Brandy Brewer v. Leprino Foods Company, Inc.

Filing 39

ORDER SETTING Final Pretrial Conference signed by Senior Judge Stephen M. McNamee on 9/21/2018. Telephonic Final Pretrial Conference set for 2/6/2019 at 02:00 PM before Senior Judge Stephen M. McNamee.(Sant Agata, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Brandy Brewer,
Plaintiff,

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v.

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No. CV-1:16-1091-SMM
ORDER SETTING FINAL
PRETRIAL CONFERENCE

Leprino Foods Company, Inc.,

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Defendant.

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The deadline for the parties to file dispositive motions has passed. This matter has

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been set for a ten (10) day jury trial beginning on Monday, April 1, 2019. A Final Pretrial

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Conference is scheduled as follows.

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IT IS HEREBY ORDERED setting a telephonic Final Pretrial Conference on

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Wednesday, February 6, 2019 at 2:00 p.m. in Courtroom 401, on the fourth floor of the

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Sandra Day O’Connor U.S. Federal Courthouse, 401 W. Washington St., Phoenix,

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Arizona, 85003 before Senior Judge Stephen M. McNamee. The parties are directed to

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conference on one single, clear telephone line prior to calling Judge McNamee’s chambers

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at 602-322-7555 five (5) minutes before the start of the proceeding. The attorneys who will

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be responsible for the trial of the case shall attend the telephonic Final Pretrial Conference.

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Counsel shall bring their calendars so that trial scheduling can be discussed.

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IT IS FURTHER ORDERED that, if this case shall be tried to a jury, the attorneys

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who will be responsible for the trial of the lawsuit shall prepare and sign a joint Proposed

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Pretrial Order and file it by Friday, January 25, 2019.

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IT IS FURTHER ORDERED that the content of the Proposed Pretrial Order shall

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include, but not be limited to, that prescribed in the Form of Pretrial Order attached hereto.

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Statements made shall not be in the form of a question, but should be a concise narrative

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statement of each party’s contention as to each uncontested and contested issue. The parties

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shall also email the joint Proposed Pretrial Order to the Chambers mailbox at

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[e-mail] in either Word perfect or Word format.

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IT IS FURTHER ORDERED pursuant to Federal Rule of Civil Procedure 37(c)

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that the Court will not allow the parties to offer any exhibits, witnesses, or other

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information that were not previously disclosed in accordance with the provisions of this

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Order and/or the Federal Rules of Civil Procedure and/or not listed in the Proposed Pretrial

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Order, except for good cause. The parties shall inform the Courtroom Deputy Clerk of all

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exhibits that are stipulated into evidence and those that are not.

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IT IS FURTHER ORDERED directing the parties to exchange drafts of the

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Proposed Pretrial Order no later than seven (7) days before the submission deadline. In

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addition, the parties shall exchange marked copies of all exhibits to be used at trial. While

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meeting to exchange exhibits, the parties shall eliminate any duplicate exhibits. The

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numbering of the exhibits as listed in the joint Proposed Pretrial Order shall correspond to

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the numbering of the exhibits at trial.

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IT IS FURTHER ORDERED that the parties shall file and serve all motions in

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limine no later than Friday, January 4, 2019. Responses to motions in limine are due by

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Friday, January 18, 2019. The motions and responses must be concise and shall not

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exceed three (3) pages in length. No replies will be permitted. Each motion in limine shall

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include the legal basis supporting it and the proposed language for the order in limine being

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sought from the Court. Counsel shall be prepared to address the merits of all motions in

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limine at the telephonic Final Pretrial Conference.

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IT IS FURTHER ORDERED directing the parties to complete the following tasks

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by the time of the filing of the Proposed Pretrial Order if they intend to try the case before

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a jury:

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(1) The parties shall jointly file a short description of the case to be read to the jury.

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(2) The parties shall jointly file a proposed set of voir dire questions. The voir dire

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questions shall be drafted in a neutral manner. To the extent possible, the parties

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shall stipulate to the proposed voir dire questions. If the parties have any

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disagreement about a particular question, the party or parties objecting shall state

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the reason for their objection below the question.

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(3) The parties shall file a proposed set of stipulated jury instructions. The

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instructions shall be accompanied by citations to legal authority. If a party

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believes that a proposed instruction is a correct statement of the law, but the facts

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will not warrant the giving of the instructions, the party shall so state. The party

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who believes that the facts will not warrant the particular instruction shall

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provide an alternative instruction with appropriate citations to legal authority.

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(4) Each party shall submit a proposed form of verdict to be given to the jury at the

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end of trial.

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IT IS FURTHER ORDERED directing the parties to submit their proposed joint

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statement of the case, joint voir dire questions and stipulated jury instructions in .pdf

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format, and their proposed form of verdict in Word perfect or Word format to the Chambers

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mailbox, at [e-mail].

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IT IS FURTHER ORDERED that the parties shall keep the Court apprised of the

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possibility of settlement and should settlement be reached, the parties shall file a Notice of

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Settlement.

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IT IS FURTHER ORDERED that this Court views compliance with the

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provisions of this Order as critical to its case management responsibilities and the

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responsibilities of the parties under Rule 1 of the Federal Rules of Civil Procedure.

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Dated this 21st day of September, 2018.

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Honorable Stephen M. McNamee
Senior United States District Judge

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Brandy Brewer,
Plaintiff,

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v.

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No. CV-1:16-1091-SMM
PROPOSED PRETRIAL FORM OF
ORDER

Leprino Foods Company, Inc.,

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Defendant.

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Pursuant to the Scheduling Order, the following is the joint Proposed Pretrial Order

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to be considered at the telephonic Final Pretrial Conference set for Wednesday, February

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6, 2019 at 2:00 p.m. before Judge McNamee.

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A. TRIAL COUNSEL FOR THE PARTIES.

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(Include mailing address, office phone, fax number, and email address).

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Plaintiff(s):

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Defendant(s):

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B. CONTENTIONS OF THE PARTIES.

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With respect to each count of the complaint, counterclaim or cross-claim,

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and to any defense, affirmative defense, or the rebuttal of a presumption

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where the burden of proof has shifted, the party having the burden of proof

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shall list the elements or standards that must be proved in order for the party

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to prevail on that claim or defense. Citation to relevant legal authority is

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required.

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(e.g., To prevail on this products liability case, the plaintiff must prove the

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following elements . . . .)

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(e.g., To defeat this products liability claim based on the statute of repose,

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the defendant must prove the following elements . . . .)

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C. STIPULATIONS AND UNDISPUTED FACTS AND LAW.

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1. The following facts are admitted by the parties and require no proof:

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2. The following facts, although not admitted, will not be contested at trial

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by evidence to the contrary:

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3. The following issues of law are uncontested and stipulated to by the

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parties:
D. CONTESTED ISSUES OF FACT.

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The following are the issues of fact to be tried and decided: (Each issue of

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fact must be stated separately and in specific terms. Each parties’ contention

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as to each issue must be set forth with respect to each and every issue of fact).

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E.g., Issue # 1: Whether Plaintiff used due care.

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Plaintiff Contends: Plaintiff looked both ways before stepping into the

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street…

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Defendant Contends: Plaintiff was chasing a ball and darted out into the

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street without looking…

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E. ISSUES OF LAW IN CONTROVERSY.

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List briefly any points of law (substantive, evidentiary, or procedural)

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concerning the measure and kind of relief requested that is or may be

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reasonably expected to be in controversy.

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F. LIST OF WITNESSES.

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Provide a separate list for each party of all witnesses whom the party will call

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or may call in person or through deposition, except witnesses who may be

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called only for impeachment or rebuttal.

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testimony of each witness must also be included. Additionally, the parties

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A brief statement as to the

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shall designate which witnesses (1) will be called at trial, (2) may be called

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at trial, and (3) are unlikely to be called at trial. If any additional witnesses

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come to the attention of counsel prior to the trial, a supplemental list and

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summary must be prepared and filed with the Court. This supplemental list

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must include the reason why the witness’ name was not set forth in the

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Proposed Pretrial Order. If a witness will appear by deposition only, the

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party calling the witness will give notice of the pages to be read on the date

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the Proposed Pretrial Order is filed with the Court.

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deposition pages in the Proposed Pretrial Order.)

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(Do not include

G. LIST OF EXHIBITS.

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1. The following exhibits are admissible in evidence and may be marked in

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evidence by the Clerk:

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a. Plaintiff’s Exhibits:

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b. Defendant’s Exhibits:

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2. As to the following exhibits, the parties have reached the following

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stipulations:

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a. Plaintiff’s Exhibits:

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b. Defendant’s Exhibits:

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3. As to the following exhibits, the party against whom the exhibit is to be

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offered objects to the admission of the exhibit and offers the objection stated

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beneath:

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a. Plaintiff’s Exhibits:

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(E.g., City Hospital records of Plaintiff from March 6, 1985 through March

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22, 1985. Defendant objects for lack of foundation because…. (the objection

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must specify why there is a lack of foundation)).

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b. Defendant’s Exhibits:

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(E.g., Payroll records of Plaintiff’s employer which evidences payment of

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Plaintiff’s salary during hospitalization and recovery. Plaintiff objects on the

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ground of relevance and materiality because (the objection must specify why

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there is a relevancy or materiality problem)).

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H. JURY TRIAL.

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STIPULATED JURY INSTRUCTIONS, PROPOSED VOIR DIRE

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QUESTIONS, AND PROPOSED FORMS OF VERDICT shall be filed

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in accordance with the instructions contained in the Order Setting Final

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Pretrial Conference.

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I. CERTIFICATIONS.

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The undersigned counsel for each of the parties in this action do hereby

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certify and acknowledge the following:

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1. All discovery has been completed.

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2. The identity of each witness has been disclosed to opposing counsel.

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3. Each exhibit listed herein (a) is in existence; (b) is numbered; and (c) has

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been disclosed and shown to opposing counsel.

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4. The parties have complied in all respects with the mandates of the Court’s

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Rule 16 Order and Order Setting Final Pretrial Conference.

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5. Unless otherwise previously ordered to the contrary, the parties have made

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all of the disclosures required by the Federal Rules of Civil Procedure.

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APPROVED AS TO FORM AND CONTENT:

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__________________________________ _________________________________

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Attorney for Plaintiff

Attorney for Defendant

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Based on the foregoing,

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IT IS ORDERED that this Proposed Pretrial Order jointly submitted by the parties

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is hereby APPROVED and is thereby ADOPTED as the official Pretrial Order of this

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Court.

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DATED this ______ day of __________, ____.
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Stephen M. McNamee
Senior United States District Judge

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