KFD Enterprises Inc v. City of Eureka

Filing 632

STATUS CONFERENCE ORDER. Trial date and schedule set. Signed by Judge Samuel Conti on 08/23/2013. (tmi, COURT STAFF) (Filed on 8/23/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 08-04571 SC

KFD ENTERPRISES INC,

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For the Northern District of California

United States District Court

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Plaintiff,
STATUS CONFERENCE ORDER

v.
CITY OF EUREKA, ET AL.,
Defendant.
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IT IS HEREBY ORDERED THAT:

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(1) This case is set for trial on Monday, 06/16/2014, at 9:30 a.m., or as soon

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thereafter as the court may designate, all counsel having been advised that they must be

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prepared to go to trial on a trailing basis. This order shall also apply to all trial

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continuance dates.

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(2) All discovery has concluded, except as issued in Magistrate Judge Corley’s
May 30, 2013 Order re Supplemental Expert Reports.
(3) The last hearing date for motions, to be noticed in accordance with Civil

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Local Rule 7-2, is Friday, 05/02/,2014, at 10:00 a.m. Counsel should contact the

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courtroom deputy clerk for an available date prior to noticing any motions for hearing.

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(4) All counsel shall meet prior to the pretrial conference to discuss the

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preparation of a joint pretrial statement and possible settlement of the action. Within

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one week thereafter, all counsel shall sign and file a written statement briefly
summarizing the result of said conference, insofar as possible settlement is concerned.

(5) A pretrial conference shall be held before the court on Friday, 06/ 06/2014,

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at 10:00 a.m.

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(6) Not less than fourteen calendar days prior to the date set for trial, the parties
shall:

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(a) serve and file trial briefs;

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(b) submit a list of the witnesses, including expert witnesses, they intend

the order of presentation, and an estimate of testimony time (both direct and cross), and

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a brief statement as to the content of the witness' testimony. No witnesses other than

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those on said list shall be allowed to testify (except upon express order of the court),

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For the Northern District of California

to present and any Daubert challenges (if not presented they will be deemed waived),

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United States District Court

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also with reference to expert witnesses, FRCP Rule 26 will be adhered to and applied;

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(c) serve and file statements designating excerpts from depositions

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(specifying the witness and page and line references), from interrogatory answers and

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from responses to requests for admission to be offered at the trial other than for

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impeachment or rebuttal;

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(d) exchange copies of all exhibits to be offered and all schedules,

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summaries, diagrams and charts to be used at the trial other than for impeachment or

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rebuttal. Upon request, a party shall make the original or the underlying documents of

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any exhibit available for inspection and copying. Each proposed exhibit shall be pre-

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marked for identification in a manner clearly distinguishing plaintiff from defendant,

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and a list of exhibits shall be prepared by each party.

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(7) (a) If a jury trial has been demanded, the parties shall not less than fourteen

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days before the date set for trial, e-file with the court, proposed voir dire questions, a

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complete set of proposed jury instructions and verdict form upon which they have

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agreed, including all standard instructions regarding the role of jurors, organization of

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the jury, communication with the court, etc. At the same time, each party shall e-file

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with the court, all proposed jury instructions upon which any other party does not agree,

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noting the corresponding instruction, if any, being lodged by the other party. Each
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proposed instruction shall (I) be concise and free from argument; (ii) show the identity

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of the offering party; (iii) be typewritten in full on separate pages; (iv) be consecutively

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numbered; and (v) set forth specific citations to supporting authority.

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(b) If a non-jury trial is requested, each party must submit proposed

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findings of fact and conclusions of law and form of judgment at least fourteen days

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before trial.

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(8) Each party shall see to it that all depositions are brought to court on the trial
date.

upon its own motion, or upon motion of one or more parties made pursuant to Civil

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For the Northern District of California

(9) No provisions of the order may be changed except by order of this court

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United States District Court

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Local Rule 7.

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(10) Failure to strictly comply fully with each and all provisions of this order

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will be deemed sufficient grounds to impose sanctions, which may include dismissal of

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the action, dismissal of cross-complaint, dismissal of defenses, or refusal of testimony

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of witnesses not listed per 6(b) above.

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Dated: August 23, 2013

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United States District Judge

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INSTRUCTIONS FOR EXHIBIT MARKERS, EXHIBIT LIST, AND TRANSCRIPTS

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EXHIBIT MARKERS
Counsel should fill in the appropriate markers leaving the "Date Entered" and
"Deputy Clerk" lines blank.
Plaintiff's exhibits should be denoted as: 1, 2, 3, etc. Defendant's exhibits should be
denoted as: A, B, C, etc.

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EXHIBIT LIST
Counsel are to supply all the requested information with the exception of the two
"Date Boxes."
COLOR OF EXHIBIT BINDERS

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For the Northern District of California

United States District Court

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Plaintiff's exhibit binders must be black and Defendant's exhibit binders must be
blue.
TRANSCRIPTS
Should a daily transcript and/or realtime reporting be desired, arrangements must be
made with the Courtroom Deputy at least fourteen (14) days before the scheduled trial date.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO.

DATE

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v.

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EXHIBIT LIST

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(

) Plaintiff

(

) Defendant

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For the Northern District of California

United States District Court

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EXHIBIT
NUMBER

MARKED

ADMITTED

DESCRIPTION OF EXHIBIT

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Case No.
PLTF Exhibit No.

Case No.
1

DEFT Exhibit No.

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Date Entered

Date Entered

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Signature

Signature

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Case No.

Case No.

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PLTF Exhibit No.

A

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2

DEFT Exhibit No.

Date Entered

Date Entered

Signature

Signature

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Case No.

Case No.

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PLTF Exhibit No.

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Date Entered

Date Entered

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Signature

Signature

Case No.

B

Case No.

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For the Northern District of California

United States District Court

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3

DEFT Exhibit No.

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PLTF Exhibit No.

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Date Entered

Date Entered

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Signature

Signature

Case No.

C

Case No.

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DEFT Exhibit No.

D

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PLTF Exhibit No.

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DEFT Exhibit No.

Date Entered

Date Entered

Signature

Signature

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Case No.

Case No.

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PLTF Exhibit No.

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Date Entered

Date Entered

Signature

Signature

E

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DEFT Exhibit No.

F