Meyer Manufacturing Company Limited v. Telebrands Corp.

Filing 39

STATUS (PRETRIAL SCHEDULING) CONFERENCE ORDER signed by Judge Lawrence K. Karlton on 5/31/12: Discovery due by 1/29/2013. Dispositive Motions filed by 3/29/2013. Final Pretrial Conference set for 7/1/2013 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Jury Trial set for 10/1/2013 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)

Download PDF
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MEYER MANUFACTURING COMPANY LIMITED, a 11 Hongkong Corporation, NO. CIV. S-11-3153 LKK/DAD 12 13 Plaintiff, v. 14 TELEBRANDS CORP., a New Jersey Corporation, 15 Defendant. 16 17 18 / STATUS (PRETRIAL SCHEDULING) CONFERENCE READ THIS ORDER CAREFULLY. IT CONTAINS IMPORTANT DATES WHICH 19 THE COURT WILL STRICTLY ENFORCE AND WITH WHICH ALL COUNSEL AND 20 PARTIES MUST COMPLY. A FAILURE TO COMPLY WITH THE TERMS OF THIS 21 ORDER MAY RESULT IN THE IMPOSITION OF MONETARY AND ALL OTHER 22 SANCTIONS WITHIN THE POWER OF THE COURT, INCLUDING DISMISSAL OR AN 23 ORDER OF JUDGMENT. 24 Pursuant to court order, a Status (Pretrial 25 Conference was held in chambers on May 29, 2012. 26 appeared telephonically as counsel 1 for Scheduling) Michael Grill plaintiff; Robert T. 1 Maldonado, Hindy Dym and Neil A. Smith appeared telephonically as 2 counsel for defendant. After hearing, the court makes the 3 following findings and orders: 4 SERVICE OF PROCESS 5 All parties defendant have been served and no further service 6 is permitted except with leave of court, good cause having been 7 shown. 8 JOINDER OF PARTIES/AMENDMENTS 9 No further joinder of parties or amendments to pleadings is 10 permitted except with leave of court, good cause having been shown. 11 See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 12 1992). 13 JURISDICTION/VENUE 14 Jurisdiction is predicated upon 28 U.S.C. ยงยง 1331, 1338(a) and 15 2201, is undisputed and is hereby found to be proper, as is venue. 16 MOTION HEARING SCHEDULES 17 All law and motion except as to discovery is left open, save 18 and except that it shall be conducted so as to be completed by 19 March 29, 2013. The word "completed" in this context means that 20 all law and motion matters must be heard by the above date. 21 Because this date is not necessarily a date previously set aside 22 for law and motion hearings, it is incumbent upon counsel to 23 contact this court's courtroom deputy, Ana Rivas at (916) 930-4133, 24 sufficiently in advance so as to ascertain the dates upon which law 25 and motion will be heard and to properly notice its motion for 26 hearing before that date. Counsel are cautioned to refer to Local 2 1 Rule 230 regarding the requirements for noticing such motions on 2 the court's regularly scheduled law and motion calendar. 3 Opposition or statement of non-opposition to all motions shall be 4 filed not later than 4:30 p.m. fourteen (14) days preceding the 5 hearing date, or by proof of service by mail not less than 6 seventeen (17) days preceding the hearing date. This paragraph 7 does not preclude motions for continuances, temporary restraining 8 orders or other emergency applications, and is subject to any 9 special scheduling set forth in the "MISCELLANEOUS PROVISIONS" 10 paragraph below. 11 At the time of filing a motion, opposition, or reply, counsel 12 are directed to email a copy in word processing format to lkk- 13 pleadings@caed.uscourts.gov. 14 The parties should keep in mind that the purpose of law and 15 motion is to narrow and refine the legal issues raised by the case, 16 and to dispose of by pretrial motion those 17 susceptible to resolution without trial. issues that are To accomplish that 18 purpose, the parties need to identify and fully research the issues 19 presented by the case, and then examine those issues in light of 20 the evidence gleaned through discovery. If it appears to counsel 21 after examining the legal issues and facts that an issue can be 22 resolved by pretrial motion, counsel are to file the appropriate 23 motion by the law and motion cutoff set forth supra. 24 Unless prior permission has been granted, memoranda of law in 25 support of and in opposition to motions are limited to thirty (30) 26 pages, and reply memoranda are limited to fifteen (15) pages. 3 The 1 parties are also cautioned against filing multiple briefs to 2 circumvent this rule. 3 Where the parties bring motions for summary judgment, the 4 court will deem facts which are apparently undisputed as undisputed 5 under Fed. R. Civ. P. 56(d), unless specifically reserved and that 6 party tenders evidence to support the reservation. 7 ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL 8 MOTION AND A FAILURE TO MAKE SUCH A MOTION WILL ORDINARILY BE 9 VIEWED AS A WAIVER AT THE TIME OF PRETRIAL. COUNSEL ARE CAUTIONED 10 THAT IF ANY LEGAL ISSUE THAT SHOULD HAVE BEEN TENDERED TO THE COURT 11 BY PRETRIAL MOTION MUST BE RESOLVED BY THE COURT AFTER LAW AND 12 MOTION CUTOFF, FOR INSTANCE WHERE THE ISSUE IS JURISDICTION, 13 SUBSTANTIAL SANCTIONS WILL BE LEVIED AGAINST COUNSEL WHO FAIL TO 14 TIMELY FILE AN APPROPRIATE MOTION. 15 Counsel are further reminded that motions in limine are 16 procedural devices designed to address the admissibility of 17 evidence. COUNSEL ARE CAUTIONED THAT THE COURT WILL LOOK WITH 18 DISFAVOR UPON SUBSTANTIVE MOTIONS PRESENTED IN THE GUISE OF MOTIONS 19 IN LIMINE AT THE TIME OF TRIAL. 20 DISCOVERY 21 No modifications of the discovery requirements found in the 22 Federal Rules is ordered. 23 All discovery is left open, save and except that it shall be 24 so conducted as to be completed by January 29, 2013. The word 25 "completed" means that all discovery shall have been conducted so 26 that all depositions have been taken and any disputes relative to 4 1 discovery shall have been resolved by appropriate order if 2 necessary and, where discovery has been ordered, the order has been 3 complied with. Motions to compel discovery must be noticed on the 4 magistrate judge's calendar in accordance with the local rules of 5 this court and so that such motions will be heard not later than 6 December 29, 2012. In this regard, all counsel are to designate in 7 writing and file with the court and serve upon all other parties a 8 final list of the names of all experts that they propose to tender 9 at trial not later than sixty (60) days before the close of 10 discovery herein established. At the time of designation, all 11 experts shall submit a written report. The contents of the report 12 must comply with Federal Rule of Civil Procedure 26 (A)(2)(b). All 13 experts so designated are to be fully prepared to render an 14 informed opinion at the time of designation so that they may fully 15 participate in any deposition taken by the opposing party. Experts 16 will not be permitted to testify at the trial as to any information 17 gathered or evaluated, or opinion formed, after deposition taken 18 subsequent to designation. 19 An expert witness not appearing on said lists will not be 20 permitted to testify unless the party offering the witness 21 demonstrates: (a) that the necessity of the witness could not have 22 been reasonably anticipated at the time the lists were exchanged; 23 (b) the court and opposing counsel were promptly notified upon 24 discovery of the witness; and (c) that the witness was promptly 25 proffered for deposition. 26 //// 5 1 MID-LITIGATION STATEMENTS 2 Not later than fourteen (14) days prior to the close of 3 discovery, all parties shall file with the court and serve on all 4 other parties a brief statement summarizing all law and motion 5 practice heard by the court as of the date of the filing of the 6 statement, whether the court has disposed of the motion at the time 7 the statement is filed and served, and the likelihood that any 8 further motions will be noticed prior to the close of law and 9 motion. The filing of this statement shall not relieve the parties 10 or counsel of their obligation to timely notice all appropriate 11 motions as set forth above. 12 FINAL PRETRIAL CONFERENCE 13 The Final Pretrial Conference is SET for July 1, 2013, at 14 1:30 p.m. Counsel are cautioned that counsel appearing for 15 Pretrial will in fact try the matter. 16 Counsel for all parties are to be fully prepared for trial at 17 the time of the Pretrial Conference, with no matters remaining to 18 be accomplished except production of witnesses for oral testimony. 19 Counsel are referred to Local Rules 280 and 281 relating to the 20 contents of and time for filing Pretrial Statements. In addition 21 to those subjects listed in Local Rule 281(b), the parties are to 22 provide the court with a plain, concise statement which identifies 23 every non-discovery 24 resolution. motion tendered to the court, and its A FAILURE TO COMPLY WITH LOCAL RULES 280 AND 281 WILL 25 BE GROUNDS FOR SANCTIONS. 26 The parties shall file Separate Pretrial Statements, the 6 1 contents and timing of which are set forth in Local Rule 281, 2 except that the parties are to prepare a JOINT STATEMENT with 3 respect to the undisputed facts and disputed factual issues of the 4 case. See Local Rule 281(b)(3), (4), and (6). The parties are 5 reminded to include in their joint statement all disputed and 6 undisputed special factual information as required by Local Rule 7 281(b)(6). 8 The undisputed facts and disputed factual issues are to be set 9 forth in two separate sections. In each section, the parties 10 should identify first the general facts relevant to all causes of 11 action. After identifying the general facts, the parties should 12 then identify those facts which are relevant to each separate cause 13 of action. In this regard, the parties are to number each 14 individual fact or factual issue. Where the parties are unable to 15 agree as to what factual issues are properly before the court for 16 trial, they should nevertheless list in the section on "DISPUTED 17 FACTUAL ISSUES" all issues asserted by any of the parties and 18 explain by parenthetical the controversy concerning each issue. 19 Each individual disputed fact or factual issue shall include the 20 following introductory language: "Whether or not . . . ." The 21 parties should keep in mind that, in general, each fact should 22 relate or correspond to an element of the relevant cause of action. 23 Notwithstanding the provisions of Local Rule 281, the Joint 24 Statement of Undisputed Facts and Disputed Factual Issues is to be 25 filed with the court concurrently with the filing of plaintiff's 26 Pretrial Statement. If the case is tried to a jury, the undisputed 7 1 facts will be read to the jury. 2 Pursuant to Local Rule 281(b)(10) and (11), the parties are 3 required to provide in their Pretrial Statements a list of 4 witnesses and exhibits that they propose to proffer at trial, no 5 matter for what purpose. These lists shall not be contained in the 6 Pretrial Statement itself, but shall be attached as separate 7 documents to be used as addenda to the Final Pretrial Order. 8 Plaintiff's exhibits shall be listed numerically; defendant's 9 exhibits shall be listed alphabetically. In the event that the 10 alphabet is exhausted, defendant's exhibits shall be marked "2A-2Z, 11 3A-3Z, etc." The Pretrial Order will contain a stringent standard 12 for the proffering of witnesses and exhibits at trial not listed in 13 the Pretrial Order. Counsel are cautioned that the standard will 14 be strictly applied. On the other hand, the listing of exhibits or 15 witnesses which counsel do not intend to call or use will be viewed 16 as an abuse of the court's processes. 17 Pursuant to Local Rule 281(b)(12), a party is required to 18 provide a list of all answers to interrogatories and responses to 19 requests for admission that the party expects to offer at trial. 20 This list should include only those documents or portions thereof 21 which the party expects to offer in its case-in-chief. Unless 22 otherwise barred by a rule of evidence or order of this court, the 23 parties remain free to tender appropriate discovery documents 24 during trial for such purposes as, but not limited to, impeachment 25 or memory refreshment. 26 Pursuant to Local Rule 281(b)(8), 8 the parties' Pretrial 1 Statements shall contain a "statement of legal theory, etc." Each 2 party shall commence this section by specifying as to each claim 3 whether federal or state law governs, and if state law, the state 4 whose law is applicable. 5 Counsel are also reminded that, pursuant to Fed. R. Civ. P. 6 16, it will be their duty at the Pretrial Conference to aid the 7 court in (a) formulation and simplification of issues and the 8 elimination of frivolous claims or defenses; (b) settling of facts 9 which should be properly admitted; and (c) the avoidance of 10 unnecessary proof and cumulative evidence. Counsel must prepare 11 their Pretrial Statements, and participate in good faith at the 12 Pretrial Conference, with these aims in mind. A FAILURE TO DO SO 13 MAY RESULT IN THE IMPOSITION of SANCTIONS which may include 14 monetary sanctions, orders precluding proof, eliminations of claims 15 or defenses, or such other sanctions as the court deems 16 appropriate. 17 TRIAL SETTING 18 Trial is SET for October 1, 2013, at 10:30 a.m. 19 by jury. Trial will be The parties represent in good faith that the trial will 20 take approximately five (5) days. 21 SETTLEMENT CONFERENCE 22 A Settlement Conference will be set before a judge other than 23 the trial judge at the time of the Pretrial Conference. 24 Counsel are cautioned to have a principal capable of 25 disposition present at the Settlement Conference or to be fully 26 authorized to settle the matter on any terms and at the Settlement 9 1 Conference. 2 MISCELLANEOUS PROVISIONS 3 The parties are reminded that pursuant to Fed. R. Civ. P. 4 16(b), the Status (pretrial scheduling) Order shall not be modified 5 except by leave of court upon a showing of good cause. Counsel are 6 cautioned dates that changes to any of the scheduled will 7 necessarily result in changes to all other dates. Thus, even where 8 good cause has been shown, the court will not grant a request to 9 change the discovery cutoff date without modifying the pretrial and 10 trial dates. 11 Agreement by the parties pursuant to stipulation does not 12 constitute good cause. Nor does the unavailability of witnesses or 13 counsel, except in extraordinary circumstances, constitute good 14 cause. 15 The parties are reminded of their continuing obligation to 16 supplement their statements relative to the identification of 17 parent corporations and any publicly held company that owns 10% or 18 more of the party's stock within a reasonable time of any change in 19 the information. 20 The parties are admonished that they are not to cite or refer 21 to any of the quotations inscribed in the pavers on the front plaza 22 of the United States Courthouse in any written or oral presentation 23 to the court or a jury. 24 There appear to be no other matters presently pending before 25 the court that will aid the just and expeditious disposition of 26 this matter. 10 1 IT IS SO ORDERED. 2 DATED: May 31, 2012. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 11

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?