Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL TAGWERKER, Case No.: 3:26-cv-00602-H-AHG 12 Plaintiff, ORDER: 13 v. (1) GRANTING JOINT MOTION TO 14 AMAZON.COM SERVICES, LLC, EXTEND DISCOVERY DEADLINES, 15 Defendant. and 16 (2) ISSUING FIRST AMENDED 17 SCHEDULING ORDER 18 [ECF No. 17] 19 20 21 22 23 24 25 Before the Court is the parties’ joint motion to amend the scheduling order. ECF 26 No. 17. The parties seek an order from the Court continuing the deadlines to complete fact 27 and expert discovery, as well as other related case management deadlines, by 28 approximately five months. Id. 1 Parties seeking to continue deadlines in the scheduling order must demonstrate good 2 cause. FED. R. CIV. P. 16(b)(4) (“A schedule may be modified only for good cause and with 3 the judge’s consent”); Chmb.R. at 2 (stating that any request for continuance requires “[a] 4 showing of good cause for the request”). Courts have broad discretion in determining 5 whether there is good cause. See, e.g., Johnson v. Mammoth Recreations, Inc., 975 F.2d 6 604, 607 (9th Cir. 1992); Liguori v. Hansen, No. 2:11cv492-GMN-CWH, 2012 WL 7 760747, at *12 (D. Nev. Mar. 6, 2012). “Good cause” is a non-rigorous standard that has 8 been construed broadly across procedural and statutory contexts. Ahanchian v. Xenon 9 Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir. 2010). The good cause standard focuses on 10 the diligence of the party seeking to amend the scheduling order and the reasons for seeking 11 modification. Johnson, 975 F.2d at 609 (“[T]he focus of the inquiry is upon the moving 12 party’s reasons for seeking modification. … If that party was not diligent, the inquiry 13 should end.”). Therefore, “a party demonstrates good cause by acting diligently to meet the 14 original deadlines set forth by the court.” Doe v. Wyndham Hotels & Resorts, Inc., No. 15 3;24-cv-217-JLS-AHG, 2025 WL 2881574, at *1–*2 (S.D. Cal. Oct. 9, 2025) (quoting 16 Merck v. Swift Transp. Co., No. 16-cv-1103-PHX-ROS, 2018 WL 4492362, at *2 (D. Ariz. 17 Sept. 19, 2018)). 18 Here, the parties represent to the Court that they need more time to complete 19 discovery. ECF No. 59. The parties explain that, though they have been diligent in pursuing 20 discovery, Plaintiff recently underwent spine fusion surgery on July 8, 2026, which he 21 contends was related to the injuries asserted in this lawsuit. ECF No. 17 at 2. Plaintiff 22 developed complications, and another surgery may be required. Id. As such, Plaintiffs’ 23 medical prognosis, and ability to return to work, is unknown, which could impact this 24 action. Id. at 2–3. Additionally, the parties explain that they need more time to gather, and 25 have experts analyze, the medical and billing records from the recent surgery and 26 procedures. Id. at 3. As such, the parties request an extension of all scheduling order 27 deadlines, since the requested five-month fact discovery extension would impact all other 28 deadlines. Id. at 4. 1 Despite the joint motion’s shortcomings, the Court appreciates that the parties have 2 been working together and finds good cause to GRANT the joint motion. ECF No. 17. The 3 Court issues the following First Amended Scheduling Order: 4 1. All parties must complete all fact discovery by February 5, 2027. 5 “Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil 6 Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient period of 7 time in advance of the cut-off date, so that it may be completed by the cut-off date, taking 8 into account the times for service, notice and response as set forth in the Federal Rules of 9 Civil Procedure. If any discovery disputes arise, counsel must meet and confer promptly 10 and in good faith in compliance with Local Rule 26.1(a). A failure to comply in this 11 regard will result in a waiver of a party’s discovery issue. Absent an order of the 12 court, no stipulation continuing or altering this requirement will be recognized by the 13 Court. The Court expects counsel to make every effort to resolve all disputes without court 14 intervention through the meet-and-confer process. If the parties reach an impasse on any 15 discovery issue, the movant must email chambers at efile_goddard@casd.uscourts.gov no 16 later than 45 days after the date of service of the written discovery response that is in 17 dispute, seeking a telephonic conference with the Court to discuss the discovery dispute. 18 The email must include: (1) at least three proposed times mutually agreed upon by the 19 parties for the telephonic conference; (2) a neutral statement of the dispute; and (3) one 20 sentence describing (not arguing) each parties’ position. The movant must copy opposing 21 counsel on the email. No discovery motion may be filed until the Court has conducted its 22 pre-motion telephonic conference, unless the movant has obtained leave of Court. All 23 parties are ordered to read and to fully comply with the Chambers Rules of 24 25 1 By filing the motion on September 3, 2026, one day before the September 4, 2026, fact 26 discovery deadline, the parties failed to follow the Court’s Chambers Rules. See Chmb.R. 27 at 2 (requiring that “[a]ll requests for continuances must be made by a joint motion no less than seven calendar days before the affected date”) (emphasis added). The parties do not 28 1 Magistrate Judge Allison H. Goddard, which can be found on the district court website 2 and at: 3 https://www.casd.uscourts.gov/judges/goddard/docs/Goddard%20Civil%20Pretrial%20Pr 4 ocedures.pdf. 5 2. The parties must designate their respective experts in writing by 6 March 12, 2027. The parties must identify any person who may be used at trial to present 7 evidence pursuant to Rules 702, 703 or 705 of the Federal Rules of Evidence. This 8 requirement is not limited to retained experts. The date for exchange of rebuttal experts 9 must be by April 16, 2027. Written designations must include the name, address and 10 telephone number of the expert and a reasonable summary of the testimony the expert is 11 expected to provide. The list must also include the normal rates the expert charges for 12 deposition and trial testimony. 13 3. By March 12, 2027, each party must comply with the disclosure provisions 14 in Rule 26(a)(2)(A) and (B) of the Federal Rules of Civil Procedure. This disclosure 15 requirement applies to all persons retained or specially employed to provide expert 16 testimony, or whose duties as an employee of the party regularly involve the giving of 17 expert testimony. Except as provided in the paragraph below, any party that fails to make 18 these disclosures will not be permitted to use evidence or testimony not disclosed at any 19 hearing or at the time of trial, absent substantial justification. Additionally, the Court may 20 impose sanctions as permitted by Federal Rule of Civil Procedure 37(c). 21 4. Any party must supplement its disclosure regarding contradictory or rebuttal 22 evidence under Federal Rule of Civil Procedure 26(a)(2)(D) by April 16, 2027. 23 5. All parties must complete all expert discovery by June 18, 2027. The parties 24 must comply with the same procedures set forth in the paragraph governing fact discovery. 25 6. Failure to comply with this section or any other discovery order of the Court 26 may result in the sanctions provided for in Federal Rule of Civil Procedure 37, including 27 prohibition on the introduction of experts or other designated matters in evidence. 28 / / 1 7. All other pretrial motions must be filed by July 23, 2027. Counsel for the 2 moving party must obtain a motion hearing date from the law clerk of the judge who will 3 hear the motion. The time between the date you request a motion date and the hearing date 4 may vary from one district judge to another. Please plan accordingly. Failure to make a 5 timely request for a motion date may result in the motion not being heard. Motions in 6 limine are to be filed as directed by the Court. 7 8. A Mandatory Settlement Conference2 will be conducted on 8 September 8, 2027 at 9:30 a.m. before Magistrate Judge Allison H. Goddard 9 via videoconference. 10 a. The Court requires the personal attendance of all named parties, party 11 representatives with full3 settlement authority, including claims adjusters 12 for insured defendants, and the primary attorney(s) responsible for the 13 litigation at the conference. 14 b. Plaintiff must serve on Defendant a written settlement proposal, which 15 must include a specific demand amount, no later than August 18, 2027. 16 The defendant must respond to the plaintiff in writing with a specific offer 17 18 2 Upon receipt of a joint email (to efile_goddard@casd.uscourts.gov) containing a firm date 19 for private mediation and the name of the mediator, the Mandatory Settlement Conference will come off calendar. The Court notes that the parties’ private mediation presently 20 scheduled for May 7, 2026, does not meet this requirement, as it is not temporally close 21 enough to the March 29, 2027, Mandatory Settlement Conference. 22 3 The Court reminds the parties that parties and party representatives with full and complete authority to enter into a binding settlement must be present at the MSC. Full authority to 23 settle means that a person must be authorized to fully explore settlement options and to 24 agree at that time to any settlement terms acceptable to the parties. Heileman Brewing Co., Inc. v. Joseph Oat Corp., 871 F.2d 648, 653 (7th Cir. 1989). The person needs to have 25 “unfettered discretion and authority” to change the settlement position of a party. Pitman 26 v. Brinker Int’l, Inc., 216 F.R.D. 481, 485–86 (D. Ariz. 2003). Limited or sum certain authority is not adequate. Nick v. Morgan’s Foods, Inc., 270 F.3d 590, 595–97 (8th Cir. 27 2001). A person who needs to call another person who is not present at the MSC before 28 agreeing to any settlement does not have full authority. 1 amount prior to the Meet and Confer discussion. The parties should not 2 file or otherwise copy the Court on these exchanges. Rather, the parties 3 must include their written settlement proposals in their respective 4 Settlement Conference Statements to the Court. 5 c. Counsel for the parties must meet and confer in person, via 6 videoconference, or by phone no later than August 25, 2027. 7 d. Each party must prepare a Settlement Conference Statement, which will 8 be served on opposing counsel and lodged with the Court no later than 9 September 1, 2027. The Statement must be lodged in .pdf format via email 10 to efile_goddard@casd.uscourts.gov (not filed). The substance of the 11 Settlement Conference Statement must comply fully with Judge Goddard’s 12 Mandatory Settlement Conference Rules (located on the court website at 13 https://www.casd.uscourts.gov/Judges/goddard/docs/Goddard%20Manda 14 tory%20Settlement%20Conference%20Rules.pdf). 15 e. Each party may also prepare an optional Confidential Settlement Letter 16 for the Court’s review only, to be lodged with the Court no later than 17 September 1, 2027. The Letter must be lodged in .pdf format via email to 18 efile_goddard@casd.uscourts.gov (not filed). Should a party choose to 19 prepare a Letter, the substance of the Settlement Conference Letter must 20 comply fully with Judge Goddard’s Mandatory Settlement Conference 21 Rules. 22 f. No later than September 1, 2027, each party must submit to the Court via 23 email (not filed) (at efile_goddard@casd.uscourts.gov) the names, titles, 24 and email addresses of all attendees, as well as a cell phone number for 25 each party’s preferred point of contact. Court staff will then send out the 26 Zoom invitation to all attendees. 27 g. All participants shall display the same level of professionalism during the 28 Settlement Conference and be prepared to devote their full attention to the 1 Settlement Conference as if they were attending in person, i.e., cannot be 2 driving or in a car while speaking to the Court. Because Zoom may quickly 3 deplete the battery of a participant’s device, each participant should ensure 4 that their device is plugged in or that a charging cable is readily available 5 during the video conference. Counsel are advised that although the 6 Settlement Conference will take place on Zoom, all participants shall 7 appear and conduct themselves as if it is proceeding in a courtroom, i.e., 8 all participants must dress in appropriate courtroom attire. 9 h. All parties are ordered to read and to fully comply with the Chambers 10 Rules and Mandatory Settlement Conference Rules of Magistrate Judge 11 Allison H. Goddard. 12 9. Counsel must file their memoranda of contentions of fact and law and take 13 any other action required by Civil Local Rule 16.1(f)(2) by September 20, 2027. 14 10. Counsel must comply with the pretrial disclosure requirements of Federal 15 Rule of Civil Procedure 26(a)(3) by September 20, 2027. Failure to comply with these 16 disclosure requirements may result in evidence preclusion or other sanctions under Federal 17 Rule of Civil Procedure 37. 18 11. Counsel must meet and take the action required by Civil Local Rule 16.1(f)(4) 19 by September 27, 2027. At this meeting, counsel must discuss and attempt to enter into 20 stipulations and agreements simplifying the triable issues. Counsel must exchange copies 21 and/or display all exhibits other than those to be used for impeachment. The exhibits must 22 be prepared in accordance with Civil Local Rule 16.1(f)(4)(c). Counsel must note any 23 objections they have to any other parties’ pretrial disclosures under Federal Rule of Civil 24 Procedure 26(a)(3). Counsel must cooperate in the preparation of the proposed pretrial 25 conference order. 26 12. Counsel for plaintiff will be responsible for preparing the pretrial order and 27 arranging the meetings of counsel pursuant to Civil Local Rule 16.1(f). By 28 October 4, 2027, plaintiff’s counsel must provide opposing counsel with the proposed 1 || pretrial order for review and approval. Opposing counsel must communicate promptly 2 || with plaintiff's counsel concerning any objections to form or content of the pretrial order. 3 ||Both parties must promptly attempt to resolve their differences, if any, concerning the 4 || order. 5 13. The proposed final pretrial conference order, including objections to any other 6 || parties’ Federal Rule of Civil Procedure 26(a)(3) pretrial disclosures must be prepared, 7 ||served, and lodged with the assigned district judge by October 12, 2027 in the form 8 || prescribed in and in compliance with Civil Local Rule 16.1(f)(6). 9 14. The final pretrial conference is scheduled on the calendar of the Honorable 10 || Marilyn L. Huff on October 18, 2027 at 10:30 a.m. 1] 15. The parties must comply with case management orders set by the Court. 12 16. The Court will not modify the dates and times set forth in this order except 13 || for good cause shown. See, e.g., Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 14 || (9th Cir. 1992) (“the focus of the [good cause] inquiry is upon the moving party’s reasons 15 || for seeking modification.... If that party was not diligent, the inquiry should end.”) (internal 16 || citation omitted); Merck v. Swift Transp. Co., No. CV-16-01103-PHX-ROS, 2018 WL 17 4492362, at *2 (D. Ariz. Sept. 19, 2018) (“a party demonstrates good cause by acting 18 || diligently to meet the original deadlines set forth by the court’). 19 17. Pursuant to Civil Local Rule 7.1(h), briefs or memoranda in support of or in 20 || opposition to any pending motion must not exceed twenty-five (25) pages 1n length without 21 || leave of a district court judge. Reply memorandum must not exceed ten (10) pages without 22 || leave of a district court judge. Briefs and memoranda exceeding ten (10) pages in length 23 || must have a table of contents and a table of authorities cited. 24 18. Plaintiff's counsel must serve a copy of this order on all parties that later enter 25 || this case. 26 IT IS SO ORDERED. 27 Dated: September 4, 2026 Ny io 4. ou lal “A / 28 Honorable Allison H. Goddard United States Magistrate Judge