Warner v. Cate et al
ORDER: (1) Directing Clerk of Court to Resend Local Rule 281; (2) Directing Plaintiff to File Pretrial Statement Within Seven (7) Days of This Order; (3) Directing Defendants to File Pretrial Statement on or Before January 20, 2017, signed by Magistrate Judge Michael J. Seng on 1/5/2017. (Attachments: # 1 Local Rule 281)(Hellings, J)
RULE 281 (Fed. R. Civ. P. 16)
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:
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.
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.
Word Processed Copy. Electronic filers shall also concurrently
submit an electronic copy of their statement in Word format following the procedures for
proposed orders. See L.R. 137(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:
Jurisdiction - Venue. The factual and statutory basis of federal
jurisdiction and venue and whether there is any dispute concerning jurisdiction or venue.
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.
Undisputed Facts. A plain, concise statement of the facts that are
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.
Disputed Evidentiary Issues. A plain, concise summary of any
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.
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:
In eminent domain actions:
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.
be practicable or desirable.
Whether consolidation of trial with other actions would
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.
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.
In patent actions:
The name, number, filing, and issue date of the patent
The names of all persons claiming a present interest in
or patents involved.
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.
A statement of the facts relied upon to support any
charge of infringement.
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.
An explanation of any interparty tests that have been
conducted and a request for such interparty tests as should be ordered before setting for
In actions involving contracts:
The parties' respective versions of the terms of the
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.
Any misrepresentation of fact, mistake, or other matter
Any breach of contract.
Any waiver or estoppel.
The relief sought (rescission, restitution, damages for
breach, specific performance, etc.).
The measure of restitution or damages and an itemized
statement of the elements thereof.
In tort actions for personal injury, wrongful death or
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.
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 weekly
earnings before the incident; earnings loss to date and estimated diminution of future
earnings power; property damage; general damages; punitive damages.
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
Relief Sought. The elements of monetary damage, if any, and the
specific nature of any other relief sought.
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.
Abandoned Issues. A statement of all issues raised by the
pleadings that have been abandoned, including, for example, claims for relief and
(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
(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.
Stipulations. Any stipulations requested or offered for pretrial or
(15) Amendments - Dismissals. Any requested amendments to
pleadings, dismissals, additions or substitutions of parties, or dispositions as to defaulting
A statement whether settlement
negotiations between parties and/or a court settlement conference under L.R. 270 would
(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) Trial Protective Order. Whether a trial protective order will be
sought pursuant to L.R. 141.1(b)(2).
(23) 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).
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.
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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