Woodland Tractor and Equipment v.. CNH Industrial America

Filing 74

AMENDED SUPPLEMENTAL PRETRIAL ORDER signed by Senior Judge Morrison C. England, Jr. on 8/28/2020. Final Pretrial Conference set 10/21/2021 at 2:00 pm in Courtroom 7. Jury Trial confirmed for 12/6/2021. (Deutsch, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WOODLAND TRACTOR AND
EQUIPMENT CO., INC.,
Plaintiff,

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AMENDED SUPPLEMENTAL PRETRIAL
SCHEDULING ORDER

v.

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No. 2:15-cv-02042-MCE-DB

CNH INDUSTRIAL AMERICA, LLC,
Defendant.

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After review of the parties’ Joint Trial Readiness Statement, the Court vacated the

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Order to Show Cause and makes the following Supplemental Pretrial Scheduling Order.

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I.

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FINAL PRETRIAL CONFERENCE
A Final Pretrial Conference is set on *October 21, 2021, at 2:00 p.m., in

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courtroom 7. At least one of the attorneys who will conduct the trial for each of the

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parties shall attend the Final Pretrial Conference. If by reason of illness or other

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unavoidable circumstance a trial attorney is unable to attend, the attorney who attends in

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place of the trial attorney shall have equal familiarity with the case and equal

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authorization to make commitments on behalf of the client.

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Counsel for all parties are to be fully prepared for trial at the time of the Final

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Pretrial Conference, with no matters remaining to be accomplished except production of

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witnesses for oral testimony.
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II.

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JOINT FINAL PRETRIAL CONFERENCE STATEMENT
The parties shall file, not later than September 23, 2021, a Joint Final Pretrial

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Conference Statement. The provisions of Local Rule 281 shall apply with respect to the

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matters to be included in the Joint Final Pretrial Conference Statement. In addition to

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those subjects listed in Local Rule 281(b), the parties are to provide the Court with a

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plain, concise statement that identifies every non-discovery motion tendered to the Court

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and its resolution. Failure to comply with Local Rule 281, as modified by this

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Supplemental Pretrial Scheduling Order, may be grounds for sanctions.

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At the time of filing the Joint Final Pretrial Conference Statement, counsel shall

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also electronically mail to the Court in digital format compatible with Microsoft Word, the

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Joint Final Pretrial Statement in its entirety including the witness and exhibit lists. These

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documents shall be sent to [e-mail].

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The parties should identify first the core undisputed facts relevant to all claims.

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The parties should then, in a concise manner, identify those undisputed core facts that

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are relevant to each claim. The disputed facts should be identified in the same manner.

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Where the parties are unable to agree as to what disputed facts are properly before the

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Court for trial, they should nevertheless list all disputed facts asserted by each party.

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Each disputed fact or undisputed fact should be separately numbered or lettered.

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Each party shall identify and concisely list each disputed evidentiary issue which
will be the subject of a motion in limine.

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Each party shall identify the points of law which concisely describe the legal

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issues of the trial which will be discussed in the parties’ respective trial briefs. Points of

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law should reflect issues derived from the core undisputed and disputed facts. Parties

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shall not include argument or authorities with any point of law.

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Each party shall confirm the number of court days required to submit the case to

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the jury. The parties shall further confirm how many court days they will each require to

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present their cases, inclusive of opening statements and closing arguments.

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Plaintiff’s estimate shall also include the time necessary for jury selection, and

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Defendant’s estimate shall include the time necessary to finalize jury instructions and to

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instruct the jury. If the parties later submit a revised trial length estimate, the Court will

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attempt to accommodate them, but, due to its impacted docket, cannot guarantee that it

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will be able to do so.

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The parties are reminded that pursuant to Local Rule 281 they are required to list

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in the Joint Final Pretrial Conference Statement all witnesses and exhibits they propose

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to offer at trial. After the name of each witness, each party shall provide a brief

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statement of the nature of the testimony to be proffered. The parties may file a joint list

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or each party may file separate lists. These list(s) shall not be contained in the body of

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the Joint Final Pretrial Conference Statement itself, but shall be attached as separate

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documents to be used as addenda to the Final Pretrial Order. Counsel are ordered to

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file their exhibit list on or before September 23, 2021. The parties must expressly

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reserve the right to offer additional exhibits at trial.

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The Plaintiff’s exhibits shall be listed numerically. Defendant’s exhibits shall be

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listed alphabetically. After A-Z is exhausted, defense counsel is to use A2 through Z2,

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then begin with A3 through Z3, and so on. Each page in all multi-page exhibits shall be

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marked for identification and all photographs must be marked individually. A footer must

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be used to mark exhibits and must be in the following format: Case Number, Case

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Name, Party Offering Exhibit, Exhibit Number or Letter, Page of Exhibit with length of

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exhibit. 1

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Each party may use an exhibit designated by the other. Exhibit lists must be in

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Microsoft Word, filed in the table format as shown below, and emailed to

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[e-mail] by September 23, 2021.

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2:15-cv-02042-MCE-DB, Woodland v. CNH

Example of exhibit stamp footer.
Plaintiffs’ Exhibit 1

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Page 1 of 3

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EXHIBIT
IDENTIFICATION

EXHIBIT DESCRIPTION

DATE
DATE
OFFERED ADMITTED

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The parties are ordered to file their exhibit lists on or before September 23, 2021.
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Each page in all multi-page exhibits shall be marked for identification and all
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photographs must be marked individually. All exhibits must be premarked. The list of
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exhibits shall not include excerpts of depositions which may be used to impeach
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witnesses.
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A.

No other exhibits will be permitted to be introduced unless:

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(1)

The party proffering the exhibit demonstrates that the exhibit is for

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the purpose of rebutting evidence, or
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(2)

The exhibit was discovered after the pretrial statements were filed

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and the proffering party makes the showing required in paragraph “B”, below.
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B.

Upon the post-pretrial discovery of exhibits, the parties shall promptly

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inform the Court and opposing party of the existence of such exhibits so that the Court
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may consider at trial their admissibility. The exhibits will not be received unless the
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proffering party demonstrates:
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(1)

The exhibits could not reasonably have been discovered earlier;

(2)

The Court and opposing parties were promptly informed of their

(3)

The proffering party forwarded a copy of the exhibit(s) (if physically

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existence;
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possible) to opposing parties. If the exhibit(s) may not be copied, the proffering party
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must show that the exhibit(s) were made reasonably available for inspection by opposing
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party.
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The Final Pretrial Order will contain a stringent standard for the offering at trial of

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witnesses and exhibits not listed in the Final Pretrial Order, and the parties are cautioned

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that the standard will be strictly applied. The listing of exhibits or witnesses that a party

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does not intend to offer will be viewed as an abuse of the Court’s processes.

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The parties are reminded that pursuant to Rule 16 of the Federal Rules of Civil

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Procedure it will be their duty at the Final Pretrial Conference to aid the Court in: (a) the

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formulation and simplification of issues and the elimination of frivolous claims or

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defenses; (b) the settling of facts that should properly be admitted; and (c) the avoidance

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of unnecessary proof and cumulative evidence. Counsel must cooperatively prepare the

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Joint Final Pretrial Conference Statement and participate in good faith at the Final

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Pretrial Conference with these aims in mind. A failure to do so may result in the

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imposition of sanctions which may include monetary sanctions, orders precluding proof,

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elimination of claims or defenses, or such other sanctions as the Court deems

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appropriate.

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III.

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TRIAL BRIEFS
The parties shall file trial briefs not later than September 23, 2021. Counsel are

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directed to Local Rule 285 regarding the content of trial briefs.

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IV.

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SETTLEMENT CONFERENCE
The parties are directed to contact Magistrate Judge ** courtroom deputy for the

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scheduling of a settlement conference within ten (10) days from the date of this order for

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the scheduling of the conference. Counsel are instructed to have a principal with full

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settlement authority present at the settlement conference or to be fully authorized to

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settle the matter on any terms. The parties are ordered to file a joint status report not

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later than seven (7) days after the conclusion of the settlement conference.

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V.

MOTIONS IN LIMINE

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Any evidentiary or procedural motions are to be filed in one document by

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September 23, 2021. Oppositions must be filed in one document by October 7, 2021,

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and any reply must be filed in one document by October 14, 2021. The motions will be

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heard by the Court at the same time as the Final Pretrial Conference.

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VI.

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TRIAL SETTING
A jury trial is set on December 6, 2021, at 9:00 a.m. in courtroom 7. Trial is

confirmed for five (5) days.

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The parties are reminded that pursuant to Federal Rules of Civil Procedure

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Rule 16(b), the Supplemental Pretrial Scheduling Order shall not be modified except by

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leave of court upon a showing of good cause. Agreement by the parties pursuant to

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stipulation alone to modify the Supplemental Pretrial Scheduling Order does not

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constitute good cause. Except in extraordinary circumstances, unavailability of

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witnesses or counsel will not constitute good cause.

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This Supplemental Pretrial Scheduling Order will become final without further

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order of the Court unless objections are filed within seven (7) court days of service of this

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Order.

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IT IS SO ORDERED.
Dated:

August 28, 2020

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