Daniel et al v. Ford Motor Company

Filing 167

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 08/22/17 ORDERING the following modifications to the Pretrial Order: exchange of final trial exhibit lists by 09/05/17 with oppositions due 09/08/17; Plaintiff's exhibits will be identified by the letter P placed before the number, and Defendants exhibits identified by the letter D placed before number; the deposition and interrogatory designation filing/serving requirements are waived; the parties will submit their evidentiary objections to deposition counter-designations on 09/05/17. (Benson, A.)

DYKEMA GOSSETT LLP

333 SOUTH GRAND AVENUE, SUITE 2100
LOS ANGELES, CA 90071

1 DYKEMA GOSSETT LLP
JOHN M. THOMAS, SBN: 266842
2 [e-mail]
TAMARA A. BUSH, SBN: 197153
3 [e-mail]
FRED J. FRESARD (Pro Hac Vice)
4 [e-mail]
KRISTA L. LENART (Pro Hac Vice)
5 [e-mail]
JANET CONIGLIARO (Pro Hac Vice)
6 [e-mail]
BRITTANY J. MOUZOURAKIS (Pro Hac Vice)
7 [e-mail]
333 South Grand Avenue, Suite 2100
8 Los Angeles, California 90071
Telephone:
[phone]
[phone]
9 Facsimile:
10 ORRICK
NORMAN HILE, SBN: 57299
11 [e-mail]
400 Capitol Mall, Suite 3000
12 Sacramento, California 95814-4497
13 Attorneys For Defendant
FORD MOTOR CO.
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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MARGIE DANIEL, ROBERT McCABE,
18 MARY HAUSER, DONNA GLASS, and
ANDREA DUARTE, individually and on behalf
19 of a class of similarly situated individuals,
Plaintiffs,

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Case No. 2:11-cv-02890-WBS –EFB
Honorable William B. Shubb
STIPULATED SUGGESTED
MODIFICATIONS TO PRETRIAL
ORDER

vs.

22 FORD MOTOR COMPANY, a Delaware
corporation,
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Defendant.
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STIPULATED REQUEST TO MODIFY DATES OTHER THAN DATE OF TRIAL

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STIPULATED SUGGESTED MODIFICATIONS TO PRETRIAL ORDER
Defendant and Plaintiff have conferred telephonically to discuss suggested modifications

3 pursuant to Section XV of the Court’s Final Pretrial Order dated August 15, 2017 [DE #163].
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Exhibits C and D to the Pretrial Order identify the exhibits Plaintiff and Defendant intend to offer at

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trial, respectively. Both parties agree that the exhibits listed in Exhibits C and D will likely change
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as the parties continue to confer in an attempt to reduce the number of exhibits and refine and

8 amend their trial exhibit lists. As such, both parties have agreed to exchange their final trial exhibit
9 lists no later than September 5, 2017, the date of exhibit exchange. Objections to exhibits will

DYKEMA GOSSETT LLP

333 SOUTH GRAND AVENUE, SUITE 2100
LOS ANGELES, CA 90071

10 remain due on September 8, 2017.
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Also, because both parties recognize that each party will be offering numerous exhibits at
trial, the parties agree that for the ease of the Court, the parties, and the jury, it would be more
practical to have Plaintiffs’ exhibits identified by the letter “P” placed before the number, and

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Defendant’s exhibits identified by the letter “D” placed before the number, as opposed to

16 Defendant’s exhibits being labeled solely by letter as instructed in Section VIII.(H).
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Finally, Section X of the Final Pretrial Order requires that on August 23, 2017 (20 days

18 before trial), both parties must file and serve deposition designations and interrogatory answer
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designations. Section X also requires that on September 5, 2017 (10 days before trial), deposition
counter-designations and objections to the other party’s designations are due. The parties have

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already filed and exchanged deposition designations and counter-designations in their Pretrial
Conference Statements, and are conferring in an effort to resolve objections and pare down the

24 amount of video deposition testimony that will be presented at trial. Neither party intends to
25 designate interrogatory answers. Accordingly, the parties request that the August 23rd and
26 September 5th deposition and interrogatory designation filing/serving requirements be waived. The
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parties will submit their evidentiary objections to deposition counter-designations on September 5,

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STIPULATED REQUEST TO MODIFY DATES OTHER THAN DATE OF TRIAL

1 2017 (5 days before the trial date).
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Both parties respectfully ask the Court to incorporate these suggested modifications into the
Pretrial Order.

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Dated: August 22, 2016

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Respectfully submitted,

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DYKEMA GOSSETT LLP

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By: /s/John M. Thomas
JOHN M. THOMAS (Bar No. 266842)
TAMARA A. BUSH (Bar No. 197153)
KRISTA L. LENART (pro hac vice)
333 South Grand Avenue, Suite 2100
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

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DYKEMA GOSSETT LLP

333 SOUTH GRAND AVENUE, SUITE 2100
LOS ANGELES, CA 90071

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FRED J. FRESARD (pro hac vice)
39577 Woodward Avenue, Suite 300
Bloomfield Hills, Michigan 48304
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
FORD MOTOR COMPANY

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/s/John B. Thomas
(as authorized on August 22, 2017)
John B. Thomas
Hicks Thomas LLP

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J. Allen Carney
Hank Bates
Carney Bates & Pulliam, PLLC

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Attorneys for Plaintiff MARGIE DANIEL

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25 SO ORDERED.
26 Dated: August 22, 2017
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STIPULATED REQUEST TO MODIFY DATES OTHER THAN DATE OF TRIAL