judge Michael S. Berg on July 1, 2025, with confidential settlement statements due June 24, 2025, and a final Pretrial Conference before Judge Gonzalo P. Curiel on August 15, 2025. It is seven pages.

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF CALIFORNIA 
 
IN RE: BANK OF AMERICA 
CALIFORNIA UNEMPLOYMENT 
BENEFITS LITIGATION 
 
Case No.:  21md2992-GPC (MSB) 
 
ORDER ISSUING AMENDED 
SCHEDULING ORDER 
 
A Case Management Conference was held on June 26, 2024.  After consulting 
with the attorneys of record and the chambers of the Honorable Gonzalo P. Curiel, the 
Court ISSUES the following Amended Scheduling Order using the timing previously set 
forth in ECF No. 275: 
1. 
Plaintiffs shall file a Second Amended Master Consolidated Complaint 
(“SAMCC”) pursuant to the Court’s instructions in ECF No. 297 by July 16, 2024.   
2. 
Defendant shall respond to the SAMCC by August 15, 2024.  
3. 
Plaintiffs’ Motion for Class Certification is due August 29, 2024.  
Defendant’s Opposition to Motion for Class Certification is due October 24, 2024.  
Plaintiffs’ Reply in Support of Motion for Class Certification is due November 21, 2024.  
Counsel for the moving party must obtain a motion hearing date from the law clerk of the 
judge who will hear the motion.   
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4. 
All fact discovery shall be completed by all parties on or before December 
12, 2024.  “Completed” means that all discovery under Rules 30-36 of the Federal Rules 
of Civil Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient 
period of time in advance of the cut-off date, so that it may be completed by the cut-off 
date, taking into account the times for service, notice and response as set forth in the 
Federal Rules of Civil Procedure.   
 
Counsel shall promptly and in good faith meet and confer with regard to all 
discovery disputes in compliance with Local Rule 26.1(a).  All discovery motions must 
be filed within 30 days of the event giving rise to the dispute.  For oral discovery, the 
event giving rise to the dispute is the completion of the transcript of the relevant portion 
of the deposition.  For written discovery, the event giving rise to the discovery dispute is 
the date of service of the response, not the date on which counsel reach an impasse in 
meet and confer efforts.  If a party fails to provide a discovery response, the event giving 
rise to the discovery dispute is the date response was due. 
The Court’s procedures for resolving discovery disputes are set forth in Magistrate 
Judge Michael S. Berg’s Civil Chambers Rules, which are posted on the Court’s website.  
A failure to comply in this regard will result in a waiver of a party’s discovery issue.  
Absent an order of the court, no stipulation continuing or altering this requirement 
will be recognized by the court. 
5. 
The parties shall designate their respective experts in writing by December 
27, 2024.  Pursuant to Fed. R. Civ. P. 26(a)(2)(A), the parties must identify any person 
who may be used at trial to present evidence pursuant to Rules 702, 703 or 705 of the 
Fed. R. Evid.  This requirement is not limited to retained experts.  The date for exchange 
of rebuttal experts shall be by January 2, 2025.  The written designations shall include 
the name, address and telephone number of the expert and a reasonable summary of the 
testimony the expert is expected to provide.  The list shall also include the normal rates 
the expert charges for deposition and trial testimony. 
6. 
By January 16, 2025, each party shall comply with the disclosure 
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provisions in Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure.  This 
disclosure requirement applies to all persons retained or specially employed to provide 
expert testimony, or whose duties as an employee of the party regularly involve the 
giving of expert testimony.  Except as provided in the paragraph below, any party 
that fails to make these disclosures shall not, absent substantial justification, be 
permitted to use evidence or testimony not disclosed at any hearing or at the time of 
trial.  In addition, the Court may impose sanctions as permitted by Fed. R. Civ. P.  
37(c). 
7. 
Any party shall supplement its disclosure regarding contradictory or rebuttal 
evidence under Fed. R. Civ. P. 26(a)(2)(D) and 26(e) by February 13, 2025. 
8. 
All expert discovery shall be completed by all parties by March 13, 2025.  
The parties shall comply with the same procedures set forth in the paragraph governing 
fact discovery.  Failure to comply with this section or any other discovery order of the 
court may result in the sanctions provided for in Fed. R. Civ. P. 37, including a 
prohibition on the introduction of experts or other designated matters in evidence. 
9. 
All other pretrial motions, including those addressing Daubert issues related 
to dispositive motions must be filed by April 14, 2025.  Pursuant to Honorable Gonzalo 
P. Curiel’s Civil Pretrial & Trial Procedures, all motions for summary judgment shall be 
accompanied by a separate statement of undisputed material facts.  Any opposition to a 
summary judgment motion shall include a response to the separate statement of 
undisputed material facts.  Counsel for the moving party must obtain a motion hearing 
date from the law clerk of the judge who will hear the motion.  Motion papers MUST be 
filed and served the same day of obtaining a motion hearing date from chambers. A 
briefing schedule will be issued once a motion has been filed.  The period of time 
between the date you request a motion date and the hearing date may vary.  Please plan 
accordingly.  Failure to make a timely request for a motion date may result in the motion 
not being heard. 
/ / / 
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10. 
A Mandatory Settlement Conference shall be conducted on July 1, 2025, at 
9:30 a.m., in the chambers of Magistrate Judge Michael S. Berg located at 221 West 
Broadway, second floor, San Diego, CA 92101.  Upon arrival, parties should check in 
with Judge Berg’s chambers using the callbox located by the second-floor elevators.  All 
discussions at the Mandatory Settlement Conference will be informal, off-the-record, 
privileged, and confidential.  Counsel for any non-English speaking party is responsible 
for arranging for the appearance of an interpreter at the conference. 
a. 
Personal Appearance of Parties Required:  All named parties, party 
representatives, claims adjusters for insured defendants, and the principal attorney(s) 
responsible for the litigation, must be present in person and prepared to discuss and 
resolve the case.  Counsel appearing without their clients (whether or not counsel has 
been given settlement authority) will be cause for immediate imposition of sanctions and 
may also result in the immediate termination of the conference. 
b. 
Full Settlement Authority Required:  A party or party 
representative with full settlement authority must be present at the conference.  Retained 
outside corporate counsel must not appear on behalf of a corporation as the party 
representative who has the authority to negotiate and enter into a settlement.  A 
government entity may be excused from this requirement so long as the government 
attorney who attends the Mandatory Settlement Conference has (1) primary responsibility 
for handling the case, and (2) authority to negotiate and recommend settlement offers to 
the government official(s) having ultimate settlement authority.  
c. 
Confidential Settlement Statements Required:  By 
June 24, 2025, the parties shall submit directly to Magistrate Judge Berg’s chambers (via 
hand delivery or by e-mail to the Court at efile_berg@casd.uscourts.gov), confidential 
settlement statements.  The statements are limited to ten (10) pages, plus an additional ten 
(10) pages of exhibits.  Each party’s settlement statement must outline (1) significant 
facts established during discovery and the effect these facts have on the issues in the case; 
(2) counsel’s insights regarding how best to reach settlement; (3) a specific 
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demand/offer for settlement; and (4) any previous settlement negotiations or mediation 
efforts.  The Mandatory Settlement Conference statement must not merely repeat what 
was contained in the Early Neutral Evaluation conference brief or any earlier settlement 
brief.  To the extent specific discovery responses, portions of deposition testimony, or 
expert reports are pertinent to the Court’s evaluation of the matter, these documents must 
be attached as exhibits.  Evidence supporting or refuting either party’s claim for damages 
must also be identified and included as an exhibit.  A general statement, such as a party 
will “negotiate in good faith,” is not a specific demand or offer.  The settlement 
statement should be submitted confidentially and need not be shared with other parties.   
d. 
Requests to Continue a Mandatory Settlement Conference:   
Any request to continue the Mandatory Settlement Conference, or request for relief from 
any of the provisions or requirements of this Order, must be sought by a written 
application.  Absent good cause, requests for continuances will not be considered 
unless submitted in writing no fewer than seven (7) calendar days prior to the 
scheduled conference. 
If the case is settled in its entirety before the scheduled date of the conference, 
counsel and any unrepresented parties must still appear in person, unless a written 
joint notice confirming the complete settlement of the case is filed no fewer than 
twenty-four (24) hours before the scheduled conference. 
11. 
Pursuant to Honorable Gonzalo P. Curiel’s Civil Pretrial & Trial Procedures, 
the parties are excused from the requirement of Local Rule 16.1(f)(2)(a); no Memoranda 
of Law or Contentions of Fact are to be filed. 
12. 
Counsel shall comply with the pre-trial disclosure requirements of Fed. R. 
Civ. P. 26(a)(3) by July 18, 2025.  Failure to comply with these disclosure requirements 
could result in evidence preclusion or other sanctions under Fed. R. Civ. P. 37. 
13. 
Counsel shall meet and take the action required by Local Rule 16.1(f)(4) by 
July 25, 2025.  At this meeting, counsel shall discuss and attempt to enter into 
stipulations and agreements resulting in simplification of the triable issues. Counsel shall 
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exchange copies and/or display all exhibits other than those to be used for impeachment.  
The exhibits shall be prepared in accordance with Local Rule 16.1(f)(4)(c).  Counsel shall 
note any objections they have to any other parties’ Pretrial Disclosures under Fed. R. Civ. 
P. 26(a)(3).  Counsel shall cooperate in the preparation of the proposed pretrial 
conference order. 
14. 
Counsel for plaintiff will be responsible for preparing the pretrial order and 
arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f).  By August 1, 
2025, plaintiff’s counsel must provide opposing counsel with the proposed pretrial order 
for review and approval.  Opposing counsel must communicate promptly with plaintiff’s 
attorney concerning any objections to form or content of the pretrial order, and both 
parties shall attempt promptly to resolve their differences, if any, concerning the order. 
15. 
The Proposed Final Pretrial Conference Order, including objections to any 
other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures shall be prepared, served and 
lodged with the assigned district judge by August 8, 2025, and shall be in the form 
prescribed in and comply with Local Rule 16.1(f)(6). 
16. 
The final Pretrial Conference is scheduled on the calendar of the Honorable 
Gonzalo P. Curiel on August 15, 2025 at 1:30 p.m.  The Court will set a trial date 
during the pretrial conference.  The Court will also schedule a motion in limine hearing 
date during the pretrial conference. 
17. 
The parties must review the chambers’ rules for the assigned district judge 
and magistrate judge. 
18. 
A post trial settlement conference before a magistrate judge may be held 
within 30 days of verdict in the case. 
19. 
The dates and times set forth herein will not be modified except for good 
cause shown. 
20. 
Briefs or memoranda in support of or in opposition to all motions noticed for 
the same motion day shall not exceed twenty-five (25) pages in length, per party, without 
leave of the judge who will hear the motion.  No reply memorandum shall exceed ten 
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(10) pages without leave of a district court judge.  Briefs and memoranda exceeding ten 
(10) pages in length shall have a table of contents and a table of authorities cited. 
21. 
Plaintiff’s counsel shall serve a copy of this order on all parties that enter 
this case hereafter. 
IT IS SO ORDERED. 
Dated:  June 27, 2024 
 
 
 
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