Fresno Rock Taco, LLC v. National Surety Corporation

Filing 229

ORDER re DEADLINES FOR TRIAL. Any motion to amend the September 11, 2012, pretrial order shall be filed no later than June 19, 2013, and any opposition thereto shall be filed no later than June 28, 2013; Any stipulated requests for changes to the jury instructions or the verdict form shall be filed with the Court no later than July 10, 2013; and All trial submissions including exhibits, discovery documents, and/or deposition transcripts must be submitted to the Clerk's Office no later than July 16, 2013. Order signed by Magistrate Judge Sheila K. Oberto on 6/4/2013. (Timken, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO ROCK TACO, LLC, et al.,
Plaintiffs,

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CASE NO. 1:11-cv-00845-SKO
ORDER RE DEADLINES FOR TRIAL

v.

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NATIONAL SURETY CORPORATION,
Defendant.
_________________________________/

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On May 23, 2013, the trial in this matter was reset following a mistrial. Trial is now set

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for July 23, 2013, at 8:30 a.m. in Courtroom 7. The Court intends to give the same jury

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instructions and use the same verdict form and voir dire questions. Should the parties desire

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changes to any matters to be presented to the jury with respect to the jury instructions or the

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verdict form, the parties shall submit any stipulated change requests no later than July 10,

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2013. The parties are ordered to meet and confer regarding any requests for changes to the jury

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instructions and the verdict form. The Court will not be generally inclined to entertain change

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requests to which the parties have not agreed.

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Additionally, the September 11, 2012, pretrial order remains in effect. All deadlines

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therein, except the deadline for submission of trial documents which is reset below, have

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expired. Should either party wish to amend the pretrial order in any respect, a motion to amend

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the pretrial order shall be filed no later than June 19, 2013. Any opposition or response to the

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motion to amend the pretrial order shall be filed no later than June 28, 2013.1

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Finally, all trial submissions, which may include exhibits, discovery documents, and

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deposition transcripts, shall be submitted to the Clerk's Office no later than July 16, 2013.

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Each party is to submit one (1) original and three (3) copies of its separate exhibit binder and the

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parties shall coordinate with each other to submit one (1) original and three (3) copies of any

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joint exhibit binder.2 Furthermore, the parties are to submit one (1) original3 of any deposition

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transcript(s) to be used for impeachment purposes. These trial submissions must be submitted

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to the Clerk's Office no later than 4 p.m. on July 16, 2013. The parties may not attempt to

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deliver their exhibits or other trial submissions directly to chambers. Strict compliance

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with this order is expected and required.

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Accordingly, IT IS HEREBY ORDERED that:

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Any motion to amend the September 11, 2012, pretrial order shall be filed no

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later than June 19, 2013, and any opposition thereto shall be filed no later than

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June 28, 2013;
2.

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shall be filed with the Court no later than July 10, 2013; and

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3.

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All trial submissions including exhibits, discovery documents, and/or deposition
transcripts must be submitted to the Clerk's Office no later than July 16, 2013.

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Any stipulated requests for changes to the jury instructions or the verdict form

IT IS SO ORDERED.

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Dated:

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June 4, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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To amend a pretrial order, the parties must either stipulate to the amendment or the party seeking amendment
must establish manifest injustice if the amendment is not authorized. Fed. R. Civ. P. 16(e) ("The court may modify
the order issued after a final pretrial conference only to prevent manifest injustice."); Galdamez v. Potter, 415 F.3d
1015, 1020 (9th Cir. 2005).
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To the extent original documents are not available, copies may be provided so long as one set of each exhibit
binder is designated as an "original."
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If an original deposition transcript is not available, a copy may be provided and it will be designated as an
"original."

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