Strayfield Limited v. RF Biocidics, Inc., et al

Filing 45

STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Judge Lawrence K. Karlton on 3/7/12. All law and motion except as to discovery, shall be completed by 4/1/2013. Discovery shall be completed by 2/1/2013. The Final Pretrial Conference is SET for 7/1/2013 at 02:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Jury Trial is SET for 10/1/2013 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kastilahn, A)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
FOR THE EASTERN DISTRICT OF CALIFORNIA
9
10 STRAYFIELD LIMITED,
NO. CIV. S-11-2631 LKK/GGH
11
12

Plaintiff,
v.

13 RF BIOCIDICS, INC., and
ALLIED MINDS, INC.,
14
Defendants.
15

STATUS (PRETRIAL SCHEDULING) CONFERENCE

16
17

/

READ THIS ORDER CAREFULLY.

IT CONTAINS IMPORTANT DATES WHICH

18 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND
19 PARTIES MUST COMPLY.

A FAILURE TO COMPLY WITH THE TERMS OF THIS

20 ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER
21 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN
22 ORDER OF JUDGMENT.
23

Pursuant

to

court

order,

a

Status

(Pretrial

24 Conference was held in chambers on March 5, 2012.
25 Crawford

appeared

as

counsel

for

plaintiff;

Scheduling)
Margaret A.

Christopher

J.

26 Sundermeier appeared telephonically as counsel for defendants.
1

1 After hearing, the court makes the following findings and orders:
2

SERVICE OF PROCESS

3

All parties defendant have been served and no further service

4 is permitted except with leave of court, good cause having been
5 shown.
6

JOINDER OF PARTIES/AMENDMENTS

7

No further joinder of parties or amendments to pleadings is

8 permitted except with leave of court, good cause having been shown.
9 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir.
10 1992).
11

JURISDICTION/VENUE

12

Jurisdiction is predicated upon 28 U.S.C. § 1332 is undisputed

13 and is hereby found to be proper, as is venue.
14

MOTION HEARING SCHEDULES

15

All law and motion except as to discovery is left open, save

16 and except that it shall be conducted so as to be completed by
17 April 1, 2013. The word "completed" in this context means that all
18 law and motion matters must be heard by the above date.

Because

19 this date is not necessarily a date previously set aside for law
20 and motion hearings, it is incumbent upon counsel to contact this
21 court's courtroom deputy, Ana Rivas at [phone], sufficiently
22 in advance so as to ascertain the dates upon which law and motion
23 will be heard and to properly notice its motion for hearing before
24 that date.

Counsel are cautioned to refer to Local Rule 230

25 regarding the requirements for noticing such motions on the court's
26 regularly

scheduled

law

and

motion
2

calendar.

Opposition

or

1 statement of non-opposition to all motions shall be filed not later
2 than 4:30 p.m. fourteen (14) days preceding the hearing date, or by
3 proof

of

service

by

mail

4 preceding the hearing date.

not

less

than

seventeen

(17)

days

This paragraph does not preclude

5 motions for continuances, temporary restraining orders or other
6 emergency applications, and is subject to any special scheduling
7 set forth in the "MISCELLANEOUS PROVISIONS" paragraph below.
8

At the time of filing a motion, opposition, or reply, counsel

9 are directed to email a copy in word processing format to

lkk-

10 [e-mail].
11

The parties should keep in mind that the purpose of law and

12 motion is to narrow and refine the legal issues raised by the case,
13 and

to

dispose

of

by

pretrial

motion

those

14 susceptible to resolution without trial.

issues

that

are

To accomplish that

15 purpose, the parties need to identify and fully research the issues
16 presented by the case, and then examine those issues in light of
17 the evidence gleaned through discovery.

If it appears to counsel

18 after examining the legal issues and facts that an issue can be
19 resolved by pretrial motion, counsel are to file the appropriate
20 motion by the law and motion cutoff set forth supra.
21

Unless prior permission has been granted, memoranda of law in

22 support of and in opposition to motions are limited to thirty (30)
23 pages, and reply memoranda are limited to fifteen (15) pages.

The

24 parties are also cautioned against filing multiple briefs to
25 circumvent this rule.
26

Where the parties bring motions for summary judgment, the
3

1 court will deem facts which are apparently undisputed as undisputed
2 under Fed. R. Civ. P. 56(d), unless specifically reserved and that
3 party tenders evidence to support the reservation.
4

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL

5 MOTION AND A FAILURE TO MAKE SUCH A MOTION WILL ORDINARILY BE
6 VIEWED AS A WAIVER AT THE TIME OF PRETRIAL.

COUNSEL ARE CAUTIONED

7 THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE BEEN TENDERED TO THE COURT
8 BY PRETRIAL MOTION MUST BE RESOLVED BY THE COURT AFTER LAW AND
9 MOTION CUTOFF, FOR INSTANCE WHERE THE ISSUE IS JURISDICTION,
10 SUBSTANTIAL SANCTIONS WILL BE LEVIED AGAINST COUNSEL WHO FAIL TO
11 TIMELY FILE AN APPROPRIATE MOTION.
12

Counsel are further reminded that motions in limine are

13 procedural

devices

designed

to

address

the

admissibility

of

14 evidence.

COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH

15 DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE GUISE OF MOTIONS
16 IN LIMINE

AT THE TIME OF TRIAL.

17

DISCOVERY

18

No modifications of the discovery requirements found in the

19 Federal Rules is ordered.
20

All discovery is left open, save and except that it shall be

21 so conducted as to be completed by February 1, 2013.

The word

22 "completed" means that all discovery shall have been conducted so
23 that all depositions have been taken and any disputes relative to
24 discovery

shall

have

been

resolved

by

appropriate

order

if

25 necessary and, where discovery has been ordered, the order has been
26 complied with.

Motions to compel discovery must be noticed on the
4

1 magistrate judge's calendar in accordance with the local rules of
2 this court and so that such motions will be heard not later than
3 January 1, 2013.

In this regard, all counsel are to designate in

4 writing and file with the court and serve upon all other parties a
5 final list of the names of all experts that they propose to tender
6 at trial not later than forty-five (45) days before the close of
7 discovery herein established.

At the time of designation, all

8 experts shall submit a written report.

The contents of the report

9 must comply with Federal Rule of Civil Procedure 26 (A)(2)(b). All
10 experts so designated are to be fully prepared to render an
11 informed opinion at the time of designation so that they may fully
12 participate in any deposition taken by the opposing party. Experts
13 will not be permitted to testify at the trial as to any information
14 gathered or evaluated, or opinion formed, after deposition taken
15 subsequent to designation.
16

An expert witness not appearing on said lists will not be

17 permitted

to

testify

unless

the

party

offering

the

witness

18 demonstrates: (a) that the necessity of the witness could not have
19 been reasonably anticipated at the time the lists were exchanged;
20 (b) the court and opposing counsel were promptly notified upon
21 discovery of the witness; and (c) that the witness was promptly
22 proffered for deposition.
23

MID-LITIGATION STATEMENTS

24

Not later than fourteen (14) days prior to the close of

25 discovery, all parties shall file with the court and serve on all
26 other parties a brief statement summarizing all law and motion
5

1 practice heard by the court as of the date of the filing of the
2 statement, whether the court has disposed of the motion at the time
3 the statement is filed and served, and the likelihood that any
4 further motions will be noticed prior to the close of law and
5 motion. The filing of this statement shall not relieve the parties
6 or counsel of their obligation to timely notice all appropriate
7 motions as set forth above.
8

FINAL PRETRIAL CONFERENCE

9

The Final Pretrial Conference is SET for July 1, 2013, at

10 2:00 p.m.

Counsel are cautioned that counsel appearing for

11 Pretrial will in fact try the matter.
12

Counsel for all parties are to be fully prepared for trial at

13 the time of the Pretrial Conference, with no matters remaining to
14 be accomplished except production of witnesses for oral testimony.
15 Counsel are referred to Local Rules 280 and 281 relating to the
16 contents of and time for filing Pretrial Statements.

In addition

17 to those subjects listed in Local Rule 281(b), the parties are to
18 provide the court with a plain, concise statement which identifies
19 every

non-discovery

20 resolution.

motion

tendered

to

the

court,

and

its

A FAILURE TO COMPLY WITH LOCAL RULES 280 AND 281 WILL

21 BE GROUNDS FOR SANCTIONS.
22

The parties shall file Separate Pretrial Statements, the

23 contents and timing of which are set forth in Local Rule 281,
24 except that the parties are to prepare a JOINT STATEMENT with
25 respect to the undisputed facts and disputed factual issues of the
26 case.

See Local Rule 281(b)(3), (4), and (6).
6

The parties are

1 reminded to include in their joint statement all disputed and
2 undisputed special factual information as required by Local Rule
3 281(b)(6).
4

The undisputed facts and disputed factual issues are to be set

5 forth in two separate sections.

In each section, the parties

6 should identify first the general facts relevant to all causes of
7 action.

After identifying the general facts, the parties should

8 then identify those facts which are relevant to each separate cause
9 of action.

In this regard, the parties are to number each

10 individual fact or factual issue.

Where the parties are unable to

11 agree as to what factual issues are properly before the court for
12 trial, they should nevertheless list in the section on "DISPUTED
13 FACTUAL ISSUES" all issues asserted by any of the parties and
14 explain by parenthetical the controversy concerning each issue.
15 Each individual disputed fact or factual issue shall include the
16 following introductory language:

"Whether or not . . . ."

The

17 parties should keep in mind that, in general, each fact should
18 relate or correspond to an element of the relevant cause of action.
19 Notwithstanding

the

provisions

of

Local

Rule

281,

the

Joint

20 Statement of Undisputed Facts and Disputed Factual Issues is to be
21 filed with the court concurrently with the filing of plaintiff's
22 Pretrial Statement. If the case is tried to a jury, the undisputed
23 facts will be read to the jury.
24

Pursuant to Local Rule 281(b)(10) and (11), the parties are

25 required

to

provide

in

their

Pretrial

Statements

a

list

of

26 witnesses and exhibits that they propose to proffer at trial, no
7

1 matter for what purpose. These lists shall not be contained in the
2 Pretrial Statement itself, but shall be attached as separate
3 documents to be used as addenda to the Final Pretrial Order.
4 Plaintiff's exhibits shall be listed

numerically; defendant's

5 exhibits shall be listed alphabetically.

In the event that the

6 alphabet is exhausted, defendant's exhibits shall be marked "2A-2Z,
7 3A-3Z, etc."

The Pretrial Order will contain a stringent standard

8 for the proffering of witnesses and exhibits at trial not listed in
9 the Pretrial Order.

Counsel are cautioned that the standard will

10 be strictly applied. On the other hand, the listing of exhibits or
11 witnesses which counsel do not intend to call or use will be viewed
12 as an abuse of the court's processes.
13

Pursuant to Local Rule 281(b)(12), a party is required to

14 provide a list of all answers to interrogatories and responses to
15 requests for admission that the party expects to offer at trial.
16 This list should include only those documents or portions thereof
17 which the party expects to offer in its case-in-chief.

Unless

18 otherwise barred by a rule of evidence or order of this court, the
19 parties remain free to tender appropriate discovery documents
20 during trial for such purposes as, but not limited to, impeachment
21 or memory refreshment.
22

Pursuant

to

Local

Rule

281(b)(8),

the

parties'

Pretrial

23 Statements shall contain a "statement of legal theory, etc."

Each

24 party shall commence this section by specifying as to each claim
25 whether federal or state law governs, and if state law, the state
26 whose law is applicable.
8

1

Counsel are also reminded that, pursuant to Fed. R. Civ. P.

2 16, it will be their duty at the Pretrial Conference to aid the
3 court in (a) formulation and simplification of issues and the
4 elimination of frivolous claims or defenses; (b) settling of facts
5 which should be properly admitted; and (c) the avoidance of
6 unnecessary proof and cumulative evidence.

Counsel must prepare

7 their Pretrial Statements, and participate in good faith at the
8 Pretrial Conference, with these aims in mind.

A FAILURE TO DO SO

9 MAY RESULT IN THE IMPOSITION of SANCTIONS which may include
10 monetary sanctions, orders precluding proof, eliminations of claims
11 or

defenses,

or

such

other

sanctions

as

the

court

deems

12 appropriate.
13

TRIAL SETTING

14

Trial is SET for October 1, 2013, at 10:30 a.m.

15 by jury.

Trial will be

The parties represent in good faith that the trial will

16 take approximately ten (10) days.
17

SETTLEMENT CONFERENCE

18

A Settlement Conference will be set before a judge other than

19 the trial judge at the time of the Pretrial Conference.
20

Counsel

are

cautioned

to

have

a

principal

capable

of

21 disposition present at the Settlement Conference or to be fully
22 authorized to settle the matter on any terms and at the Settlement
23 Conference.
24

MISCELLANEOUS PROVISIONS

25

The parties are reminded that pursuant to Fed. R. Civ. P.

26 16(b), the Status (pretrial scheduling) Order shall not be modified
9

1 except by leave of court upon a showing of good cause.

Counsel are

2 cautioned

dates

that

changes

to

any

of

the

scheduled

will

3 necessarily result in changes to all other dates. Thus, even where
4 good cause has been shown, the court will not grant a request to
5 change the discovery cutoff date without modifying the pretrial and
6 trial dates.
7

Agreement by the parties pursuant to stipulation does not

8 constitute good cause. Nor does the unavailability of witnesses or
9 counsel, except in extraordinary circumstances, constitute good
10 cause.
11

The parties are reminded of their continuing obligation to

12 supplement their statements relative to the identification of
13 parent corporations and any publicly held company that owns 10% or
14 more of the party's stock within a reasonable time of any change in
15 the information.
16

The parties are admonished that they are not to cite or refer

17 to any of the quotations inscribed in the pavers on the front plaza
18 of the United States Courthouse in any written or oral presentation
19 to the court or a jury.
20

There appear to be no other matters presently pending before

21 the court that will aid the just and expeditious disposition of
22 this matter.
23

IT IS SO ORDERED.

24

DATED:

March 7, 2012.

25
26
10