1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PACIFIC INTERNATIONAL LIQUOR, No. 2:25-cv-00761-DC-CKD

INC.,

12 Plaintiff, 13 SCHEDULING ORDER v. 14

OLIANA EXPERIENCE LLC,

15 Defendant. 16

OLIANA EXPERIENCE LLC,

17 Counter Claimant, 18 v. 19

PACIFIC INTERNATIONAL LIQUOR,

20 INC., 21 Counter Defendant. 22 23 Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the court has reviewed the 24 parties’ joint status report (Doc. No. 21) and has determined that the court need not “consult[] 25 with the parties’ attorneys and any unrepresented parties at a scheduling conference,” before 26 issuing a scheduling order in this case. Fed. R. Civ. P. 16(b)(1)(B). 27 ///// 28 ///// 1 I. SERVICE OF PROCESS 2 The named defendant has been served as required by Federal Rule of Civil Procedure 5. 3 No further service is permitted without leave of court, good cause having been shown under 4 Federal Rule of Civil Procedure 16(b). 5 II. JOINDER OF ADDITIONAL PARTIES / AMENDMENT OF PLEADINGS 6 The parties do not anticipate the joinder of additional parties or amendment of the 7 pleadings. 8 No further joinder of parties or amendments to pleadings is permitted without leave of 9 court, good cause having been shown. See Fed. R. Civ. P. 16(b); Johnson v. Mammoth 10 Recreations, Inc., 975 F.2d 27 604 (9th Cir. 1992). The parties are advised that the filing of 11 motions and/or stipulations requesting leave to amend the pleadings does not imply good cause to 12 modify the existing schedule. Fed. R. Civ. P. 16 (b)(4); see also Johnson, 975 F. 2d at 609. 13 Moreover, any amendment requested under Federal Rule of Civil Procedure 15(a) must not be: 14 (1) prejudicial to the opposing party; (2) the product of undue delay; (3) proposed in bad faith; or 15 (4) futile. See Foman v. Davis, 371 U.S. 178, 182 (1962). 16 III. DISCOVERY PROCEDURES 17 Discovery matters that do not implicate the schedule of the case are referred to the 18 assigned magistrate judge, who will hear all discovery disputes subject to his or her procedures. 19 (The assigned magistrate judge’s initials follow the district judge’s initials next to the case 20 number.) All discovery related filings must include the words “DISCOVERY MATTER” in the 21 caption to ensure proper routing. Do not direct delivery of courtesy copies of these documents to 22 the district judge. Counsel are directed to contact the magistrate judge’s courtroom deputy clerk 23 to schedule discovery matters for hearing. 24 All motions to compel discovery must be noticed on the assigned magistrate judge’s 25 calendar in accordance with the local rules of this court and the magistrate judge’s own 26 procedures. The written ruling of the assigned magistrate judge shall be final, subject to 27 modification by the district court only where it has been shown that the magistrate judge’s order 28 is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). Pursuant to Local Rule 303, 1 any party may file and serve a “Request for Reconsideration by the District Court of Magistrate 2 Judge’s Ruling.” See L.R. 303(c). The requesting party must file and serve any such request 3 within fourteen (14) days of service of a written ruling. L.R. 303(b). The request must specify 4 which portions of the ruling are clearly erroneous or contrary to law and the basis for that 5 contention with supporting points and authorities. L.R. 303(c). 6 In addition, the assigned magistrate judge reviews proposed discovery phase protective 7 orders sought by the parties pursuant to Local Rule 141.1. However, any requests to seal or redact 8 in connection with trial or motions to be resolved by Judge Coggins must be directed to Judge 9 Coggins and comply with her Standing Order and Local Rules 140 and 141. 10 IV. DISCOVERY DEADLINES 11 A. Rule 26(a) Initial Disclosures 12 The parties shall serve their initial disclosures pursuant to Federal Rule of Civil Procedure 13 Rule 26(a)(1) no later than 14 days after the date of entry of this scheduling order. Fed. R. Civ. P. 14 26(a)(1)(C). 15 Any parties served or joined after the issuance of this scheduling order shall “make the 16 initial disclosures within 30 days after being served or joined,” as provided by Rule 26(a)(1)(D). 17 B. Fact Discovery 18 All fact discovery shall be completed1 no later than January 30, 2026, which is a date 19 proposed by the parties. 20 The parties do not propose any limitations or changes to the governing provisions of the 21 Federal Rules of Civil Procedure, except that they have agreed to limit the number of requests for 22 production per side, though each side proposes a different limit. (Doc. No. 21 at 5–6.) Plaintiff 23 proposes a limit of 75 requests per side, whereas Defendant proposes a limit of 50 requests per 24 1 As used herein, the word “completed” means that all discovery shall have been conducted so 25 that all depositions have been taken and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and, where discovery has been ordered, the order has 26 been obeyed. The parties are advised that motions to compel must be filed in advance of the 27 discovery completion deadlines so that the court may grant effective relief within the allotted discovery time. A party’s failure to have a discovery dispute heard sufficiently in advance of the 28 discovery cutoff may result in denial of the motion as untimely. 1 side. The court will adopt Plaintiff’s proposal and provide a limit of 75 requests for production for 2 each side. 3 C. Expert Discovery 4 Disclosures of expert witnesses, if any, must be made pursuant to Federal Rule of Civil 5 Procedure 26(a)(2)(A), (B) and (C), and shall include all information required thereunder. Each 6 expert witness must be fully prepared to be examined on all subjects and opinions included in the 7 disclosures. Failure to comply with these requirements may result in the imposition of appropriate 8 sanctions, including the preclusion of the expert’s testimony, or of other evidence offered through 9 the expert. 10 The parties shall disclose initial experts and produce reports in accordance with Federal 11 Rule of Civil Procedure 26(a)(2) by no later than March 6, 2026, which is a date proposed by the 12 parties. With regard to expert testimony intended solely for rebuttal, those experts shall be 13 disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or 14 before April 10, 2026, which is a date proposed by the parties. 15 All expert discovery shall be completed no later than May 8, 2026, which is a date 16 proposed by the parties. 17 V. MOTIONS 18 All motions, except motions for continuances, temporary restraining orders, or other 19 emergency applications, shall be filed on or before June 5, 2026, which is a date proposed by the 20 parties, and shall be noticed for hearing before Judge Coggins on a date not more than 60 days 21 from the date the motion is filed and on a date that is listed on Judge Coggins’s website as an 22 available civil law and motion hearing date. Counsel are directed to refer to the local rules 23 regarding the requirements for noticing and opposing such motions on the court’s regularly 24 scheduled law and motion calendar. 25 Prior to filing a motion for summary judgment or motion for partial summary judgment 26 (summary adjudication), the parties are ordered to meet and confer, in person or by telephone, to 27 discuss the issues to be raised in the motion. In addition to complying with the requirements of 28 Local Rule 260, the parties must prepare a Joint Statement of Undisputed Facts, which identifies 1 all relevant facts subject to agreement by all parties. The moving party is responsible for filing the 2 joint statement concurrently with the motion. In the notice of motion, the moving party shall 3 certify that the parties have met and conferred as ordered above or provide a statement of good 4 cause for the failure to do so. 5 The parties shall refer to Judge Coggins’s Standing Order for her procedures with regard 6 to the filing of cross-motions for summary judgment and related briefing. 7 VI. SETTLEMENT CONFERENCE 8 The undersigned requires parties to participate in a court-supervised settlement conference 9 with a settlement judge before the action may proceed to trial. A settlement conference has not 10 been set at this time. At any time before the final pretrial conference, the parties may file a joint 11 request that this action be referred to a settlement judge for the setting of a settlement conference. 12 If the parties have not participated in a court-supervised settlement conference by the time of the 13 final pretrial conference, the court will refer the action at that time to the assigned magistrate 14 judge for the setting of a settlement conference. The parties shall contact the designated 15 settlement conference judge’s chambers to ascertain that judge’s settlement conference 16 procedures, including the procedure for submitting confidential settlement statements, which shall 17 not be filed and will not otherwise be disclosed to the trial judge. 18 Unless otherwise permitted in advance by the court, the attorneys who will try the case 19 shall appear at the settlement conference. Pertinent evidence to be offered at trial, documents or 20 otherwise, should be brought to the settlement conference for presentation to the settlement judge. 21 Neither the settlement conference statements nor communications during the settlement 22 conference with the settlement judge can be used by either party in the trial of this case. 23 Absent permission from the court, in addition to counsel who will try the case being 24 present, the individual parties shall also be present, and in the case of corporate parties, 25 associations or other entities, and insurance carriers, a representative executive with unrestricted 26 authority to discuss, consider, propose and agree, or disagree, to any settlement proposal or offer 27 shall also be present. If for any reason the representative with unlimited authority cannot attend, 28 such a person must be available by phone or video throughout the conference. In other words, 1 having settlement authority “up to a certain amount” is not acceptable. 2 VII. FINAL PRETRIAL CONFERENCE 3 The court will not set a final pretrial conference date in this scheduling order. Instead, 4 upon resolution of any motions filed by the deadline set forth in Section V of this order, or upon 5 the expiration of that deadline if no such motions were filed, the court will set a date for a final 6 pretrial conference, which will be conducted in person in Courtroom 8. The court will not 7 entertain requests to conduct the final pretrial conference by Zoom. 8 The parties are directed to file a joint pretrial statement, carefully prepared and executed 9 by all counsel, that complies with the requirements of this Local Rule 281 and Judge Coggins’s 10 Standing Order. Counsel shall also email a copy of the joint pretrial statement in Word format to 11 Judge Coggins’s chambers at dcorders@caed.uscourts.gov. The parties’ attention is directed to 12 Local Rules 281 and 282. This court will insist upon strict compliance with these rules. 13 At the final pretrial conference, the court will set a trial date and deadlines to file trial 14 documents, including motions in limine, trial briefs, and proposed jury voir dire, instructions, and 15 verdict forms (where applicable). In addition, at the final pretrial conference, the parties shall 16 have a joint list of proposed trial dates that are within 60 to 120 days from the date of the final 17 pretrial conference, and the parties shall be prepared to confirm a trial date. 18 VIII. REQUEST FOR BIFURCATION, APPOINTMENT OF SPECIAL MASTER, OR 19 OTHER TECHNIQUES TO SHORTEN TRIAL 20 The parties have not made any such requests at this time and do not anticipate any such 21 requests. 22 IX. RELATED MATTERS PENDING 23 There is no related litigation pending in this district, but there is a related cancellation 24 proceeding pending before the U.S. Trademark Trial and Appeal Board, Cancellation No. 25 92088161. 26 X. OBJECTIONS AND MODIFICATIONS TO THE SCHEDULING ORDER 27 This case schedule will become final without further order of the court unless 28 objections are filed within fourteen (14) days of the entry of this order. The schedule, once 1 | final, shall not be modified except by leave of court upon showing of good cause. The assigned 2 | magistrate judge is authorized to modify the discovery dates set forth in Section IV of this order, 3 | but only to the extent that any such modification does not impact the motions filing deadline set 4 | forth in Section V of this order. A stipulation or request by the parties to modify only the 5 || discovery deadlines shall therefore be directed to the assigned magistrate judge. 6 The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil 7 | Procedure, no stipulations extending scheduling requirements or modifying applicable rules are 8 || effective until and unless the court approves them. Agreement of the parties by stipulation alone 9 | does not constitute good cause. Any request or stipulation to modify this scheduling order must 10 | set forth: 11 (1) the existing due date or hearing date as well as the discovery cutoff date, and the 12 last date for filing motions; 13 (2) whether there have been prior requests for extensions, and whether these were 14 granted or denied by the court; and 15 (3) specific, concrete reasons supporting good cause for granting of the extension. For 16 example, if the reason for the requested extension is that it “will promote 17 settlement,” the requesting party or parties must indicate the status of ongoing 18 negotiations, 1.e., have written proposals been exchanged; is counsel in the process 19 of reviewing a draft settlement agreement; has a mediator been selected. 20 21

IT IS SO ORDERED. □

23 | Dated: _ July 16, 2025 □□□ Os Dena Coggins 24 United States District Judge 25 26 27 28