Yang et al v. Shanghai Gourmet, LLC

Filing 77

PRETRIAL ORDER. Signed by Judge James Larson on 7/2/10. (jlsec, COURT STAFF) (Filed on 7/2/2010)

Download PDF
Yang et al v. Shanghai Gourmet, LLC Doc. 77 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California Bao Yi Yang, et al., Plaintiffs, v. Shanghai Gourmet, et al., Defendants. ________________________________/ No. C 07-4482 JL 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE MANAGEMENT AND PRETRIAL ORDER Pursuant to Fed. R. Civ. P. 16 and Civ. L.R. 16-10(b), the following case management and pretrial order is entered: 1. TRIAL DATE a. Court trial will begin on July 19, 2010 at 9:00 a.m. in Courtroom F, 15th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. b. 2. The length of the trial will be not more than 5 days. PRETRIAL CONFERENCE a. A final pretrial conference shall be held on June 30, 2010, at 11:00 a.m., in Courtroom F, 15th Floor. Each party shall attend personally or by counsel who will try the case. C-07-4482 PRETRIAL ORDER Page 1 of 5 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 b. Not less than thirty (30) days prior to the date of the pretrial conference, all counsel or parties shall meet and fulfill the requirements of Civil Local Rule 16-10(b). c. Not less than twenty (20) days prior to the pretrial conference, counsel or parties shall (I) serve and file a joint pretrial statement pursuant to Local Rule 16-10 (b)(6); The pretrial statement shall include the disclosures required by Fed. R. Civ. P. 26(a)(3) as well as the following: THE ACTION Substance of the Action Relief Prayed FACTUAL BASIS FOR THE ACTION Undisputed Facts Disputed Factual Issues Agreed Statement Stipulations DISPUTED LEGAL ISSUES (List) TRIAL PREPARATION Witnesses to be Called Exhibits, Schedules and Summaries; Trial Estimate of Trial Time Use of Discovery Responses at Trial Further Discovery or Motions TRIAL ALTERNATIVES AND OPTIONS Settlement Discussions United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C-07-4482 PRETRIAL ORDER Page 2 of 5 1 2 3 4 5 6 7 8 9 10 shall also: d. Amendments - Dismissals Bifurcation, Separate Trial of Issues MISCELLANEOUS Any other concerns of the parties At the same time that the parties file their joint pretrial statement they (ii) Serve and file trial briefs, which shall specify each cause of action and defense remaining to be tried along with a statement of the applicable legal standard (no opposition shall be filed); (iii) Serve and file motions in limine, which shall be contained in United States District Court 11 For the Northern District of California one document. Motions in limine will be decided at the Pretrial Conference. e. Serve and file a list of excerpts from discovery that will be offered at 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 trial, specifying the witness, page and line references and whether the excerpt is to be offered in lieu of testimony or as impeachment; f. Serve and file a list of witnesses likely to be called at trial, in person or by deposition, other than solely for impeachment or rebuttal, with a brief statement describing the substance of the testimony to be given; g. Serve and file a numerical list of exhibits (including demonstrative exhibits that may be admitted into evidence but not those that are purely illustrative), with a brief statement describing the substance and purpose of each exhibit and the name of the sponsoring witness; h. Exchange exhibits which shall be premarked, tabbed and in binders (plaintiff shall use numbers and defendant shall use letters); and deliver the original and two duplicate sets of all premarked exhibits to chambers (exhibits are not to be filed) at least one week before trial. (See Label) C-07-4482 PRETRIAL ORDER Page 3 of 5 1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. _______________ Exhibit No. ______________ Date entered: ____________ RICHARD W. WIEKING, Clerk By: ___________________ United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provided. n. j. Deputy Clerk Serve and file proposed joint voir dire questions and joint jury instructions for cases to be tried by jury (further instructions regarding jury instructions below); NOT APPLICABLE IN THIS CASE k. Serve and file proposed findings of fact and conclusions of law for cases to be tried by the Court. l. submitting party. m. Two courtesy copies of trial briefs and motions in limine shall be Serve and file a proposed verdict form which contains no reference to 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. 3. Not less than nine calendar days prior to the pretrial conference, counsel or parties shall serve and file any opposition or objection to those items required by section 2 (e), (f),(j), (k) and (l) of this order. Additionally, counsel or parties shall file any objections to the qualifications of expert witnesses contained in the opposing party's witness list. C-07-4482 PRETRIAL ORDER Page 4 of 5 1 2 3 4 5 6 7 8 9 10 Objections not filed as required will be deemed waived. No replies shall be filed. All motions and objections shall be heard at the pretrial conference unless otherwise ordered. 4. All documents filed with the Clerk of the Court shall list the civil case number followed by the initials "JL." One copy shall be clearly marked as a chambers copy. IT IS SO ORDERED. DATED: January 21, 2010 __________________________________ James Larson U.S. Magistrate Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\JLALL\CASES\CIVIL\07-4482\Pretrial Order.wpd C-07-4482 PRETRIAL ORDER Page 5 of 5

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?