Anderson v. Hansen et al

Filing 85

SECOND SCHEDULING ORDER signed by Magistrate Judge Michael J. Seng on 12/9/2013. (Pretrial Conference set for 8/1/2014 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. Jury Trial set for 9/23/2014 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Consent Filing Deadline: 1/13/2014). (Attachments: # 1 Local Rule 281, # 2 Consent Form)(Lundstrom, T)

RULE 281 (Fed. R. Civ. P. 16)
PRETRIAL STATEMENTS

(a)
Time for Filing. As required by the pretrial (scheduling) order in the
action, counsel shall file either separate pretrial statements or a joint pretrial statement
as follows:
(1)
Separate Statements. Not less than fourteen (14) days before the
date set by the Court for the holding of the final pretrial conference, counsel for the
plaintiff shall serve and file a pretrial statement in the form prescribed herein. Not less
than seven (7) days before the date set for the holding of the pretrial conference,
counsel for all other parties shall serve on all parties and file pretrial statements that
may adopt by reference any or all of the matters set forth in the plaintiff's pretrial
statement.
(2)
Joint Statements. Not less than seven (7) days before the date
set by the Court for the holding of the final pretrial conference, or such other time as the
Court may order, counsel for all parties shall file a joint pretrial statement in the form
prescribed herein or in such other form as the Court may prescribe.
(3)
Word Processed Copy. Electronic filers shall also concurrently
submit an electronic copy of their statement in Word or Word Perfect format following
the procedures for proposed orders. See L.R. 137(b).
(b)
Form, Contents. The pretrial statement shall state the name of the party
or parties on whose behalf it is presented and set forth the nature of the action and the
following matters, under the following captions and in the following order:
(1)
Jurisdiction - Venue. The factual and statutory basis of federal
jurisdiction and venue and whether there is any dispute concerning jurisdiction or
venue.
(2)
Jury - Non-Jury. Whether the party has demanded a jury trial of
all or any of the issues or, if not, whether a demand for jury trial made by any other party
is conceded or contested.
(3)

Undisputed Facts. A plain, concise statement of the facts that are

undisputed.
(4)
Disputed Factual Issues. A plain, concise statement of each fact
(and any related essential facts) that the party claims or concedes to be in dispute.
(5)

Disputed Evidentiary Issues. A plain, concise summary of any
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reasonably anticipated disputes concerning admissibility of live and deposition
testimony, physical and demonstrative evidence and the use of special technology at
trial, including computer animation, video discs, and other high technology, and a
statement whether each such dispute should be resolved by motion in limine, briefed in
the trial brief, or addressed in some other manner.
(6)
Special Factual Information in Certain Actions. In addition to
the facts and issues described in (3) through (5), the following special information with
respect to the following types of actions shall be specified within either the disputed or
undisputed facts sections as appropriate:
(i)

In eminent domain actions:

(A)
As to each parcel involved, its designation, general
description, location, and size; the interest taken; the names of persons claiming an
interest therein and the interests claimed; whether an order of possession has been
issued; each objection or defense to the taking, if any; and the claimed market value of
the interest taken at the time of the taking.
(B)

Whether consolidation of trial with other actions would

be practicable or desirable.
(C)
Suggested procedures for a mutual exchange of lists
of comparable sales to be relied upon by the valuation experts, such lists to include for
each transaction, to the extent known, the names of the parties, the date of transaction,
amount of consideration, location of property, and recording date.
(D)
Whether evidence of value other than comparable
sales is to be relied upon and, if so, the method of valuation and the authority for its use.
(ii)

In patent actions:
(A)

The name, number, filing, and issue date of the patent

(B)

The names of all persons claiming a present interest

or patents involved.

in each patent.
(C)
An abstract of each patent sufficient to permit
determination of the nature and essence of the technical disclosure of the application.
An abstract in keeping with that called for in Patent Office Rule 1.72(b) shall be deemed
sufficient. See 37 C.F.R. § 1.72.
(D)

A statement of the facts relied upon to support any

charge of infringement.
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(E)
Where invalidity of a patent has been asserted as a
defense, any and all prior art (patents, publications, and public uses) pleaded in the
answer or noticed pursuant to 35 U.S.C. § 282, in relation to the defense invoked,
whether the defense be 35 U.S.C. § 102 or 35 U.S.C. § 103.
(F)
An explanation of any interparty tests that have been
conducted and a request for such interparty tests as should be ordered before setting
for trial.
(iii)

In actions involving contracts:
(A)

The parties' respective versions of the terms of the

contract.
(B)
Whether the contract and any modifications or
collateral agreements were written or oral or both, specifying any document, letter, or
other writing relied upon by date and parties, and indicating any oral agreement relied
upon by date, place, and parties.
(C)

Any misrepresentation of fact, mistake, or other

(D)

Any breach of contract.

(E)

Any waiver or estoppel.

matter affecting validity.

(F)
The relief sought (rescission, restitution, damages for
breach, specific performance, etc.).
(G)
The measure of restitution or damages and an
itemized statement of the elements thereof.
(iv)

In tort actions for personal injury, wrongful death or

property damage:
(A)
The date, place, and general nature of the incident;
the particular acts, omissions, or conditions constituting the basis for liability; the
particular acts, omissions or conditions constituting the basis of any defense; any
statute, ordinance, or regulation violated by either party; the applicability of the doctrine
of strict liability or res ipsa loquitur.
(B)
Each plaintiff's age; injuries sustained; any prior injury
or condition worsened; periods of hospitalization; medical expenses and estimated
future medical expenses; the period of total and/or partial disability; annual, monthly, or
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weekly earnings before the incident; earnings loss to date and estimated diminution of
future earnings power; property damage; general damages; punitive damages.
(C)
In wrongful death actions: the names and ages of
dependents; the annual, monthly, or weekly contribution of decedent to dependents
before death; the physical condition, education, and training of decedent at the time of
death.
(7)
Relief Sought. The elements of monetary damage, if any, and the
specific nature of any other relief sought.
(8)
Points of Law. A statement of the legal theory or theories of
recovery or of defense and of any points of law (substantive or procedural) that are or
may reasonably be expected to be in controversy, citing the pertinent statutes,
ordinances, regulations, cases, and other authorities relied upon. Extended legal
argument is not required in the pretrial statement.
(9)
Abandoned Issues. A statement of all issues raised by the
pleadings that have been abandoned, including, for example, claims for relief and
affirmative defenses.
(10) Witnesses. A list (names and addresses) of all prospective
witnesses, whether offered in person or by deposition or interrogatory, designating
those who are expert witnesses. Only witnesses so listed will be permitted to testify at
the trial, except as may be otherwise provided in the pretrial order.
(11) Exhibits - Schedules and Summaries. A list of documents or
other exhibits that the party expects to offer at trial. Only exhibits so listed will be
permitted to be offered at trial except as may be otherwise provided in the pretrial order.
(12) Discovery Documents. A list of all portions of depositions,
answers to interrogatories, and responses to requests for admission that the party
expects to offer at trial.
(13) Further Discovery or Motions. Any requests for further discovery
or pretrial motions. Where discovery and/or law and motion has been terminated by a
Court order, counsel shall set forth the grounds for relief from that order and why a
motion to be relieved was not made before the date ordered in the status conference for
termination. Motions for relief at pretrial are not favored and will ordinarily be denied
unless the moving party makes a strong showing.
(14)
trial purposes.
(15)

Stipulations. Any stipulations requested or offered for pretrial or

Amendments - Dismissals.
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Any requested amendments to

pleadings, dismissals, additions or substitutions of parties, or dispositions as to
defaulting parties.
(16) Settlement Negotiations.
A statement whether settlement
negotiations between parties and/or a court settlement conference under L.R. 270
would be helpful.
(17) Agreed Statements. A statement whether presentation of all or
part of the action upon an Agreed Statement of Facts is feasible and advisable.
(18) Separate Trial of Issues. A statement whether separate trial of
any of the issues is feasible and advisable.
(19) Impartial Experts - Limitation of Experts. A statement whether
appointment by the Court of impartial expert witnesses or limitation of the number of
expert witnesses is advisable.
(20) Attorneys' Fees. A statement whether attorneys' fees are sought
and the time and manner in which they are to be ascertained. See L.R. 293.
(21) Trial Exhibits. Any special handling of trial exhibits and a
statement of advisability of court retention of exhibits pending appeal decision. See
L.R. 138(e).
(22) Miscellaneous. Any other appropriate comments, suggestions, or
information that might aid in the disposition of the action, including references to any
matters set forth in Fed. R. Civ. P. 16(c).
(c)
Claims of Privilege. If any privilege against disclosure is claimed with
respect to any statement required by this Rule and the validity of the claim has not yet
been determined, a party may omit such statement and include instead a statement of
such claim of privilege and the grounds therefor.
(d)
Fed. R. Civ. P. 26(a)(3) Disclosures. The foregoing disclosures satisfy
the requirements of Fed. R. Civ. P. 26(a)(3).

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