Bertha V. Leon et al v. Wal-Mart Stores, Inc et al

Filing 13

SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) by Judge Otis D. Wright, II. Deadline to Head Motion to Amend Pleadings or Add Parties by 12/11/2017., Expert Discovery cut-off 3/26/2018., Motions due by 5/7/2018., Hearing on Motions in Limine to 6/18/2018., Proposed Pretrial Order due by 5/28/2018., Last date to conduct settlement conference is 4/30/2018., Final Pretrial Conference 6/4/2018 01:30 PM., Jury Trial set for 6/26/2018 09:00 AM. (bp)

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1 2 3 4 5 6 7 United States District Court Central District of California 8 9 10 11 Bertha V. Leon et al., 12 Plaintiff, 13 v. Case CV 17-04559-ODW(SK) 14 SCHEDULING AND CASE MANAGEMENT ORDER Wal-Mart Stores, Inc et al., (JURY TRIAL) Defendants. 15 16 FOR CASES ASSIGNED TO JUDGE OTIS D. WRIGHT, II 17 This Order is to advise the parties and counsel of the schedule that will govern 18 19 this case. THE SCHEDULING CONFERENCE IS VACATED. SEE THE 20 LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. Ordinarily, the 21 dates set forth on the last page are determined after consultation with the parties at the 22 Federal Rule of Civil Procedure 16(b) Scheduling Conference. 23 requirements are firm. The Court is unlikely to grant continuances, even if stipulated 24 by the parties, unless the parties establish good cause through a concrete showing. 25 /// 26 /// 27 /// 28 /// The dates and 1 2 IT IS HEREBY ORDERED: 1. To secure the just, speedy, and inexpensive determination of every 3 action, all counsel are ordered to familiarize themselves with and follow the Federal 4 Rules of Civil Procedure and the Local Rules of the Central District of California. 5 This Court follows these rules and they will govern this litigation unless otherwise 6 provided in this Order. 7 2. Because this Order in some respects modifies or adds to the Local Rules, 8 counsel are advised to read it carefully. 9 attention to the requirements of the Court with respect to the filing of motions for 10 summary judgment and documents to be submitted at the Final Pretrial Conference 11 and Trial. 12 3. Counsel are advised to pay particular The attorney attending any proceeding before this court must be an 13 attorney who is thoroughly knowledgeable about the case, responsible for the conduct 14 of the litigation, and who has authority to enter into stipulations and to make 15 admissions regarding all matters that the participants reasonably anticipate may be 16 discussed. 17 Conference. A party who is not represented must attend all proceedings in person. 18 4. Lead counsel who will actually try the case must attend the Pretrial Courtesy Copies: Courtesy copies of all electronically filed documents 19 are to be delivered to the courtesy box on the 4th Floor of the U.S. Courthouse, 350 W. 20 1st Street by the following business day. 21 Courtesy copies DO NOT need to be blue-backed. All courtesy copies of 22 pretrial documents (e.g. witness lists, exhibit lists, pretrial conference orders, 23 jury instructions, etc.) shall be three-hole punched. 24 5. Discovery Cut-Off: Percipient and expert discovery shall be completed 25 by the discovery cut-off dates specified on the last page of this Order. THIS IS NOT 26 THE DATE BY WHICH DISCOVERY REQUESTS MUST BE SERVED; IT IS 27 THE DATE BY WHICH ALL DISCOVERY IS TO BE COMPLETED. 28 Any motion challenging the adequacy of responses to discovery must be heard 2 1 sufficiently in advance of the discovery cut-off date to permit the responses to be 2 obtained before that date if the motion is granted. In an effort to provide further 3 guidance to the parties, the Court notes the following: a. 4 Depositions: All depositions shall be scheduled to commence 5 sufficiently in advance of the discovery cut-off date to permit their completion and to 6 permit the deposing party enough time to bring any discovery motions concerning the 7 deposition prior to the cut-off date. b. 8 Written Discovery: All interrogatories, requests for production of 9 documents, and requests for admissions shall be served sufficiently in advance of the 10 discovery cut-off date to permit the discovering party enough time to challenge (via 11 motion practice) responses deemed to be deficient. c. 12 Discovery Motions: Whenever possible, the Court expects the 13 parties to resolve discovery issues among themselves in a courteous, reasonable, and 14 professional manner. 15 discovery motions. (The Magistrate Judge’s initials follow the district judge's initials 16 next to the case number on the first page of this Order.) Counsel are directed to 17 contact the Magistrate Judge’s courtroom deputy clerk (CRD) to schedule a hearing 18 on any discovery related matters. Counsel should not deliver courtesy copies of these 19 discovery documents to this Court. d. 20 The Magistrate Judge assigned to this case will rule on Expert Discovery: If expert witnesses are to be called at trial, the 21 parties shall designate affirmative experts to be called at trial and provide reports 22 required by Federal Rule of Civil Procedure 26(a)(2)(B) not later than eight weeks 23 prior to the expert discovery cut-off date. 24 designated and reports provided as required by Rule 26(a)(2)(B) not later than five 25 weeks prior to the expert discovery cut-off date. Failure to timely comply with 26 deadlines may result in the expert being excluded as a trial witness. 27 28 6. Rebuttal expert witnesses shall be Motions and Motion Cut-Off Date a. General Provisions: All law and motion matters, except for 3 1 motions in limine, must be set for hearing (not filed) by the motion cut-off date 2 specified on the last page of this Order. This Court hears motions in civil matters on 3 Mondays at 1:30 p.m. The parties must adhere to the requirements of the Local 4 Rules. See Local Rules 7-1 et seq. If any party does not oppose a motion, that party 5 shall submit a written statement that it does not oppose the motion in accordance with 6 Local Rule 7-9. The parties should note that failure to meet the time limits for filing 7 an opposition set forth in Local Rule 7-9 shall be deemed consent to the granting of 8 the motion. See Local Rule 7-12. 9 The title page of all motions must state the Pre-Trial Conference date and the 10 Trial date. Counsel must comply with Local Rule 7-3, which requires counsel to 11 engage in a pre-filing conference “to discuss thoroughly . . . the substance of the 12 contemplated motion and any potential resolution.” 13 Issues left undetermined after the passage of the motion cut-off date should be 14 listed as issues for trial in the Final Pre-Trial Conference Order. As an exception to 15 the above, motions in limine dealing with evidentiary matters may be heard pursuant 16 to the schedule specified on the last page of this Order. 17 b. Meeting and Conferring: The Parties are required to meet and 18 confer with opposing counsel prior to the filing of a motion or ex parte application 19 under Local Rule 7-3. The Court notes that is the responsibility of both parties to 20 meet and confer in good faith on any disputed issues. 21 sanctions, including monetary sanctions and/or the summary denial of a motion, if 22 either party fails to meet and confer in good faith or fails to reasonably narrow the 23 issues in dispute. 24 c. The Court will impose Ex Parte Applications: Ex parte practice is discouraged. See 25 Mission Power Eng’g v Co. v. Continental Cas. Co., 883 F. Supp. 488 (C.D. Cal. 26 1995). The Court will require strict adherence to proper ex parte procedures for any 27 ex parte application filed with the Court. Id. at 492; see also Judge Wright’s Standing 28 Order and Local Rule 7-19. Any opposition to an ex parte application must be 4 1 filed within 24 hours. Failure to submit a timely opposition constitutes consent to the 2 granting of the application. See Local Rule 7-12. No party may file a reply unless 3 expressly authorized by the Court. All ex parte applications will be decided on the 4 papers and without a hearing unless the Court orders otherwise. 5 d. Applications and Stipulations to Extend Time: Applications to 6 extend the time to file any required document or to continue any hearing, Pre-Trial 7 Conference, or Trial date must set forth the following: 8 (i) off date, the Pre-Trial Conference date, and the Trial date; 9 10 (ii) (iii) 15 16 Whether there have been prior requests for extensions, and whether these requests were granted or denied by the Court. 13 14 Specific, concrete reasons supporting good cause for granting the extension; and 11 12 The existing due date or hearing date, as well as the discovery cut- The parties are cautioned that the Court will not necessarily grant an extension or continuance simply because all parties have stipulated to it. e. Joinder of Parties and Amendment of Pleadings: The deadline 17 for joining parties and amending pleadings is set forth on the last page of this Order. 18 Any motions to join other parties or for leave to amend the pleadings shall be set for 19 hearing on before this date. If any party moves to amend a pleading after this date, 20 they must address the propriety of amendment under Johnson v. Mammoth 21 Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). 22 In addition to the requirements of Local Rule 15-1, all motions to amend the 23 pleadings shall: (1) state the effect of the amendment; (2) be serially numbered to 24 differentiate the amendment from previous amendments; and (3) state the page, line 25 number(s), and wording of any proposed change or addition of material. The parties 26 shall deliver to Chambers a redlined version of the proposed amended pleading 27 indicating all additions and deletions of material. 28 f. Summary Judgment Motions: Parties need not wait until the 5 1 motion cutoff to bring motions for summary judgment or partial summary judgment. 2 Early completion of non-expert discovery and filing of motions for summary 3 judgment may eliminate or reduce the need for expensive expert depositions that are 4 normally conducted in the last stages of discovery. 5 that the party moving for summary judgment will provide no less than thirty-five 6 (35) days’ notice for such motions. Because summary judgment motions are fact- 7 dependent, parties should prepare papers in a fashion that will assist the Court in 8 absorbing the mass of facts (e.g., generous use of tabs, tables of contents, headings, 9 indices, etc.). The parties are to comply precisely with Local Rule 56-1 through 56-4. 10 However, the Court requires The Court will also require adherence to the following requirements: (i) 11 Statement of Uncontroverted Facts and Statement of Genuine Issues of Material Fact 12 13 The movant’s Separate Statement of Uncontroverted Facts is to be prepared in a 14 two column format. The left-hand column should set forth the allegedly undisputed 15 fact. The right-hand column should set forth the evidence that supports the factual 16 statement. 17 paragraphs. Each paragraph should contain a narrowly focused statement of fact. 18 Each numbered paragraph should address a single subject in as concise a manner as 19 possible. The factual statements should be set forth in sequentially numbered 20 The opposing party’s Statement of Genuine Issues of Material Fact must be in 21 two columns and track the movant's Separate Statement exactly as prepared. The 22 document must be in two columns; the left-hand column must restate the allegedly 23 undisputed fact, and the right-hand column must indicate either undisputed or 24 disputed. The opposing party may dispute all or only a portion of the statement, but if 25 disputing only a portion, must clearly indicate what part is being disputed. Where the 26 opposing party is disputing the fact in whole or part, the opposing party must, in the 27 right-hand column, label and restate the moving party’s evidence in support of the 28 fact, followed by the opposing party’s evidence controverting the fact. Where the 6 1 opposing party is disputing the fact on the basis of an evidentiary objection, the party 2 must cite the evidence alleged to be objectionable and state the ground of the 3 objection and nothing more. No argument should be set forth in this document. 4 The opposing party may submit additional material facts that bear on or relate 5 to the issues raised by the movant, which shall follow the format described above for 6 the moving party's Separate Statement. 7 movant's facts, shall continue in sequentially numbered paragraphs (i.e. if movant’s 8 last statement of fact was set forth in paragraph 30, then the first new fact will be set 9 forth in paragraph 31), and shall set forth in the right-hand column the evidence that 10 These additional facts shall follow the supports that statement. 11 The moving party, in its reply, shall respond to the additional facts in the same 12 manner and format that the opposing party is required to adhere to in responding to 13 the Statement of Uncontroverted Facts, as described above. 14 The following conduct in connection with a motion for summary judgment 15 shall be grounds for sanctions under Federal Rule of Civil Procedure 11: (1) 16 disputing a material fact without any reasonable basis for doing so; (2) 17 identifying additional facts in opposition to the motion without any reasonable 18 basis for believing that the additional facts will materially affect the outcome of 19 the motion. 20 (ii) Supporting Evidence 21 No party should submit any evidence other than the specific items of evidence 22 or testimony necessary to support or controvert a proposed statement of undisputed 23 fact. Thus, for example, the entire transcripts of depositions and/or entire sets of 24 interrogatory responses should generally not be submitted in support of or in 25 opposition to a motion for summary judgment. 26 Evidence submitted in support of or in opposition to a motion for summary 27 judgment should be submitted either by way of stipulation or as exhibits to a 28 declaration sufficient to authenticate the proffered evidence, and should not be 7 1 attached to the memorandum of points and authorities. The Court will accept 2 counsel’s authentication of deposition transcripts, written discovery responses, and the 3 receipt of documents in discovery if the fact that the document was in the opponent's 4 possession is of independent significance. Documentary evidence as to which there is 5 no stipulation regarding foundation must be accompanied by the testimony, either by 6 declaration or properly authenticated deposition transcript, of a witness who can 7 establish its authenticity. 8 All evidence in support of or in opposition to a motion for summary judgment, 9 including declarations and exhibits to declarations, shall be separated by a tab divider 10 on the bottom of the page. If evidence in support of or in opposition to a motion for 11 summary judgment exceeds twenty pages, the evidence must be in a separately bound 12 volume and include a Table of Contents. If the supporting evidence exceeds fifty 13 pages, the documents shall be placed in a Slant D-Ring binder with each item of 14 evidence separated by a tab divider on the right side. All documents contained in the 15 binder should be three-hole-punched. 16 (iii) Objections to Evidence 17 If a party disputes a fact based in whole or in part on an evidentiary objection, 18 the ground for the objection, as indicated above, should be stated in the Separate 19 Statement, but not argued in that document. 20 addressed in a separate memorandum to be filed with the opposition or reply brief of 21 the party. This memorandum should be organized to track the paragraph numbers 22 of the Separate Statement in sequence. It should identify the specific item of 23 evidence to which objection is made, the ground for the objection, and a very brief 24 argument with citation to authority as to why the objection is well taken. 25 following is an example of the format contemplated by the Court: 26 Separate Statement Paragraph 1: Evidentiary objections should be The Objection to the supporting deposition 27 transcript of Jane Smith at 60:1-10 on the grounds that the statement constitutes 28 inadmissible hearsay and no exception is applicable. To the extent it is offered to 8 1 prove her state of mind, it is irrelevant since her state of mind is not in issue. Fed. R. 2 Evid. 801, 802. 3 DO NOT SUBMIT BLANKET OR BOILERPLATE OBJECTIONS TO 4 THE OPPONENT’S STATEMENTS OF UNDISPUTED FACT. THESE WILL 5 BE DISREGARDED AND OVERRULED. 6 (iv) Memorandum of Points and Authorities 7 The movant’s memorandum of points and authorities should be in the usual 8 form required under Local Rule 7 and should contain a narrative statement of facts as 9 to those aspects of the case that are before the Court. All facts should be supported 10 with citations to the paragraph number in the Separate Statement that supports the 11 factual assertion. 12 Unless the case involves some unusual twist, the motion need only contain a 13 brief statement of the Federal Rule of Civil Procedure 56 standard; the Court is 14 familiar with the Rule and with its interpretation under Celotex and its progeny. If at 15 all possible, the argument should be organized to focus on the pertinent elements of 16 the claim(s) for relief or defense(s) in issue, with the purpose of showing the existence 17 or non-existence of a genuine issue of material fact for trial on that element of the 18 claim or defense. 19 Likewise, the opposition memorandum of points and authorities should be in 20 the usual form required by Local Rule 7. Where the opposition memorandum sets 21 forth facts, the memorandum should cite to paragraphs in the Separate Statement if 22 they are not in dispute, to the evidence that contravenes the fact where the fact is in 23 dispute, or, if the fact is contravened by an additional fact in the Statement of Genuine 24 Issues of Material Fact, the citation should be to such fact by paragraph number. 25 g. Avoid Composite Motions: Unless clearly justified under the 26 circumstances of the case, “motions to dismiss or in the alternative for summary 27 adjudication” are discouraged. These composite motions tend to blur the distinctions 28 between the two motions. 9 h. 1 Motions in Limine: Before filing any motion in limine, counsel 2 for the parties shall confer pursuant to Local Rule 7-3 in a good faith effort to 3 eliminate the necessity for hearing the motion in limine or to eliminate as many of the 4 disputes as possible. It shall be the responsibility of counsel for the moving party to 5 arrange for this conference. The motion papers must include a declaration showing a 6 good faith meet and confer effort. The conference shall take place in person within 7 10 calendar days of service upon opposing counsel of a letter requesting such a 8 conference, but in no event later than twenty-one days before the Pre-Trial 9 Conference. The conference may take place by telephone only if both counsel are not 10 located in the same county in the Central District. 11 If counsel are unable to resolve their differences, they shall prepare a separate, 12 sequentially-numbered Motion in Limine for each issue in dispute which contains a 13 clear caption that identifies the moving party and the nature of the dispute (i.e., 14 “Plaintiff's Motion in Limine #1 to exclude the testimony of Defendant's expert”). 15 Neither party may file more than five (5) Motions in Limine absent leave of 16 Court upon a showing of good cause, and leave of Court will be granted 17 sparingly. 18 testimony, exhibits, or other specific matters alleged to be inadmissible and/or 19 prejudicial and a statement of the specific prejudice that will be suffered by the 20 moving party if the motion is not granted. The identification of the matters in dispute 21 shall be followed by the moving party's contentions and memorandum of points and 22 authorities. 23 Conference date, hearing date for the motions in limine, and the trial date. Each Motion in Limine shall contain a clear identification of the The title page of the Motion in Limine must state the Pre-Trial 24 Motions in Limine made for the purpose of precluding the mention or display of 25 inadmissible and/or prejudicial matter in the presence of the jury shall be accompanied 26 by a declaration that includes the following: (1) a clear identification of the specific 27 matter alleged to be inadmissible and/or prejudicial; (2) a representation to the Court 28 that the subject of the motion in limine has been discussed with opposing counsel, and 10 1 that opposing counsel has either indicated that such matter will be mentioned or 2 displayed in the presence of the jury before it is admitted in evidence or that counsel 3 has refused to stipulate that such matter will not be mentioned or displayed in the 4 presence of the jury unless and until it is admitted in evidence; and (3) a statement of 5 the specific prejudice that will be suffered by the moving party if the motion in limine 6 is not granted. A motion to bifurcate trial may be filed as a motion in limine. 7 All evidence in support of or in opposition to a motion in limine, including 8 declarations and exhibits to declarations, shall be separated by a tab divider on the 9 bottom of the page. If evidence in support of or in opposition to a motion in limine 10 exceeds twenty pages, the evidence must be in a separately bound volume and include 11 a Table of Contents. Though strongly discouraged, if by necessity the supporting 12 evidence exceeds fifty pages, the documents shall be placed in a Slant D-Ring binder 13 with each item of evidence separated by a tab divider on the right side. 14 documents contained in the binder should be three-hole-punched. All 15 Unless otherwise ordered by the Court, motions in limine will be heard on the 16 date specified on the last page of this Order. The moving party shall file with the 17 Court and serve its Motion in Limine on the responding party on or before the date for 18 filing of motions in limine indicated in the Schedule of Trial and Pre-trial Dates. The 19 responding party shall then file with the Court and serve an opposition to the Motion 20 in Limine on the moving party at least seven (7) days prior to the date for the hearing 21 on motions in limine. Neither party’s submissions with respect to a Motion in 22 Limine shall exceed eight (8) pages. Unless ordered otherwise, the Court will 23 only consider the moving papers and any opposition thereto; no replies are 24 necessary or invited. 25 i. Motions for Class Certification: All motions for class 26 certification must be filed according to Local Rule 23-3. The Court will rarely grant 27 stipulations or applications to extend that deadline. 28 complete class discovery before the deadline does not constitute good cause to extend 11 Specifically, the failure to 1 the deadline, unless the parties show specific and concrete reasons why, despite their 2 diligence, the failure to complete discovery was unavoidable. 3 consider extensions based on the ordering of issues (e.g., if the defendant seeks to file 4 a dispositive motion before class certification) on a case-by-case basis. 5 stipulations or applications for relief must include a specific date by which the 6 plaintiff will move for class certification (the Court will not grant an open-ended 7 extension). j. 8 The Court will Any Oral Argument: The Court, in its discretion, may dispense with 9 oral argument on a motion. Fed. R. Civ. P. 78(b); C.D. Cal. L.R. 7-15. However, the 10 Court also encourages law firms to contribute to the professional development of new 11 attorneys by allowing them to present oral argument to the Court on motions. To that 12 end, if any party to a motion files a notice with the Court stating that an attorney with 13 less than four years’ experience will present oral argument, the Court will hold a 14 hearing on that motion. This notice must be filed no later than fourteen days before 15 the hearing. 16 considering their oral arguments. The Court will take into account the attorney’s inexperience when 17 7. 18 Please read this portion carefully, as there are some differences between the 19 20 Final Pre-Trial Conferences and Local Rule 16 Filings Court’s requirements and the Local Rules. a. General Provisions 21 The Final Pre-Trial Conference (“PTC”) will be held on the date specified on 22 the last page of this Order, unless the Court expressly waived the PTC at the 23 Scheduling Conference. (In the rare cases where the Court waives a PTC, the parties 24 must follow Local Rule 16-10.) 25 accommodate congestion become necessary, the Court may re-schedule the PTC 26 instead of the trial date. Therefore, the parties should assume that if the PTC goes 27 forward, the trial will go forward without continuance, although some brief period of 28 trailing may prove necessary. If adjustments in the Court’s calendar to 12 1 The lead trial attorney on behalf of each party shall attend both the PTC and all 2 meetings of the parties in preparation for the PTC, unless excused for good cause 3 shown in advance of the PTC. 4 A continuance of the PTC at the parties' request or by stipulation is highly 5 unlikely. Specifically, failure to complete discovery is not a ground for 6 continuance. In the unlikely event that the Court agrees to continue the PTC, the trial 7 date is likely to be delayed as a result. If a change to the trial date is necessitated or 8 likely because of the Court's calendar or otherwise, modifications of that date will be 9 discussed at the PTC. 10 At the PTC, the parties should be prepared to discuss means of streamlining the 11 trial, including, but not limited to the following: bifurcation; presentation of 12 foundational and non-critical testimony and direct testimony by deposition excerpts; 13 narrative summaries and/or stipulations as to the content of testimony; presentation of 14 testimony on direct examination by affidavit or by declaration subject to cross- 15 examination; and qualification of experts by admitted resumes. The Court will also 16 discuss settlement. 17 b. Courtesy Copies 18 As with other documents filed with the Court, the parties must submit courtesy 19 copies of all PTC documents. However, the courtesy copies must be delivered to 20 chambers as follows: 21 (i) One copy of all PTC documents (i.e., both plaintiff's documents 22 and defendant's documents) shall be delivered to the Court in one 23 3-ring binder; 24 (ii) Each document shall be separated by numerical side-tabs, and shall 25 be placed in the following order: (1) Proposed Pretrial Conference 26 Order; (2) Plaintiff’s Memorandum and Contentions of Facts and 27 Law; (3) Defendant’s Memorandum and Contentions of Facts and 28 Law; (4) Joint Witness List; (5) Joint Exhibit List and Stipulation; 13 1 (6) Plaintiff’s Proposed Verdict Form; (8) Defendant’s Proposed 2 Verdict Form; (10) Joint Proposed Jury Instructions; (9) Plaintiff's 3 Disputed Jury Instructions; (10) Defendant’s Disputed Jury 4 Instructions; (11) Joint Statement of the Case; (12) Proposed Voir 5 Dire Questions; (13) Joint Report re: Settlement; and (14) Other 6 pretrial documents; and 7 (iii) The binder shall include a table of contents. 8 c. Final Pre-Trial Conference Order (“PTCO”) 9 The proposed PTCO shall be lodged seven calendar days before the PTC, 10 unless the Court specifically orders otherwise. Adherence to this time requirement is 11 necessary for in-chambers preparation of the matter. The form of the proposed PTCO 12 shall comply with Appendix A to the Local Rules and the following: 13 (i) Place in “ALL CAPS AND BOLD” the separately numbered 14 headings for each category in the PTCO (e.g., “1. THE 15 PARTIES” or “7. CLAIMS AND DEFENSES OF THE 16 PARTIES”). 17 (ii) Include a table of contents at the beginning. 18 (iii) In specifying the surviving pleadings under section 1, state which 19 claims or counter claims have been dismissed or abandoned, e.g., 20 “Plaintiff’s second cause of action for breach of fiduciary duty has 21 been dismissed.” 22 claims or counterclaims will be prosecuted against all remaining 23 parties on the opposing side, please specify to which party each 24 claim or counterclaim is directed. 25 (iv) Also, in multiple party cases where not all In specifying the parties’ claims and defenses under section 7, each 26 party shall closely follow the examples set forth in Appendix A of 27 the Local Rules. 28 (v) In drafting the PTCO, the court expects that the parties will 14 1 attempt to agree on and set forth as many non-contested facts 2 as possible. The court will usually read the uncontested facts to 3 the jury at the start of trial. 4 comprehensively stated stipulation of facts will reduce the length 5 of trial and increase jury understanding of the case. 6 unacceptable for the parties to indicate in the Proposed 7 Pretrial Conference Order that they are not able to stipulate to 8 any facts whatever. 9 (vi) A carefully drafted and It is In drafting the factual issues in dispute for the PTCO, the parties 10 should attempt to state issues in ultimate fact form, not in the form 11 of evidentiary fact issues. The issues of fact should track the 12 elements of a claim or defense on which the jury will be required 13 to make findings. 14 (vii) Issues of law should state legal issues on which the court will be 15 required to rule during the trial, and should not list ultimate fact 16 issues to be submitted to the trier of fact. 17 (viii) The Court may submit fact issues to the jury in the form of 18 findings on a special verdict. The issues of fact should track the 19 elements of a claim or defense on which the jury will be required 20 to make findings. 21 (ix) If expert witnesses are to be called at trial, each party must list and 22 identify its respective expert witnesses, both retained and non- 23 retained. Failure of a party to list and identify an expert witness in 24 the PTCO could result in a court order which precludes the party 25 from calling that expert witness at trial. 26 (x) The parties shall submit only ONE proposed PTCO. It is 27 unacceptable to submit multiple or competing proposed 28 PTCOs. See Local Rule 16-7. 15 d. 1 2 3 Rule 16 Filings; Memoranda; Witness Lists; Exhibit Lists Unless otherwise indicated, the parties must comply fully with the requirements of Local Rule 16. See the last page of this Order for applicable dates. 4 Memoranda and Contentions of Fact and Law 5 Memoranda of Contentions of Fact and Law shall be filed by the date listed in 6 this Scheduling Order, and shall comply with the requirements set forth in Local Rule 7 16-4. The parties are strongly encouraged to submit one joint Memorandum where 8 possible. 9 Joint Witness List 10 Counsel shall prepare a joint list of their witnesses, including a brief summary 11 (two to three paragraphs) of each witness’s expected testimony, what makes the 12 testimony unique from any other witness testimony, an estimate of the length of time 13 needed for direct examination of each side’s own witnesses and an estimate for the 14 cross examination of opposing witnesses, and whether the witness will testify by 15 deposition or in person. The joint witness list shall be filed at the same time counsel 16 lodge the PTCO. If a party intends to offer deposition testimony into evidence at trial, 17 the party shall designate the relevant portions of the deposition testimony to be read at 18 trial and advise opposing counsel of same. Opposing counsel shall then designate any 19 additional portions of such deposition testimony which counsel intends to offer in 20 evidence. All objections to any such testimony shall be made in writing and filed at 21 the same time counsel lodge the PTCO so that the Court may consider whether ruling 22 on the objections will facilitate trial or result in the disposition of evidentiary matters 23 that may assist continuing settlement negotiations. 24 If expert witnesses are to be called at trial, each party shall list and identify their 25 respective expert witnesses. Failure of a party to list and identify an expert witness 26 may preclude a party from calling that expert witness at trial. If expert witnesses are 27 to be called at trial, the parties shall exchange at the PTC short narrative statements of 28 the qualifications of the expert and the testimony expected to be elicited at trial. 16 1 Previously prepared and exchanged expert reports shall not substitute for the narrative 2 statements required. 3 On the first day of trial, the parties must lodge with the Court three (3) 4 copies of the witness list, which shall include the names of the witness in the 5 approximate order in which they may be called to testify. 6 Joint Exhibit List and Exhibit Stipulation 7 The parties shall prepare a joint Pre-Trial Exhibit Stipulation that shall contain 8 each party's numbered list of all trial exhibits, with objections, if any, to each exhibit 9 including the basis of the objection and the offering party's response. All exhibits to 10 which there is no objection shall be deemed admitted. The parties shall stipulate to 11 the authenticity of exhibits whenever possible, and the Pre-Trial Exhibit Stipulation 12 shall identify any exhibits for which authenticity has not been stipulated to and the 13 specific reasons for the party's failure to stipulate. 14 The Stipulation shall be substantially in the following form: 15 Pre-Trial Exhibit Stipulation 16 17 Plaintiff(s)’/Defendant(s)’ Exhibits 18 Number Description If Objection, State Grounds Response to Objection 19 20 The Pre-Trial Exhibit Stipulation shall be filed at the same time counsel lodge 21 the proposed PTCO. Failure to comply with this paragraph could be deemed to 22 constitute a waiver of all objections. Do not submit blanket or boilerplate objections 23 to the opposing party’s exhibits. These will be disregarded and overruled. NOTE: 24 Counsel are instructed not to bring excessive exhibits to trial, but only those exhibits 25 that are reasonably expected to actually be used. 26 All counsel are to meet not later than ten (10) days before trial and to stipulate 27 so far as is possible as to authenticity, foundation, waiver of the best evidence rule, 28 and to those exhibits which may be received into evidence at the start of trial. The 17 1 2 3 exhibits to be so received will be noted on the copies of the exhibit lists. In addition, the parties should submit three copies of the final exhibit list to the Court Clerk on the first day of trial. 4 Jury Instructions/Special Verdict Forms 5 The parties shall make every attempt to agree upon the jury instructions before 6 submitting them to the Court. It is expected that counsel will agree on the 7 substantial majority of jury instructions. 8 cautionary and introductory instructions regarding duties of the jury, the order of the 9 trial, etc. found in Chapters 1, 2 & 3 of the 9th Circuit Manual of Model Jury 10 Instructions. The court requires little or no assistance in the preparation of these 11 instructions. Counsel's attention should be focused on reaching agreement on the 12 instructions covering the substantive legal issues. 13 diligently and cooperatively counsel will be able to reach agreement on the vast 14 majority of the substantive instructions. Judicial involvement will be limited to 15 resolving disputes on only a few instructions on which the parties are unable to 16 agree. This is in addition to the standard It is anticipated that working 17 On the date listed in this Scheduling Order, counsel shall file with the Court a 18 JOINT set of jury instructions on which there is agreement. Defendant’s counsel has 19 the burden of preparing the joint set of jury instructions. At the same time, each party 20 shall file its proposed jury instructions which are objected to by any other party, 21 accompanied by points and authorities in support of those instructions. 22 When the parties disagree on an instruction, the party opposing the instruction 23 must attach a short statement (one to two paragraphs) supporting the objection, and 24 the party submitting the instruction must attach a short reply supporting the 25 instruction. Each statement should be on a separate page and should follow directly 26 after the disputed instruction. 27 The parties ultimately must submit one document, or if the parties disagree over 28 any proposed jury instructions, three documents. The three documents shall consist 18 1 of: (1) a set of Joint Proposed Jury Instructions; (2) Plaintiff’s Disputed Jury 2 Instructions; and (3) Defendant’s Disputed Jury Instructions. 3 Instructions shall include the reasons supporting and opposing each disputed 4 instruction in the format set forth in the previous paragraph. Any disputed Jury 5 The parties are encouraged to consider whether the Court should give 6 preliminary instructions to the jury on the substantive issues they will be called 7 upon to decide. Should the parties elect to give preliminary instructions, those 8 substantive instructions should be produced to the Court on the first day of trial. 9 The Court directs counsel to use the instructions from the Manual of Model 10 Jury Instructions for the Ninth Circuit where applicable. Where California law is to 11 be applied and the above instructions are not applicable, the Court prefers counsel to 12 use the California Jury Instructions in CACI. If none of these sources is applicable, 13 counsel are directed to use the instructions in Devitt, Blackmar and Wolff, Federal 14 Jury Practice and Instructions. Modifications of instructions from the foregoing 15 sources (or any other form instructions) must specifically state the modification made 16 to the original form instruction and the authority supporting the modification. The 17 Court will consider special jury instructions not derived from these sources only 18 in exceptional circumstances. 19 Each requested instruction shall be in the format specified by Local Rule 51-2 20 and shall be set forth in full; be on a separate page with the caption "COURT’S 21 INSTRUCTION NUMBER ___”; be numbered; cover only one subject or principle of 22 law; not repeat principles of law contained in any other requested instructions; and 23 cite the authority for a source of the requested instruction. 24 foregoing, each party shall file with the Courtroom Deputy Clerk (CRD) on the first 25 day of trial a “clean set” of the aforesaid requested duplicate jury instructions. The 26 “clean set” shall not cite the authority for a source of the requested instruction. 27 28 In addition to the An index page shall accompany all jury instructions submitted to the Court. The index page shall indicate the following: 19 1  the number of the instruction; 2  a brief title of the instruction; 3  the source of the instruction and any relevant case citation; and 4  the page number of the instruction. 5 6 EXAMPLE: 7 NO. TITLE SOURCE PAGE NO. 8 5 Evidence for Limited Purpose 9th Cir. 1.5 9 9 10 During the trial and again before argument, the Court will meet with counsel 11 and settle the instructions. Strict adherence to time requirements is necessary for the 12 Court to examine the submissions in advance so that there will be no delay in starting 13 the jury trial, or the final instructions to the jury and the closing arguments of counsel. 14 Failure of counsel to strictly follow the provisions of this section may subject the 15 non-complying 16 CONSTITUTE A WAIVER OF JURY TRIAL in all civil cases. 17 Joint Statement of the Case and Requests for Voir Dire 18 At the PTC, the parties shall file their proposed voir dire questions and their 19 joint Statement of the Case which the Court will read to all prospective jurors prior to 20 the commencement of voir dire. The statement should not be longer than two or three 21 paragraphs, and contain no argument nor an excessive amount of information. The 22 Statement of the Case is merely to advise the prospective jurors of the general nature 23 of the case, i.e. securities law violations, bank robbery, copyright infringement, etc. party and/or its attorney to sanctions and SHALL 24 The Court conducts voir dire of all prospective jurors. The parties need not 25 submit requests for standard voir dire questions such as education, current 26 occupations, marital status, prior jury service, etc., but should include only proposed 27 questions specifically tailored to the parties and issues of the case. 28 Trial Exhibits 20 1 2 3 Counsel must deliver two sets of exhibits to the Court Clerk (one for witnesses and one for the Judge) on the morning of the first day of trial as follows: (i) Judge’s Copy: Counsel are to prepare the Judge’s copy of the 4 exhibits by placing them in 3-ring binders. The holes are to be 5 3/8" in diameter. The notebooks are to be tabbed down the right 6 side with numeric tabs separating each exhibit. 7 (ii) Witnesses’ Copy: Counsel are to prepare the Witnesses’ copy of 8 the exhibits by placing each exhibit in its own separate manilla 9 folder. Each manilla folder should have a tab on the right side with 10 the exhibit number written on it. The manilla folders should be put 11 in a box in numerical order, with the tabs facing upward. The 12 exhibits used in this folder should be the original exhibits, and 13 should be tagged with Court-approved tags. 14 exhibit tags can be obtained from the window on the 4th Floor of 15 the U.S Courthouse, Los Angeles, CA 90012. Court-approved 16 The exhibits are to be numbered sequentially, with Plaintiff’s exhibits 17 numbered 1, 2, 3, etc. and Defendant’s exhibits numbered 1000, 1001, 1002, etc. 18 Exhibit numbering must further comply with Local Rule 26-3. 19 Deposition Transcripts 20 The complete original transcript of any depositions to be used at trial shall be 21 lodged with the Court on the first day of trial. 22 First Day of Trial 23 The Court requires that the following be submitted to the Courtroom Deputy 24 Clerk on the first day of trial (which is in addition to any other documents 25 referenced above): 26 (i) Judge’s copy of exhibits (as described above). 27 (ii) Witnesses’ copy of exhibits (as described above). 28 (iii) Any preliminary instructions the parties have agreed may be read 21 to the jury before the presentation of evidence. 1 2 (iv) Three (3) copies of the exhibit list. 3 (v) Three (3) copies of the witness list, which shall include the names 4 of the witness in the approximate order in which they may be 5 called to testify. 6 All counsel are to meet not later than ten (10) days before trial and to stipulate 7 so far as possible as to foundation, waiver of the best evidence rule, and to those 8 exhibits which may be received into evidence at the start of trial. The exhibits so 9 received will be noted on the copies of the exhibit lists. 10 11 Any items that have not been admitted into evidence and are left in the courtroom overnight without prior approval will be discarded. 12 Real-Time Reporting Requirement 13 Each party must file with the Court, at the same time counsel lodges the PTCO, 14 a document for the Court Reporter that contains proper names, unusual or scientific 15 terms, or any other foreign or uncommon words that are likely to be used by the 16 parties during the PTC and the Trial. 17 8. 18 This Court will not conduct settlement conferences in non-jury cases unless 19 counsel for all parties and their respective clients agree either in writing or on the 20 record. In jury cases, the Court will conduct a settlement conference at the parties’ 21 joint request if three conditions exist: 22 Settlement (a) by a jury; 23 24 (b) All significant pre-trial rulings which the Court must make have been made; and 25 26 The parties are satisfied that the fact issues in the case will be tried (c) The parties desire the Court to conduct the conference, 27 understanding that if settlement fails, the Court will preside over 28 trial of the case. 22 1 The parties must file a Status Report regarding settlement at the time they lodge 2 the proposed PTCO. This Report shall not disclose the parties' settlement positions, 3 i.e. the terms of any offers or demands. It shall merely describe the efforts made by 4 the parties to resolve the dispute informally, i.e. the occasions and dates when the 5 parties participated in mediation or settlement conferences. The Status Report shall 6 also include the name and phone number of the Settlement Officer who assisted the 7 parties with their settlement conference. 8 Caveat: If counsel fail to file the required Pre-Trial documents or fail to 9 appear at the Pre-Trial Conference and such failure is not otherwise 10 satisfactorily explained to the Court: (a) the cause shall stand dismissed for 11 failure to prosecute if such failure occurs on the part of the plaintiff; (b) default 12 judgment shall be entered if such failure occurs on the part of the defendant; or 13 (c) the Court may take such action as it deems appropriate. 14 15 IT IS SO ORDERED. 16 17 18 19 20 September 6, 2017 ____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 23 U.S. District Judge Otis D. Wright, II Schedule of Trial and Pretrial Dates CASE NO.: CV PARTIES: 17-4559 Bertha V. Leon et al. -vWal-Mart Stores, Inc. et al. COMPLAINT FILED: Estimated Length of Trial: TRIAL TYPE: 11/30/16 7 days Jury SETTLEMENT CHOICE: Magistrate Judge Attorney Settlement Panel Outside ADR Judicial Settlement Panel DATE MATTER 06/26/18 Trial at 9:00 a.m. 06/21/18 Deadline to File: Final Trial Exhibit Stipulation 06/18/18 Hearing on Motions in Limine at 1:30 p.m. 06/11/18 Deadline to File: Oppositions to Motions in Limine 06/04/18 Final Pretrial Conference at 1:30 p.m. Deadline to File: Motions in Limine 05/28/18 Deadline to File: Proposed Pretrial Conference Order Memoranda and Contentions of Fact and Law Joint Witness List Joint Exhibit List and Exhibit Stipulation Proposed Verdict Form(s) Proposed Jury Instructions / Disputed Jury Instructions Proposed Voir Dire Questions Joint Statement of the Case Joint Status Report re: Settlement 05/07/18 Deadline for Hearing Motions* 04/30/18 Deadline to Conduct Settlement Conference 03/26/18 Expert Discovery Cutoff 03/12/18 Percipient/Fact Discovery Cutoff 12/11/17 Deadline to Hear Motion to Amend Pleadings or Add Parties (must comply with FRCP 15(a)(2)) * This does not apply to motions for class certification, which must be filed in accordance with Local Rule 23-3 unless expressly waived by Court order.

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