Bakersfield Pipe & Supply, Inc., v. Cornerstone Valve, LLC

Filing 40

ORDER GRANTING IN PART 39 Stipulation to Amend the Scheduling Order and PRELIMINARY PRETRIAL ORDER, signed by Magistrate Judge Jennifer L. Thurston on 1/21/2016. Expert discovery completed by 4/8/2016. Non-Dispositive Motion Deadlines: Filed by 4 /22/2016; Hearing by 5/20/2016. Dispositive Motion Deadlines: Filed by 5/13/2016; Hearing by 6/20/2016. Pretrial Conference CONTINUED to 7/1/2016 at 10:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Motions in Limine: Filed by 6/13/2016; Opposition by 6/27/2016; Hearing set for 7/5/2016 at 03:30 PM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BAKERSFIELD PIPE & SUPPLY,

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Plaintiff,
v.
CORNERSTONE VALVE, LLC, et al.,

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Defendants.

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Case No.: 1:14-cv-01445 JLT
ORDER GRANTING IN PART STIPULATION TO
AMEND THE SCHEDULING ORDER AND
PRELIMINARY PRETRIAL ORDER
(Doc. 39)

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On January 20, 2016, the parties filed a stipulation in which they seek to extend all remaining

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case deadlines due to the unavailability of Plaintiff’s counsel. (Doc. 39) However, due to the

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insufficient time proposed between the pretrial conference and the trial date, Counsel will be required

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to complete certain activities in advance of the pretrial conference, as detailed below.
ORDER

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1.

The stipulation to amend the case schedule is GRANTED as follows:
A.

2016;

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B.

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Any non-dispositive motion SHALL be filed no later than April 22, 2016 and
heard no later than May 20, 2016;

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All discovery related to experts SHALL be completed no later than April 8,

C.

Any dispositive motion SHALL be filed no later than May 13, 2016 and heard
no later than June 20, 2016;
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D.

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2.

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The pretrial conference is continued to July 1, 2016 at 10:00 a.m.;

The parties SHALL exchange exhibit lists and witness lists no later than June 3, 2016.

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No other exhibits will be permitted to be used and no other witnesses will be permitted to testify

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absent a showing that manifest injustice would otherwise result. Fed. R. Civ. P. 16(e); Local Rule

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281(b)(10);
3.

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related to identified exhibits and witnesses and to pre-mark and examining each other’s exhibits;
a.

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On or before June 17, 2016, counsel SHALL meet and confer to discuss any disputes

At the exhibit conference, counsel will determine whether there are objections

to the admission of each of the exhibits and will prepare separate indexes; one listing joint exhibits,

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one listing Plaintiff’s exhibits and one listing Defendant’s exhibits. In advance of the conference,

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counsel must have a complete set of their proposed exhibits in order to be able to fully discuss whether

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evidentiary objections exist. Thus, any exhibit not previously provided in discovery SHALL be

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provided at least five court days in advance of the exhibit conference;
b.

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At the conference, counsel shall identify any duplicate exhibits, i.e., any

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document which both sides desire to introduce into evidence. These exhibits SHALL be marked as a

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joint exhibit and numbered as directed above. Joint exhibits SHALL be admitted into without further

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foundation.

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All Joint exhibits will be pre-marked with numbers preceded by the designation “JT”

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(e.g. JT/1, JT/2, etc.). Plaintiff’s exhibits will be pre-marked with numbers beginning with 1 by the

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designation PX (e.g. PX1, PX2, etc.). Defendant’s exhibits will be pre-marked with numbers beginning

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with 501 preceded by the designation DX (e.g. DX501, DX502, etc.). The Parties SHALL number each

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page of any exhibit exceeding one page in length (e.g. PX1-1, PX1-2, PX1-3, etc.).
If originals of exhibits are unavailable, the parties may substitute legible copies. If any

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document is offered which is not fully legible, the Court may exclude it from evidence.
Each joint exhibit binder shall contain an index which is placed in the binder before the

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exhibits. The index shall consist of a column for the exhibit number, one for a description of the

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exhibit and one column entitled “Admitted in Evidence” (as shown in the example below).

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INDEX OF EXHIBITS

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EXHIBIT#
c.

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ADMITTED
IN EVIDENCE

DESCRIPTION

As to any exhibit which is not a joint exhibit but to which there is no objection

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to its introduction, the exhibit will likewise be appropriately marked, i.e., as PX1, or as DX501 and

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will be indexed as such on the index of the offering party. Such exhibits will be admitted upon

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introduction and motion of the party, without further foundation;
d.

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Each exhibit binder shall contain an index which is placed in the binder before

the exhibits. Each index shall consist of the exhibit number, the description of the exhibit and the
three columns as shown in the example below:
INDEX OF EXHIBITS

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EXHIBIT#

e.

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DESCRIPTION

ADMITTED
IN EVIDENCE

OBJECTION
FOUNDATION

OTHER
OBJECTION

On the index, as to exhibits to which the only objection is a lack of foundation,

counsel will place a mark under the column heading entitled “Admissible but for Foundation;”
f.

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On the index, as to exhibits to which there are objections to admissibility that

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are not based solely on a lack of foundation, counsel will place a mark under the column heading

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entitled “Other Objections;”
After the exhibit conference, Plaintiff and counsel for the defendants SHALL develop

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four complete, legible sets of exhibits. The parties SHALL deliver three sets of their exhibit binders to

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the Courtroom Clerk and provide one set to their opponent, no later than 4:00 p.m., on July 15, 2016.

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Counsel SHALL determine which of them will also provide three sets of the joint exhibits to the

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Courtroom Clerk;
g.

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The Parties SHALL number each page of any exhibit exceeding one page in

length;
4.

The parties may file motions in limine. The purpose of a motion in limine is to

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establish in advance of the trial that certain evidence should not be offered at trial. “Although the

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Federal Rules of Evidence do not explicitly authorize in limine rulings, the practice has developed
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pursuant to the district court’s inherent authority to manage the course of trials.” Luce v. United

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States, 469 U.S. 38, 40 n. 2 (1984); Jonasson v. Lutheran Child and Family Services, 115 F. 3d 436,

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440 (7th Cir. 1997). The Court will grant a motion in limine, and thereby bar use of the evidence in

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question, only if the moving party establishes that the evidence clearly is not admissible for any valid

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purpose. Id.
a.

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In advance of filing any motion in limine, counsel SHALL meet and confer to

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determine whether they can resolve any disputes and avoid filing motions in limine. Along with their

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motions in limine, the parties SHALL file a certification demonstrating counsel have in good faith met

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and conferred and attempted to resolve the dispute. Failure to provide the certification may result in

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the Court refusing to entertain the motion;
b.

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Any motions in limine must be filed with the Court by June 13, 2016. The

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motion must clearly identify the nature of the evidence that the moving party seeks to prohibit the

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other side from offering at trial. Any opposition to the motion must be served on the other party, and

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filed with the Court by June 27, 2016. The Court sets a hearing on the motions in limine on July 5,

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2016, at 3:30 p.m. Appearances via Courtcall are authorized. The parties are reminded they may still

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object to the introduction of evidence during trial;

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5.

The parties SHALL serve, via e-mail or fax, their proposed jury instructions in

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accordance with Local Rule 163 and their proposed verdict form no later than June 24, 2016. The

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parties shall conduct a conference to address their proposed jury instructions and verdict form no later

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than on or before July 8, 2016. At the conference, the parties SHALL attempt to reach agreement on

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jury instructions and verdict form for use at trial. The parties shall file all agreed-upon jury

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instructions and verdict form no later than on or before July 8, 2016, and identify such as the agreed-

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upon jury instructions and verdict forms. At the same time, the parties SHALL lodge via e-mail a

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copy of the joint jury instructions and joint verdict form (in Word format) to

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[e-mail].

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a.

If and only if, the parties after genuine, reasonable and good faith effort cannot

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agree upon certain specific jury instructions and verdict form, the parties shall file their respective

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proposed (disputed) jury instructions and proposed (disputed) verdict form no later than on or before
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July 8, 2016, and identify such as the disputed jury instructions and verdict forms. At the same time,

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the parties SHALL lodge via e-mail, a copy of his/their own (disputed) jury instructions and proposed

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(disputed) verdict form (in Word format) to [e-mail].
c.

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In selecting proposed instructions, the parties shall use Ninth Circuit Model

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Civil Jury Instructions or California’s CACI instructions to the extent possible. All jury instructions

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and verdict forms shall indicate the party submitting the instruction or verdict form (i.e., joint,

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plaintiff’s, defendant’s, etc.), the number of the proposed instruction in sequence, a brief title for the

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instruction describing the subject matter, the complete text of the instruction, and the legal authority

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supporting the instruction. Each instruction SHALL be numbered.

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Absolutely no further amendments to the case schedule will be considered absent a

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showing of extraordinary good cause. Failure to comply with this order may result in the Court

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imposing sanctions.

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IT IS SO ORDERED.
Dated:

January 21, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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