Reynolds v. General Electric Company et al

Filing 64

PRETRIAL ORDER. Signed by Magistrate Judge Jacqueline Scott Corley on 11/18/2013. (ahm, COURT STAFF) (Filed on 11/18/2013)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9
10

Northern District of California

United States District Court

11
12

JACK REYNOLDS,
Plaintiff,

13

Case No.: 09-cv-2806 JSC
PRETRIAL ORDER

v.

14
15
16

NORTHROP GRUMMAN
SHIPBUILDING, INC.

17

Defendant.

18
19
20
21

Following the Case Management Conference held on November 7, 2013, IT IS
HEREBY ORDERED THAT:
I.

22
23

Deadline for Hearing Dispositive Motions:
II.

24
25

28

March 27, 2014

TRIAL DATE
A.

Jury trial will begin on June 23, 2014, at 8:30 a.m., in Courtroom F, 15th Floor,

U.S. District Court, 450 Golden Gate, San Francisco, California.

26
27

CASE MANAGEMENT SCHEDULE

B.
III.

The Court is expecting the length of the trial to not exceed 15 court days.

PRETRIAL CONFERENCE

1
2
3
4
5

A Final Pretrial Conference shall be held on May 22, 2014, at 2:00 p.m., in Courtroom
F, 15th Floor. Lead trial counsel for each party shall attend.
A.

At least seven days prior to date of the Final Pretrial Conference the parties

shall do the following:
1.

In lieu of preparing a Joint Pretrial Conference Statement, the parties

6

shall meet and confer in person, and then prepare and file a jointly signed Proposed Final

7

Pretrial Order that contains: (a) a brief description of the substance of claims and defenses

8

which remain to be decided; (b) a statement of all relief sought; (c) all stipulated facts; (d) a

9

joint exhibit list in numerical order, including a brief description of the exhibit and Bates

Northern District of California

numbers, a blank column for when it will be offered into evidence, a blank column for when

11
United States District Court

10

it may be received into evidence, and a blank column for any limitations on its use; and (e)

12

each party’s separate witness list for its case-in-chief witnesses (including those appearing by

13

deposition), including, for all such witnesses (other than party plaintiffs or defendants), a

14

short statement of the substance of his/her testimony and, separately, what, if any, non-

15

cumulative testimony the witness will offer. For each witness, state an hour/minute time

16

estimate for the direct examination (only). Items (d) and (e) should be submitted as

17

appendices to the proposed order. The proposed order should also state which issues, if any,

18

are for the Court to decide, rather than the jury.

19

2.

File a joint set of proposed instructions on substantive issues of law

20

arranged in a logical sequence. If undisputed, an instruction shall be identified as “Stipulated

21

Instruction No. ____ Re ___________,” with the blanks filled in as appropriate. If disputed,

22

each version of the instruction shall be inserted together, back to back, in their logical place in

23

the overall sequence. Each such disputed instruction shall be identified as, for example,

24

“Disputed Instruction No. ____ Re ____________ Offered by _________________,” with

25

the blanks filled in as appropriate. All disputed versions of the same basic instruction shall

26

bear the same number. Any modifications to a form instruction must be plainly identified. If a

27

party does not have a counter version and simply contends that no such instruction in any

28

version should be given, then that party should so state (and explain why) on a separate page

2

1

inserted in lieu of an alternate version. With respect to form preliminary instructions, general

2

instructions, or concluding instructions, please simply cite to the numbers of the requested

3

instructions in the current edition of the Ninth Circuit Model Jury Instructions. Other than

4

citing the numbers, the parties shall not include preliminary, general, or concluding

5

instructions in the packet.
3.

6
7

instructions, if any, organized by instruction number.
4.

8
9

File a separate memorandum of law in support of each party’s disputed

File a joint set of proposed voir dire questions supplemented as necessary

by separate requests.

Northern District of California

5.

File trial briefs on any controlling issues of law.

11
United States District Court

10

6.

File proposed verdict forms, joint or separate.

12

7.

File and serve any objections to exhibits.

13

8.

File a joint simplified Statement of the Case to be read to the jury during

14

voir dire as part of the proposed jury instructions. Unless the case is extremely complex, this

15

statement should not exceed one page.

16

B.

Any motions in limine shall be submitted as follows: at least twenty (20)

17

calendar days before the conference, the moving party shall serve, but not file, the opening

18

brief. At least ten (10) calendar days before the conference, the responding party shall serve

19

the opposition. There will be no reply. When the oppositions are received, the moving party

20

should collate the motion and the opposition together, back-to-back, and then file the paired

21

sets at least seven (7) calendar days before the conference. Each motion should be presented

22

in a separate memorandum and properly identified, for example, “Plaintiff’s Motion in

23

Limine No. 1 to Exclude . . . .” Each party is limited to bringing five motions in limine. The

24

parties are encouraged to stipulate where possible, for example, as to the exclusion of

25

witnesses from the courtroom. Each motion should address a single, separate topic, and

26

contain no more than seven pages of briefing per side.

27
28

C.

Hard-copy courtesy copies of the above documents shall be delivered by

NOON the day after filing. The Joint Proposed Final Pretrial Order, jury instructions, and

3

1

verdict form shall be submitted via e-mail as attachments to [e-mail]. The

2

Court requests that all hard-copy submissions be three-hole-punched.

3

IV.

4

PRETRIAL ARRANGEMENTS
A.

Should a daily transcript and/or real-time reporting be desired, the parties shall

5

make arrangements with Debra Campbell, Supervisor of the Court Reporting Services, at

6

[phone], at least ten (10) calendar days prior to the trial date.

7

B.

During trial, counsel may wish to use overhead projectors, laser-disk/computer

8

graphics, poster blow-ups, models, or specimens of devices. Equipment should be shared by

9

all counsel to the maximum extent possible. The Court provides no equipment other than an

Northern District of California

easel. The United States Marshal requires a court order to allow equipment into the

11
United States District Court

10

courthouse. For electronic equipment, parties should be prepared to maintain the equipment

12

or have a technician handy at all times. The parties shall tape extension cords to the carpet for

13

safety. The parties may work with the deputy clerk, Ada Means (415-522-2015), on all

14

courtroom-layout issues.
SCHEDULING

15
16

Trial will be conducted from 8:30 a.m. to 2:30 or 3:00 p.m., depending on the

17

availability of witnesses, Monday through Friday. Counsel must arrive by 8:15 a.m., or earlier

18

as needed, for any matters to be heard out of the presence of the jury. The jury will be called

19

at 8:30 a.m.

20
21

THE JURY
In civil cases, there are no alternate jurors and the jury is selected as follows:

22

Eighteen to twenty jurors are called to fill the jury box and the row in front of the bar, and are

23

given numbers (1 through 18). The remaining potential jurors will be seated in the public

24

benches. Hardship excuses will usually be considered at this point. The Court will then ask

25

questions of those in the box and in the front of the bar. Counsel may then conduct a limited

26

voir dire. Challenges for cause will then be addressed out of the presence of the potential

27

jurors. The Court will consider whether to fill in the seats of the stricken jurors. If so,

28

questions will be asked of the additional jurors and cause motions as to them will be

4

1

considered. After a short recess, each side may exercise its allotment of peremptory

2

challenges out of the presence of the potential jurors. The eight (or such other size as will

3

constitute the jury) surviving the challenge process with the lowest numbers become the final

4

jury. For example, if the plaintiff strikes 1, 5, and 7 and the defendant strikes 2, 4, and 9, then

5

3, 6, 8, 10, 11, 12, 13, and 14 become the final jury. If more (or fewer) than eight jurors are to

6

be seated, then the starting number will be adjusted. So too if more than a total of six

7

peremptories are allowed. Once the jury selection is completed, the jurors’ names will be read

8

again and they will be seated in the jury box and sworn. The Court may alter this procedure in

9

its discretion and after consultation with the parties.

Northern District of California

WITNESSES

11
United States District Court

10

At the close of each trial day, all counsel shall exchange a list of witnesses for the

12

next two full court days and the exhibits that will be used during direct examination (other

13

than for impeachment of an adverse witness). Within 24 hours of such notice, all other

14

counsel shall provide any objections to such exhibits and shall provide a list of all exhibits to

15

be used with the same witness on cross-examination (other than for impeachment). The first

16

notice shall be exchanged prior to the first day of trial. All such notices shall be provided in

17

writing.
EXHIBITS

18
19

A.

Prior to the Final Pretrial Conference, counsel must meet and confer in person

20

to consider all exhibit numbers and objections and to eliminate duplicate exhibits and

21

confusion over the precise exhibit.

22

B.

Use numbers only, not letters, for exhibits, preferably the same numbers as

23

were used in depositions. Blocks of numbers should be assigned to fit the need of the case

24

(e.g., Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A

25

single exhibit should be marked only once. If the plaintiff has marked an exhibit, then the

26

defendant should not re-mark the exact document with another number. Different versions of

27

the same document, e.g., a copy with additional handwriting, must be treated as different

28

exhibits with different numbers. To avoid any party claiming “ownership” of an exhibit, all

5

1

exhibits shall be marked and referred to as “Trial Exhibit No. _____,” not as “Plaintiff’s

2

Exhibit” or “Defendant’s Exhibit.”

3

C.

The exhibit tag shall be in the following form:

4

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

5
6

TRIAL EXHIBIT 100

7
8

Date Entered _____________

11
Northern District of California

Case No. ________________

10

United States District Court

9

By______________________

12

Deputy Clerk

13
14

Counsel preferably will make the tag up in a color that will stand out (yet still allow for

15

photocopying), but that is not essential. Place the tag on or near the lower right-hand corner

16

or, if a photograph, on the back. Counsel should fill in the tag but leave the last two spaces

17

blank. The parties must jointly prepare a single set of all trial exhibits that will be the official

18

record set to be used with the witnesses and on appeal. Each exhibit must be tagged, three-

19

hole-punched, separated with a label divider identifying the exhibit number, and placed in 3-

20

ring binders. Spine labels should indicate the numbers of the exhibits that are in the binders.

21

Each set of exhibit binders should be marked as “Original.” Deposit the exhibits with the

22

deputy clerk seven (7) days before the Pretrial Conference.

23

D.

Counsel must consult with each other and with the deputy clerk at the end of

24

each trial day and compare notes as to which exhibits are in evidence and any limitations

25

thereon. If there are any differences, counsel should bring them promptly to the Court’s

26

attention.

27

E.

28

In addition to the official record exhibits, two sets of bench binders containing

copies of the exhibits must be provided to the Court seven (7) days before the Pretrial

6

1

Conference, one should be marked as “Chambers Copies” and the other as “Clerk’s Copies.”

2

Each exhibit must be separated with a label divider identifying the exhibit number. (An

3

exhibit tag is unnecessary for the bench set.) Spine labels should indicate the numbers of the

4

exhibits that are in the binders.

5
6
7

F.

Before the closing arguments, counsel must confer with the deputy clerk to

make sure the exhibits in evidence are in good order.
G.

Exhibit notebooks for the jury will not be permitted without prior permission

8

from the Court. Publication must be by poster blow-up, overhead projection, or such other

9

method as is allowed in the circumstances. It is permissible to highlight, circle or underscore

10

in the enlargements as long as it is clear that it was not on the original.
CHARGING CONFERENCE

Northern District of California

United States District Court

11
12

As the trial progresses and the evidence is heard, the Court will fashion a

13

comprehensive set of jury instructions to cover all issues actually being tried. Prior to the

14

close of the evidence, the Court will provide a draft final charge to the parties. After a

15

reasonable period for review, one or more charging conferences will be held at which each

16

party may object to any passage, ask for modifications, or ask for additions. Any instruction

17

request must be renewed specifically at the conference or it will be deemed waived, whether

18

or not it was requested prior to trial. If, however, a party still wishes to request an omitted

19

instruction after reviewing the Court’s draft, then it must affirmatively re-request it at the

20

charging conference in order to give the Court a fair opportunity to correct any error.

21

Otherwise, as stated, the request will be deemed abandoned or waived.

22
23

IT IS SO ORDERED.

24
25

Dated: November 18, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

26
27
28

7