AMENDED1 CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL
KANDIS A. WESTMORE, District Judge.
1. TRIAL DATE (First Trial)
a. Jury trial will begin on June 16, 2014 at 1:00 p.m. at the U.S. District Court, 1301 Clay Street, Oakland, California. For courtroom number and floor information, please check the Court's on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call Susan Imbriani (Judge Westmore's Courtroom Deputy) at (510) 637-3525.
b. The length of the trial will be not more than 5 days. The Court may shorten the allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side. Given the Court's criminal duty calendar, trial will begin each day at 1:00 p.m. and end at 5:00 p.m.
2. PRETRIAL CONFERENCE
a. A pretrial conference shall be held on June 3, 2014 at 3:00 p.m. Lead counsel who will try the case (or the party if pro se) must attend. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by this order.
b. By May 6, 2014, thirty (30) days prior to the date of the pretrial conference, lead counsel shall meet and confer regarding:
(1) Preparation and content of the joint pretrial conference statement;
(2) Preparation and exchange of pretrial materials to be served and lodged pursuant to paragraph 5(c) below; and
(3) Settlement of the action.
c. By May 16, 2014, twenty (20) days prior to the pretrial conference, counsel and/or parties shall:
(1) Serve and file a joint pretrial statement that includes the pretrial disclosures required by Federal Rule of Civil Procedure 26(a)(3) as well as the following supplemental information:
(a) The Action.
(i) Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided.
(ii) Relief Prayed. A detailed statement of all the relief claims, particularly itemizing all elements of damages claimed as well as witnesses, documents or other evidentiary material to be presented concerning the amount of those damages.
(b) The Factual Basis of the Action.
(i) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits.
(ii) Disputed Factual Issues. A plain and concise statement of all disputed factual issues which remain to be decided.
(iii) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts.
(iv) Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes.
(c) Disputed Legal Issues.
Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions.
(d) Trial Preparation.
(i) Witnesses to Be Called. With regard to witnesses disclosed pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A), a brief statement describing the substance of the testimony to be given.
(ii) Estimate of Trial Time. An estimate of the number of hours needed for the presentation of each party's case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits.
(iii) Use of Discovery Responses. Designate excerpts from discovery that the parties intend to present at trial, other than solely for impeachment or rebuttal, from depositions specifying the witness page and line references, from interrogatory answers, or from responses to requests for admission.
(e) Trial Alternatives and Options.
(i) Settlement Discussion. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive.
(ii) Amendments, Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of parties, claims or defenses.
(f) Miscellaneous.
Any other subjects relevant to the trial of the action or material to its just, speedy and inexpensive determination.
(2) Serve and file trial briefs (not to exceed 25 pages), which shall specify each cause of action and defense remaining to be tried along with a statement of the applicable legal standard (no opposition shall be filed);
(3) Serve and file no more than ten motions in limine, which shall be filed in one document not to exceed 25 pages;
(4) Serve and file proposed voir dire questions, jury instructions, verdict forms and excerpts from discovery that will be offered at trial (include a copy of the deposition testimony or admission). The parties shall submit proposed jury instructions jointly. If there are any instructions on which the parties cannot agree, those instructions may be submitted separately. The parties shall submit a jointly prepared proposed form of verdict, or, if the parties cannot agree, their respective proposals;
(5) Serve and file an exhibit setting forth the qualifications and experience for each expert witness;
(6) Serve and file a list of each party's exhibits by number (plaintiff) or letter (defendant), including a brief statement describing the substance and purpose of each exhibit and the name of the sponsoring witness;
(7) Exchange exhibits which shall be premarked with an exhibit sticker tabbed and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3, etc.); and
(8) Deliver two sets of all premarked exhibits to chambers, tabbed and in binders (exhibits are not to be filed).
No party shall be permitted to call any witness or offer any exhibit in its case in chief that is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good cause.
d. By May 23, 2014, ten (10) days prior to the pretrial conference, after meeting and conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any objections to witnesses, including the qualifications of an expert witness; (3) any objection to proposed voir dire questions, jury instructions and verdict forms that the parties have been unable in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The parties shall not file separate objections, apart from those contained in the motions in limine, to the opposing party's witness list, exhibit list or discovery designations.
e. All motions shall be heard at the pretrial conference unless otherwise ordered.
3. JURY TRIAL
a. The attached voir dire questionnaire (or similar) shall be given or presented to the venire members to be answered orally in Court. Counsel shall submit an agreed upon set of additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning.
b. The following jury instructions from the Ninth Circuit Manual of Model Civil Jury Instructions (available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not submit duplicates of those listed above. Any instructions on which counsel cannot agree may be submitted separately. Each requested instruction shall be typed in full on a separate page with citations to the authority upon which it is based and a reference to the party submitting it. A second blind copy of each instruction and verdict form shall also be submitted omitting the citation to authority and the reference to the submitting party.
4. In addition to electronic filing, Counsel shall email copies of all proposed jury instructions, motions in limine, forms of verdict, and trial briefs in standard Word format (.doc or.docx, not .pdf format) to kawpo@cand.uscourts.gov.
5. SUMMARY OF DATES
Trial June 16, 2014
Pretrial Conference June 3, 2014
Objections May 23, 2014
Joint Pretrial Statement May 16, 2014
Meet and Confer May 6, 2014
1. TRIAL DATE (Second Trial)
a. Jury trial will begin on June 30, 2014 at 1:00 p.m. at the U.S. District Court, 1301 Clay Street, Oakland, California. For courtroom number and floor information, please check the Court's on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call Susan Imbriani (Judge Westmore's Courtroom Deputy) at (510) 637-3525.
b. The length of the trial will be not more than 5 days. The Court may shorten the allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side. Given the Court's criminal duty calendar, trial will begin each day at 1:00 p.m. and end at 5:00 p.m.
2. PRETRIAL CONFERENCE
a. A pretrial conference shall be held on June 17, 2014 at 3:00 p.m. Lead counsel who will try the case (or the party if pro se) must attend. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by this order.
b. By May 20, 2014, thirty (30) days prior to the date of the pretrial conference, lead counsel shall meet and confer regarding:
(1) Preparation and content of the joint pretrial conference statement;
(2) Preparation and exchange of pretrial materials to be served and lodged pursuant to paragraph 5(c) below; and
(3) Settlement of the action.
c. By May 30, 2014, twenty (20) days prior to the pretrial conference, counsel and/or parties shall:
(1) Serve and file a joint pretrial statement that includes the pretrial disclosures required by Federal Rule of Civil Procedure 26(a)(3) as well as the following supplemental information:
(a) The Action.
(i) Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided.
(ii) Relief Prayed. A detailed statement of all the relief claims, particularly itemizing all elements of damages claimed as well as witnesses, documents or other evidentiary material to be presented concerning the amount of those damages.
(b) The Factual Basis of the Action.
(i) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits.
(ii) Disputed Factual Issues. A plain and concise statement of all disputed factual issues which remain to be decided.
(iii) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts.
(iv) Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes.
(c) Disputed Legal Issues.
Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions.
(d) Trial Preparation.
(i) Witnesses to Be Called. With regard to witnesses disclosed pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A), a brief statement describing the substance of the testimony to be given.
(ii) Estimate of Trial Time. An estimate of the number of hours needed for the presentation of each party's case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits.
(iii) Use of Discovery Responses. Designate excerpts from discovery that the parties intend to present at trial, other than solely for impeachment or rebuttal, from depositions specifying the witness page and line references, from interrogatory answers, or from responses to requests for admission.
(e) Trial Alternatives and Options.
(i) Settlement Discussion. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive.
(ii) Amendments, Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of parties, claims or defenses.
(f) Miscellaneous.
Any other subjects relevant to the trial of the action or material to its just, speedy and inexpensive determination.
(2) Serve and file trial briefs (not to exceed 25 pages), which shall specify each cause of action and defense remaining to be tried along with a statement of the applicable legal standard (no opposition shall be filed);
(3) Serve and file no more than ten motions in limine, which shall be filed in one document not to exceed 25 pages;
(4) Serve and file proposed voir dire questions, jury instructions, verdict forms and excerpts from discovery that will be offered at trial (include a copy of the deposition testimony or admission). The parties shall submit proposed jury instructions jointly. If there are any instructions on which the parties cannot agree, those instructions may be submitted separately. The parties shall submit a jointly prepared proposed form of verdict, or, if the parties cannot agree, their respective proposals;
(5) Serve and file an exhibit setting forth the qualifications and experience for each expert witness;
(6) Serve and file a list of each party's exhibits by number (plaintiff) or letter (defendant), including a brief statement describing the substance and purpose of each exhibit and the name of the sponsoring witness;
(7) Exchange exhibits which shall be premarked with an exhibit sticker tabbed and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3, etc.); and
(8) Deliver two sets of all premarked exhibits to chambers, tabbed and in binders (exhibits are not to be filed).
No party shall be permitted to call any witness or offer any exhibit in its case in chief that is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good cause.
d. By June 9, 2014, ten (10) days prior to the pretrial conference, after meeting and conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any objections to witnesses, including the qualifications of an expert witness; (3) any objection to proposed voir dire questions, jury instructions and verdict forms that the parties have been unable in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The parties shall not file separate objections, apart from those contained in the motions in limine, to the opposing party's witness list, exhibit list or discovery designations.
e. All motions shall be heard at the pretrial conference unless otherwise ordered.
3. JURY TRIAL
a. The attached voir dire questionnaire (or similar) shall be given or presented to the venire members to be answered orally in Court. Counsel shall submit an agreed upon set of additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning.
b. The following jury instructions from the Ninth Circuit Manual of Model Civil Jury Instructions (available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not submit duplicates of those listed above. Any instructions on which counsel cannot agree may be submitted separately. Each requested instruction shall be typed in full on a separate page with citations to the authority upon which it is based and a reference to the party submitting it. A second blind copy of each instruction and verdict form shall also be submitted omitting the citation to authority and the reference to the submitting party.
4. In addition to electronic filing, Counsel shall email copies of all proposed jury instructions, motions in limine, forms of verdict, and trial briefs in standard Word format (.doc or.docx, not .pdf format) to kawpo@cand.uscourts.gov.
5. SUMMARY OF DATES
Trial June 30, 2014
Pretrial Conference June 17, 2014
Objections June 9, 2014
Joint Pretrial Statement May 30, 2014
Meet and Confer May 20, 2014
1. TRIAL DATE (Third Trial)
a. Jury trial will begin on September 15, 2014 at 8:30 a.m. at the U.S. District Court, 1301 Clay Street, Oakland, California. For courtroom number and floor information, please check the Court's on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call Susan Imbriani (Judge Westmore's Courtroom Deputy) at (510) 637-3525.
b. The length of the trial will be not more than 5 days. The Court may shorten the allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side. Court hours for trial normally are 8:30 a.m. to 1:30 p.m., subject to the Court's availability.
2. PRETRIAL CONFERENCE
a. A pretrial conference shall be held on September 2, 2014 at 3:00 p.m. Lead counsel who will try the case (or the party if pro se) must attend. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by this order.
b. By August 5, 2014 thirty (30) days prior to the date of the pretrial conference, lead counsel shall meet and confer regarding:
(1) Preparation and content of the joint pretrial conference statement;
(2) Preparation and exchange of pretrial materials to be served and lodged pursuant to paragraph 5(c) below; and
(3) Settlement of the action.
c. By August 15, 2014, twenty (20) days prior to the pretrial conference, counsel and/or parties shall:
(1) Serve and file a joint pretrial statement that includes the pretrial disclosures required by Federal Rule of Civil Procedure 26(a)(3) as well as the following supplemental information:
(a) The Action.
(i) Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided.
(ii) Relief Prayed. A detailed statement of all the relief claims, particularly itemizing all elements of damages claimed as well as witnesses, documents or other evidentiary material to be presented concerning the amount of those damages.
(b) The Factual Basis of the Action.
(i) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits.
(ii) Disputed Factual Issues. A plain and concise statement of all disputed factual issues which remain to be decided.
(iii) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts.
(iv) Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes.
(c) Disputed Legal Issues.
Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions.
(d) Trial Preparation.
(i) Witnesses to Be Called. With regard to witnesses disclosed pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A), a brief statement describing the substance of the testimony to be given.
(ii) Estimate of Trial Time. An estimate of the number of hours needed for the presentation of each party's case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits.
(iii) Use of Discovery Responses. Designate excerpts from discovery that the parties intend to present at trial, other than solely for impeachment or rebuttal, from depositions specifying the witness page and line references, from interrogatory answers, or from responses to requests for admission.
(e) Trial Alternatives and Options.
(i) Settlement Discussion. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive.
(ii) Amendments, Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of parties, claims or defenses.
(f) Miscellaneous.
Any other subjects relevant to the trial of the action or material to its just, speedy and inexpensive determination.
(2) Serve and file trial briefs (not to exceed 25 pages), which shall specify each cause of action and defense remaining to be tried along with a statement of the applicable legal standard (no opposition shall be filed);
(3) Serve and file no more than ten motions in limine, which shall be filed in one document not to exceed 25 pages;
(4) Serve and file proposed voir dire questions, jury instructions, verdict forms and excerpts from discovery that will be offered at trial (include a copy of the deposition testimony or admission). The parties shall submit proposed jury instructions jointly. If there are any instructions on which the parties cannot agree, those instructions may be submitted separately. The parties shall submit a jointly prepared proposed form of verdict, or, if the parties cannot agree, their respective proposals;
(5) Serve and file an exhibit setting forth the qualifications and experience for each expert witness;
(6) Serve and file a list of each party's exhibits by number (plaintiff) or letter (defendant), including a brief statement describing the substance and purpose of each exhibit and the name of the sponsoring witness;
(7) Exchange exhibits which shall be premarked with an exhibit sticker tabbed and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3, etc.); and
(8) Deliver two sets of all premarked exhibits to chambers, tabbed and in binders (exhibits are not to be filed).
No party shall be permitted to call any witness or offer any exhibit in its case in chief that is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good cause.
d. By August 22, 2014, ten (10) days prior to the pretrial conference, after meeting and conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any objections to witnesses, including the qualifications of an expert witness; (3) any objection to proposed voir dire questions, jury instructions and verdict forms that the parties have been unable in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The parties shall not file separate objections, apart from those contained in the motions in limine, to the opposing party's witness list, exhibit list or discovery designations.
e. All motions shall be heard at the pretrial conference unless otherwise ordered.
3. JURY TRIAL
a. The attached voir dire questionnaire (or similar) shall be given or presented to the venire members to be answered orally in Court. Counsel shall submit an agreed upon set of additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning.
b. The following jury instructions from the Ninth Circuit Manual of Model Civil Jury Instructions (available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not submit duplicates of those listed above. Any instructions on which counsel cannot agree may be submitted separately. Each requested instruction shall be typed in full on a separate page with citations to the authority upon which it is based and a reference to the party submitting it. A second blind copy of each instruction and verdict form shall also be submitted omitting the citation to authority and the reference to the submitting party.
4. In addition to electronic filing, Counsel shall email copies of all proposed jury instructions, motions in limine, forms of verdict, and trial briefs in standard Word format (.doc or.docx, not .pdf format) to kawpo@cand.uscourts.gov.
5. SUMMARY OF DATES
Trial September 15, 2014
Pretrial Conference September 2, 2014
Objections August 22, 2014
Joint Pretrial Statement August 15, 2014
Meet and Confer August 5, 2014
