Universal North America Insurance Company v. Electrolux Home Products, Inc. et al

Filing 49

PRETRIAL ORDER. Signed by Judge Robert M. Illman on 6/29/2018. (rmilc1, COURT STAFF) (Filed on 6/29/2018)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

EUREKA DIVISION

7
8

UNIVERSAL NORTH AMERICA
INSURANCE COMPANY,

9
10

United States District Court
Northern District of California

11
12
13

Plaintiff,

Case No. 16-cv-06884-RMI
PRETRIAL ORDER

v.
ELECTROLUX HOME PRODUCTS, INC.,
et al.
Defendants.

14
15

All previously set trial and pretrial conference dates are VACATED.
PRETRIAL SCHEDULE

16
17

TRIAL DATE: November 5, 2018, at 9:00 A.M., at the Federal Courthouse at 3140 Boeing

18

Avenue in McKinleyville, California.

19

JURY [X ]

COURT [ ]

20

TRIAL LENGTH: No more than [ 5] days.

21

PRETRIAL CONFERENCE DATE: October 15, 2018, at 2:30 p.m. at the Federal Courthouse at

22

3140 Boeing Avenue in McKinleyville, California
PRETRIAL INSTRUCTIONS

23
24
25

A. PRETRIAL MOTIONS
1. Chambers copies of each electronically-filed document must include on each page the

26

running header created by the ECF system. Chambers copies must be delivered to the

27

Clerk's Office in Eureka by noon the day following the filing of the document. All

28

1

documents must be stapled or bound by a two-pronged fastener, and all exhibits to

2

declarations or requests for judicial notice must be tabbed.

3

2. Footnotes appearing in font smaller than the 12-point font required for the text will be

4

stricken, see Civil L. R. 3-4(c)(2), as will footnotes that are so numerous as to be clearly

5

designed to defeat the page limits found at Civil L. R. 7-2 - 7-4.

6

3. Absent leave of court, motions pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc.,

7

509 U.S. 579 (1993), challenging the reliability of expert testimony, shall be noticed for

8

hearing no later than the date dispositive motions will be heard. Irrespective of the hearing

9

date, the briefs shall be filed in accordance with Civil L. R. 7-2 - 7-5, that is, on a 35-day

10

United States District Court
Northern District of California

11

briefing schedule.
4. Motions in limine are limited to motions to exclude specific items of evidence on a ground

12

and upon such authority as would be sufficient to sustain an objection to such evidence at

13

trial. The court will not generally consider a motion presenting a purely legal issue in the

14

guise of a motion in limine.

15

5. Confidential and/or sealed documents shall be handled in accordance with this court's

16

standing order and Civil L.R. 79-5, both of which the parties shall consult before moving

17

for a protective order or requesting a sealing order. Requests to seal documents used in

18

conjunction with dispositive motions are rarely granted and then only upon a showing of

19

the most compelling of reasons. Chambers copies with confidential materials will be

20

handled like all other chambers copies of materials without special restriction, and will

21

typically be recycled, not shredded. If the parties wish to dispose of documents filed under

22

seal in some other way, they must so note in their sealing motion and pick up the

23

documents within five court days of the disposition of the motion.

24
25
26
27

B. FINAL PRETRIAL CONFERENCE
1. The pretrial conference shall be attended by lead trial counsel and/or the unrepresented
party who will try the case.

28
2

1
2
3

2. Not less than 35 days prior to the pretrial conference, all counsel and/or unrepresented
parties shall meet and confer regarding preparation of the joint pretrial statement.
3. Not less than 21 days prior to the pretrial conference, counsel and/or unrepresented parties

4

shall:

5

a. Serve and file a joint pretrial statement. (Separately filed statements will not be

6

accepted by the court and monetary sanctions shall be imposed upon the party failing

7

to cooperate in the preparation of a joint statement).

8

The pretrial statement shall include the following:

9

i.

be decided.

10

United States District Court
Northern District of California

11

ii.

A detailed statement of all relief sought, itemizing all elements of damages
claimed.

12
13

A brief description of the substance of the claims and defenses which remain to

iii.

A statement of all relevant undisputed facts to which the parties will stipulate

14

for incorporation into the trial record without the necessity of supporting

15

testimony or exhibits.

16

iv.

A statement of all relevant disputed facts which remain to be decided.

17

v.

A statement of stipulations requested or proposed.

18

vi.

A brief statement of disputed points of law concerning liability and relief.
Legal argument on these points shall be reserved for the trial briefs.

19
20

vii.

desired and feasible.

21
22
23
24

A statement of whether bifurcation or a separate trial of specific issues is

viii.

A statement summarizing the status of settlement negotiations and indicating
whether further negotiations are likely to be productive.

b. Serve and file trial briefs (not to exceed 25 pages), which shall specify each cause of

25

action and defense remaining to be tried along with a statement of the applicable legal

26

standard (no opposition shall be filed);

27
28

c. Serve and file no more than ten motions in limine, which shall be filed in one
document not to exceed 25 pages;
3

1

d. Serve and file a list of deposition excerpts for witnesses who will not testify in person,

2

(specifying the witness, page and line references) and other discovery responses that

3

will be offered at trial;

4

e. Serve and file a list of all witnesses to be called at trial, in person or by deposition,

5

other than solely for impeachment or rebuttal, with a brief statement describing the

6

substance of the testimony to be given;

7

f. Serve and file a numerical list of exhibits that will be offered as evidence in a party's

8

case in chief in support of a claim or defense, with a brief statement describing the

9

substance and purpose of each exhibit and the name of the sponsoring witness;
g. Exchange exhibits which shall be premarked with an exhibit sticker (example

11
United States District Court
Northern District of California

10

attached), tabbed and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and

12

defendant shall use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional

13

parties shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3, etc.).

14
15

h. Submit two sets of all premarked exhibits to the Clerk's Office in Eureka (exhibits are
not filed);

16

i. Serve and file any request regarding the treatment of confidential or sealed documents.

17

j. Serve and file proposed joint voir dire questions and joint jury instructions for cases to

18

be tried by jury. Any voir dire questions and jury instructions which the parties cannot

19

agree upon may be submitted separately. An electronic copy of these documents shall

20

be e-mailed to [e-mail].

21

k. Serve and file proposed findings of fact and conclusions of law for cases or claims to

22

be tried by the court, and a proposed order thereon. An electronic copy of these

23

documents shall be e-mailed to [e-mail].

24

l. Serve and file a proposed verdict form which contains no reference to submitting party.

25

An electronic copy of these documents shall be e-mailed to [e-mail].

26
27

4. No party shall be permitted to call any witness or offer any exhibit in its case in chief that
is not disclosed in these pretrial filings without leave of court and for good cause.

28
4

1

5. Not less than 14 days prior to the pretrial conference, counsel and/or unrepresented parties

2

shall serve and file any opposition to a motion in limine, any counter deposition

3

designations, and any disputed voir dire questions and jury instructions. No replies shall

4

be filed. All motions shall be heard at the pretrial conference unless otherwise ordered.

5

The parties shall not file separate objections, apart from those contained in the motions in

6

limine, to the opposing party's witness list, exhibit list or discovery designations.

7
8

C. JURY TRIAL
Jury selection shall proceed as follows: The Jury Commissioner will summon 35

10

prospective jurors. The Courtroom Deputy will select their names at random and seat them in the

11
United States District Court
Northern District of California

9

courtroom in the order in which their names are called. Voir dire will be conducted of sufficient

12

venire members so that eight will remain after all peremptory challenges and an anticipated

13

number of hardship dismissals and cause challenges have been made.

14
15
16

Voir dire shall be conducted by the court. Counsel will be permitted brief follow-up voir
dire after the court's questioning.
The court will take cause challenges and discuss hardship claims in chambers. The court

17

will inform counsel which hardship claims and cause challenges will be granted, but will not

18

announce those dismissals until the selection process is completed. Peremptory challenges will be

19

made in chambers. Each party shall be limited to three peremptory challenges. Any party passing

20

on a challenge will be deemed to have waived that challenge. The court will strike at one time

21

those with meritorious hardship claims, those excused for cause, and those challenged

22

peremptorily, and then seat the first eight people remaining in numerical order.

23

The following jury instructions from the Ninth Circuit Manual of Model Jury Instructions

24

Civil (2007 Edition) shall be given absent objection: 1.0 - 1.4, 1.6 - 1.14, 1.18 - 1.19, 3.1 - 3.4.

25

Counsel shall submit a joint set of these instructions along with case specific instructions using

26

the Ninth Circuit Manual where appropriate. Any instructions on which counsel cannot agree may

27

be submitted separately. Each instruction shall be typed in full on a separate page with citations to

28

the authority upon which it is based and a reference to the party submitting it. A second blind
5

1

copy of each instruction shall also be submitted omitting the citation to authority, the reference to

2

the submitting party, and the title of the instruction.
Should a daily transcript and/or realtime reporting be desired, the parties shall make

3
4

arrangements with Debra Campbell, Court Reporter Supervisor, at [phone] or

5

[e-mail], at least 14 calendar days prior to the trial date.

6
7

D. TRIAL SCHEDULE
The court's trial schedule is 9:00 a.m. to 12:00 p.m., and 1:00 p.m. to 4:00 p.m., with two

8
9

fifteen-minute breaks. The court conducts trial five days a week.

10

United States District Court
Northern District of California

11

E. PROCEDURE FOR AMENDING THIS ORDER
No provision of this order may be changed except by written order of this court upon its

12
13

own motion or upon motion of one or more parties made pursuant to Civil. L. R. 7-11 with a

14

showing of good cause. Parties may file a formal brief, but a letter brief will suffice. The

15

requesting party shall serve the opposing party on the same day the motion is filed and the

16

opposing party shall submit a response as soon as possible but no later than four days after service.
If the modification sought is an extension of a deadline contained herein, the motion must

17
18

be brought before expiration of that deadline. The parties may not modify the pretrial schedule

19

by stipulation. A conflict with a court date set after the date of this order does not constitute good

20

cause. The parties are advised that if they stipulate to a change in the discovery schedule, they do

21

so at their own risk. The only discovery schedule that the court will enforce is the one set in this

22

order.

23
24
25
26

IT IS SO ORDERED.
Dated: June 29, 2018
______________________________________
Robert M Illman
United States Magistrate Judge

27
28
6

1
2
3
4
5

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Case #:
Plntf Exhibit
No

Case #:
Plntf Exhibit
No

Case #:
Plntf Exhibit
No

Date Admitted:

Date Admitted:

Date Admitted:

By:

By:

By:

Gloria Knudson, Deputy Clerk

6
7

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Gloria Knudson, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Gloria Knudson, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

8

Case #:
Plntf Exhibit
No

Case #:
Plntf Exhibit
No

Case #:
Plntf Exhibit
No

9

Date Admitted:

Date Admitted:

Date Admitted:

By:

By:

By:

10

United States District Court
Northern District of California

11
12

Gloria Knudson, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Gloria Knudson, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Gloria Knudson, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

14

Case #:
Plntf Exhibit
No

Case #:
Plntf Exhibit
No

Date Admitted:

Date Admitted:

Date Admitted:

By:

13

Case #:
Plntf Exhibit
No

By:

By:

15
16
17
18

Gloria Knudson, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Gloria Knudson, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Gloria Knudson, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Case #:

Case #:

Case #:

Deft Exhibit No

Deft Exhibit No

Deft Exhibit No

19

Date Admitted:

Date Admitted:

Date Admitted:

20

By:

By:

By:

Gloria Knudson, Deputy Clerk

21
22

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Gloria Knudson, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Gloria Knudson, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Case #:

24
25

Case #:

Case #:

Deft Exhibit No

Deft Exhibit No

Deft Exhibit No

Date Admitted:

Date Admitted:

Date Admitted:

By:

23

By:

By:

Gloria Knudson, Deputy Clerk

Gloria Knudson, Deputy Clerk

26
27
28
7

Gloria Knudson, Deputy Clerk