Filed: Mar. 04, 2016
Latest Update: Mar. 04, 2016
Summary: CASE MANAGEMENT AND PRETRIAL ORDER FOR BENCH TRIAL ELIZABETH D. LAPORTE , Magistrate Judge . Following the Case Management Conference held on March 1, 2016, IT IS HEREBY ORDERED THAT pursuant to Fed. R. Civ. P. 16, the following case management and pretrial order is entered: 1. TRIAL DATE a. Court trial will begin on January 18, 2017 at 8:30 a.m. in Courtroom E, 15th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. Should a daily transcript and/or realtime reporting be desired, t
Summary: CASE MANAGEMENT AND PRETRIAL ORDER FOR BENCH TRIAL ELIZABETH D. LAPORTE , Magistrate Judge . Following the Case Management Conference held on March 1, 2016, IT IS HEREBY ORDERED THAT pursuant to Fed. R. Civ. P. 16, the following case management and pretrial order is entered: 1. TRIAL DATE a. Court trial will begin on January 18, 2017 at 8:30 a.m. in Courtroom E, 15th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. Should a daily transcript and/or realtime reporting be desired, th..
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CASE MANAGEMENT AND PRETRIAL ORDER FOR BENCH TRIAL
ELIZABETH D. LAPORTE, Magistrate Judge.
Following the Case Management Conference held on March 1, 2016, IT IS HEREBY ORDERED THAT pursuant to Fed. R. Civ. P. 16, the following case management and pretrial order is entered:
1. TRIAL DATE
a. Court trial will begin on January 18, 2017 at 8:30 a.m. in Courtroom E, 15th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. Should a daily transcript and/or realtime reporting be desired, the parties shall make arrangements with Debra Campbell, Court Reporter Supervisor, at (415) 522-2079 or Debra_Campbell@cand.uscourts.gov, at least 14 days prior to the trial date.
b. The length of the trial will be not more than 2 days.
2. MOTIONS
The opening dispositive motion must be filed no later than August 9, 2016. A combined opposition and cross motion brief is due August 23, 2016. A combined reply and opposition brief is due September 6, 2016. The reply is due September 13, 2016. The last day for hearing dispositive motions shall be September 27, 2016. Briefing shall be in compliance with Civil Local Rule 7-3.
3. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
The parties were referred to mediation through the Court's Alternative Dispute Resolution department.
PRETRIAL CONFERENCE
a. A pretrial conference shall be held on December 13, 2016 at 2:00 p.m. in Courtroom E, 15th Floor. Each party shall attend personally or by lead counsel who will try the case. 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. At least 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. At least 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 claimed, 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, and any procedural or evidentiary issues.
(d) Trial Preparation.
(i) Witnesses to Be Called. With regard to witnesses disclosed pursuant to Federal 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 with 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.
(iii) Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired.
(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, motions in limine (including any motion regarding the qualifications or testimony of any expert witness), and excerpts from discovery that will be offered at trial (include a copy of the deposition testimony or admission), and joint proposed findings of fact and conclusions of law. The findings of fact shall set forth in simple, declarative sentences, separately numbered, all factual contentions relied upon by the party in support of its claims for relief and shall be free of pejorative language and argument. Counsel shall submit separately their disputed findings of fact and conclusions of law. Counsel shall deliver to chambers a copy of their proposed findings of fact and conclusions of law on a computer diskette compatible with WordPerfect 6.1, 7, 8, 9, 10 or 8.0 for Windows.
(3) Serve and file an exhibit setting forth the qualifications and experience of each expert witness;
(4) Serve and file a list of each party's exhibits by numbers 1-500 (plaintiff) or numbers 750-1250 (defendant), including a brief statement describing the substance and purpose of each exhibit and
the name of the sponsoring witness; (5) Exchange exhibits which shall be premarked (plaintiff shall use numbers 1-500; defendant shall use numbers 750-1250) and tabbed. Exhibits shall be three-hole punched and shall be submitted in binders. Each exhibit shall be marked on the front page or on the back of the last page with the information contained in Exhibit A to this Order; and
(6) Deliver two sets of all premarked exhibits to chambers (exhibits are not to be filed). The two sets of premarked exhibits shall be for Court use only. The parties shall bring a third set of their trial exhibits to trial to witnesses.
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, by the above deadline, without leave of the Court and for good cause.
d. At least (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 the use of deposition excerpts or other discovery; (2) any objections to non-expert witnesses; (3) any opposition to a motion in limine. No replies shall be filed.
e. All motions in limine and objections shall be heard at the pretrial conference.
6. All documents filed with the Clerk of the Court shall list the civil case number followed by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies shall be three-hole punched at the left side, suitable for insertion into standard binders. In addition, all motions in limine, forms of verdict and trial briefs shall be accompanied by a diskette containing a copy of the document formatted in WordPerfect 6.1, 7, 8, 9, or 10 (Windows) or 8.0 (Windows).
IT IS SO ORDERED.
EXHIBIT A
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case Number: Case Number: Case Number:
PLTF/DEFT EXHIBIT PLTF/DEFT EXHIBIT PLTF/DEFT EXHIBIT
NO._____________ NO._____________ NO._____________
Date Date Date
Admitted:________________________ Admitted:________________________ Admitted:________________________
By:_______________________________ By:_______________________________ By:_______________________________
Stephen Ybarra, Deputy Clerk Stephen Ybarra, Deputy Clerk Stephen Ybarra, Deputy Clerk
---------------------------------- ---------------------------------- ----------------------------------
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case Number: Case Number: Case Number:
PLTF/DEFT EXHIBIT PLTF/DEFT EXHIBIT PLTF/DEFT EXHIBIT
NO._____________ NO._____________ NO._____________
Date Date Date
Admitted:________________________ Admitted:________________________ Admitted:________________________
By:_______________________________ By:_______________________________ By:_______________________________
Stephen Ybarra, Deputy Clerk Stephen Ybarra, Deputy Clerk Stephen Ybarra, Deputy Clerk
---------------------------------- ---------------------------------- ----------------------------------
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case Number: Case Number: Case Number:
PLTF/DEFT EXHIBIT PLTF/DEFT EXHIBIT PLTF/DEFT EXHIBIT
NO._____________ NO._____________ NO._____________
Date Date Date
Admitted:________________________ Admitted:________________________ Admitted:________________________
By:_______________________________ By:_______________________________ By:_______________________________
Stephen Ybarra, Deputy Clerk Stephen Ybarra, Deputy Clerk Stephen Ybarra, Deputy Clerk
---------------------------------- ---------------------------------- ----------------------------------
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case Number: Case Number: Case Number:
PLTF/DEFT EXHIBIT PLTF/DEFT EXHIBIT PLTF/DEFT EXHIBIT
NO._____________ NO._____________ NO._____________
Date Date Date
Admitted:________________________ Admitted:________________________ Admitted:________________________
By:_______________________________ By:_______________________________ By:_______________________________
Stephen Ybarra, Deputy Clerk Stephen Ybarra, Deputy Clerk Stephen Ybarra, Deputy Clerk
---------------------------------- ---------------------------------- ----------------------------------
