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)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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10 MEYER MANUFACTURING
COMPANY LIMITED, a
11 Hongkong Corporation,
NO. CIV. S-11-3153 LKK/DAD
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Plaintiff,
v.
14 TELEBRANDS CORP., a New
Jersey Corporation,
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Defendant.
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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:
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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No modifications of the discovery requirements found in the
22 Federal Rules is ordered.
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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
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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.
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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.
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MID-LITIGATION STATEMENTS
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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.
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FINAL PRETRIAL CONFERENCE
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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.
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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.
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The parties shall file Separate Pretrial Statements, the
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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).
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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
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1 facts will be read to the jury.
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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.
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Pursuant
to
Local
Rule
281(b)(8),
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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
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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
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A Settlement Conference will be set before a judge other than
23 the trial judge at the time of the Pretrial Conference.
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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
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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.
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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.
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IT IS SO ORDERED.
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DATED:
May 31, 2012.
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