Lee et al v. Yang et al

Filing 84

PRETRIAL SCHEDULING ORDER signed by District Judge Troy L. Nunley on 8/12/13: The Class Certification hearing is set for 11/14/2013 at 2:00 PM in Courtroom #2. All discovery shall be completed by 9/30/2013. The last day to hear dispositive motions shall be 11/14/2013. The Final Pretrial Conference is set for 3/13/2014 at 2:00 PM in Courtroom #2 before District Judge Troy L. Nunley. The joint final pretrial conference statement is due by 2/13/2014. Trial briefs are due by 2/27/2014. An y evidentiary or procedural motions are to be filed by 2/20/2014, oppositions due by 2/27/2014, and any reply due by 3/6/2014. A Jury Trial is set for 5/19/2014 at 9:00 AM in Courtroom #2 before District Judge Troy L. Nunley. The panel will consist of eight (8) jurors. The parties estimate a trial length of five (5) days. A Settlement Conference is set for 10/11/2013 at 9:30 AM in Courtroom #24 before Magistrate Judge Carolyn K. Delaney. (Kastilahn, A)

Lee et al v. Yang et al

Doc. 84

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NOU LEE and BOR PHA,

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No. 2:12-cv-1580-TLN-DAD

Plaintiffs,
PRETRIAL SCHEDULING ORDER

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v.

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YIA YANG, et al.,

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Defendants.
___________________________/

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A scheduling conference was held in this case on August 8,

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2013; Bryan Kemnitzer appeared for plaintiffs; Daniel Costa

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appeared for defendants Yia Yang and Yia Auto Sales, Inc.; and

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John Fallat appeared for defendant Great American Insurance

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Company. Having reviewed the parties’ Joint Status Report filed

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on July 29, 2013, and discussed a schedule for the case with

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counsel at the hearing, the Court makes the following Pretrial

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Scheduling Order.

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I.

SERVICE OF PROCESS

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All named Defendants have been served and no further service

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is permitted without leave of court, good cause having been

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shown.
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Dockets.Justia.com

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II.

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No joinder of parties or amendments to pleadings is

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ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS

permitted without leave of court, good cause having been shown.

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon 28 U.S.C. sections 1332(d),

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and 1453.

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IV.

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The Plaintiffs’ Motion for Class Certification shall be

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CLASS CERTIFICATION

filed by within one (1) week of the Court’s ruling on Defendant

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Great American Insurance Company’s Motion to Dismiss.

The Class

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Certification Hearing is set for November 14, 2013 at 2:00 p.m.

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V.

DISCOVERY

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All discovery, with the exception of expert discovery, shall

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be completed by September 30, 2013.

In this context, “completed”

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means that all discovery shall have been conducted so that all

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depositions have been taken and any disputes relative to

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discovery shall have been resolved by appropriate order if

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necessary and, where discovery has been ordered, the order has

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been obeyed.

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the magistrate judge’s calendar in accordance with the local

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rules of this Court.

All motions to compel discovery must be noticed on

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VI.

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The last day to hear dispositive motions shall be November

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MOTION HEARING SCHEDULE

14, 2013.
All purely legal issues are to be resolved by timely

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pretrial motions.

Failure to comply with Local Rules 230 and

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260, as modified by this Order, may be deemed consent to the

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motion and the Court may dispose of the motion summarily.
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Further, failure to timely oppose a summary judgment motion1 may

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result in the granting of that motion if the movant shifts the

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burden to the nonmovant to demonstrate that a genuine issue of

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material fact remains for trial.

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The Court places a page limit of twenty (20) pages on all

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initial moving papers, twenty (20) pages on oppositions, and ten

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(10) pages for replies.

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must be made in writing to the Court setting forth any and all

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reasons for any increase in page limit.

All requests for page limit increases

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The parties are reminded that a motion in limine is a

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pretrial procedural device designed to address the admissibility

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of evidence.

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dispositional motions presented at the Final Pretrial Conference

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or at trial in the guise of motions in limine.

The Court will look with disfavor upon

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The parties are cautioned that failure to raise a

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dispositive legal issue that could have been tendered to the

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court by proper pretrial motion prior to the dispositive motion

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cut-off date may constitute waiver of such issue.

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VII. FINAL PRETRIAL CONFERENCE

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The Final Pretrial Conference is set for March 13, 2014 at

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2:00 p.m.

At least one of the attorneys who will conduct the

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trial for each of the parties shall attend the Final Pretrial

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Conference.

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circumstance a trial attorney is unable to attend, the attorney

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who attends in place of the trial attorney shall have equal

If by reason of illness or other unavoidable

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The Court urges any party that contemplates bringing a
motion for summary judgment or who must oppose a motion for
summary judgment to review Local Rule 260.
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familiarity with the case and equal authorization to make

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commitments on behalf of the client.

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Counsel for all parties are to be fully prepared for trial

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at the time of the Final Pretrial Conference, with no matters

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remaining to be accomplished except production of witnesses for

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oral testimony.

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The parties shall file, not later than February 13, 2014, a

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Joint Final Pretrial Conference Statement.

The provisions of

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Local Rules 281 shall apply with respect to the matters to be

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included in the Joint Final Pretrial Conference Statement.

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addition to those subjects listed in Local Rule 281(b), the

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parties are to provide the Court with a plain, concise statement

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that identifies every non-discovery motion tendered to the Court

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and its resolution.

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modified by this Pretrial Scheduling Order, may be grounds for

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sanctions.

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In

Failure to comply with Local Rule 281, as

At the time of filing the Joint Final Pretrial Conference

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Statement, counsel shall also electronically mail to the Court in

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digital format compatible with Microsoft Word, the Joint Final

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Pretrial Conference Statement in its entirety including the

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witness and exhibit lists.

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[e-mail].

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These documents shall be sent to:

The parties should identify first the core undisputed facts

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relevant to all claims.

The parties should then, in a concise

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manner, identify those undisputed core facts that are relevant to

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each claim.

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manner.

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disputed facts are properly before the Court for trial, they

The disputed facts should be identified in the same

Where the parties are unable to agree as to what

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should nevertheless list all disputed facts asserted by each

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party.

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separately numbered or lettered.

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Each disputed fact or undisputed fact should be

Each party shall identify and concisely list each disputed

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evidentiary issue which will be the subject of a motion in

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limine.

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Each party shall identify the points of law which concisely

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describe the legal issues of the trial which will be discussed in

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the parties’ respective trial briefs.

Points of law should

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reflect issues derived from the core undisputed and disputed

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facts.

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any point of law.

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Parties shall not include argument or authorities with

The parties shall prepare a joint statement of the case in

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plain concise language which will be read to the jury at the

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beginning of the trial.

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inform the jury what the case is about.

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The purpose of the joint statement is to

The parties are reminded that pursuant to Local Rule 281

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they are required to list in the Joint Final Pretrial Conference

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Statement all witnesses and exhibits they propose to offer at

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trial.

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a brief statement of the nature of the testimony to be proffered.

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The parties may file a joint list or each party may file separate

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lists.

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Joint Final Pretrial Conference Statement itself, but shall be

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attached as separate documents to be used as addenda to the Final

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Pretrial Order.

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After the name of each witness, each party shall provide

These list(s) shall not be contained in the body of the

Plaintiff’s exhibits shall be listed numerically.
Defendants’ exhibits shall be listed alphabetically.
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The parties

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shall use the standard exhibit stickers provided by the Court

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Clerk’s Office: pink for plaintiff and blue for defendant.

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the event that the alphabet is exhausted, the exhibits shall be

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marked “AA-ZZ” and “AAA-ZZZ” etc.

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number of letters in parenthesis (i.e., “AAAA(4)”) to reduce

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confusion at trial.

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otherwise fastened together and each page within the exhibit

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shall be numbered.

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The list of exhibits shall not include excerpts of depositions,

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After three letters, note the

All multi-page exhibits shall be stapled or

All photographs shall be marked individually.

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which may be used to impeach witnesses.

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Plaintiff and Defendant offer the same exhibit during trial, that

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exhibit shall be referred to by the designation the exhibit is

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first identified.

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attention to this detail so that all concerned, including the

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jury, will not be confused by one exhibit being identified with

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both a number and a letter.

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In the event that

The Court cautions the parties to pay

The Final Pretrial Order will contain a stringent standard

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for the offering at trial of witnesses and exhibits not listed in

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the Final Pretrial Order, and the parties are cautioned that the

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standard will be strictly applied.

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listing of exhibits or witnesses that a party does not intend to

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offer will be viewed as an abuse of the court’s processes.

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On the other hand, the

The parties also are reminded that pursuant to Rule 16 of

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the Federal Rules of Civil Procedure it will be their duty at the

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Final Pretrial Conference to aid the Court in: (a) the

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formulation and simplification of issues and the elimination of

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frivolous claims or defenses; (b) the settling of facts that

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should properly be admitted; and (c) the avoidance of unnecessary
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proof and cumulative evidence.

Counsel must cooperatively

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prepare the Joint Final Pretrial Conference Statement and

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participate in good faith at the Final Pretrial Conference with

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these aims in mind.

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imposition of sanctions which may include monetary sanctions,

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orders precluding proof, elimination of claims or defenses, or

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such other sanctions as the Court deems appropriate.

A failure to do so may result in the

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VIII.

TRIAL BRIEFS

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The parties shall file trial briefs not later than February

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27, 2014.

Counsel are directed to Local Rule 285 regarding the

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content of trial briefs.

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IX.

EVIDENTIARY AND/OR PROCEDURAL MOTIONS

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Any evidentiary or procedural motions are to be filed by

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February 20, 2014.

Oppositions must be filed by February 27,

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2014 and any reply must be filed by March 6, 2014.

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will be heard by the Court at the same time as the Final Pretrial

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Conference.

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X.

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The trial is set for May 19, 2014 at 9:00 a.m.

The motions

TRIAL SETTING

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be by jury.

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Trial will

The panel will consist of eight (8) jurors.

The

parties estimate a trial length of five (5) days.

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XI.

SETTLEMENT CONFERENCE

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A Settlement Conference is set before Magistrate Judge

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Carolyn K. Delaney on October 11, 2013 at 9:30 a.m. Each party is

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directed to have a principal capable of disposition at the

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Settlement Conference or to be fully authorized to settle the

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matter on any terms at the Settlement Conference.

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Each party is directed to submit to the chambers of Judge

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Carolyn K. Delaney confidential settlement conference statements

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not later than October 4, 2013, to [e-mail].

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Such statements are neither to be filed with the clerk nor served

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on opposing counsel.

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party that the statement has been submitted to the judge’s

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chambers.

However, each party shall notify the other

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XII. VOLUNTARY DISPUTE RESOLUTION PROGRAM

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Pursuant to Local Rule 271, parties may stipulate at any

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stage in the proceedings to refer the action, in whole or in

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part, to the Voluntary Dispute Resolution Program.

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XIII.

MODIFICATION OF PRETRIAL SCHEDULING ORDER

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The parties are reminded that pursuant to Rule 16(b) of the

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Federal Rules of Civil Procedure, the Pretrial Scheduling Order

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shall not be modified except by leave of court upon a showing of

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good cause.

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alone to modify the Pretrial Scheduling Order does not constitute

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good cause. Except in extraordinary circumstances, unavailability

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of witnesses or counsel will not constitute good cause.

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XIV. OBJECTIONS TO PRETRIAL SCHEDULING ORDER

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This Pretrial Scheduling Order will become final without

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further order of the Court unless objections are filed within

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fourteen (14) days of service of this Order.

Agreement by the parties pursuant to stipulation

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IT IS SO ORDERED.

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DATED: August 12, 2013

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Troy L. Nunley
United States District Judge

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