Diaz v. Zodiac Maritime Agencies Ltd

Filing 35

ORDER MODIFYING CASE SCHEDULE Preliminary Pretrial Conference Statement due by 9/2/2011. Discovery due by 10/14/2011. Motion Hearing set for 12/5/2011 09:00 AM before Hon. James Ware. Preliminary Pretrial Conference set for 9/12/2011 11:00 AM before Hon. James Ware. Signed by Judge James Ware on 6/10/11. (sis, COURT STAFF) (Filed on 6/10/2011)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION
NO. C 09-05747 JW

David Diaz,

11

ORDER MODIFYING CASE SCHEDULE

Plaintiff,
v.

For the Northern District of California

United States District Court

10

12
Zodiac Maritime Agencies Ltd., et al.,
13
Defendants.
14
15

/
Pursuant to the Reassignment Order, the parties have conferred and duly submitted a Joint

16

Status Statement. (See Docket Item No. 34.) Based on their joint submission and in light of the

17

reassignment, the Court modifies the Case Schedule to coincide with the Court’s calendar as

18

follows:

19

CASE SCHEDULE

20

Close of All Discovery (¶ 9)

October 14, 2011

21

Last Date for Hearing Dispositive Motions (¶ 10)
(.60 days after the Close of All Discovery)

December 5, 2011 at 9 a.m.

Preliminary Pretrial Conference (¶ 12)
(.30 days before the Close of All Discovery)

September 12, 2011 at 11 a.m.

23
24

Preliminary Pretrial Conference Statements (¶ 11)
(Due 10 days before conference)

September 2, 2011

22

25
26
27
28

None of the dates set in this Order may be changed without an order of the Court made after
a motion is filed pursuant to the Civil Local Rules of Court.

1

Standing Order to Lodge Printed Copy of "ECF" Papers

2

1.

In all cases, including cases covered by the Electronic Case Filing System of

3

the Court "ECF," when filing papers in connection with any motion or any pretrial conference, in

4

addition to filing the paper electronically, the filing parties shall lodge with the Clerk's Office a

5

printed copy of the papers, in an envelop clearly marked "Chamber's Copy – Lodged for the

6

Chambers of Judge James Ware." The "Chamber's Copy" envelop must state the case name and case

7

number and be delivered on or before the close of the next court day following the day the papers

8

are filed electronically. See Standing Order Regarding Case Management in Civil Cases.

9

Compliance with Discovery Plan and Reference to Magistrate Judge
2.

The parties are ordered to comply with the discovery plan as set forth in the

11
For the Northern District of California

United States District Court

10

Case Schedule. Any disputes with respect to the implementation of the discovery plan and all

12

disclosure or discovery disputes are referred to the assigned Magistrate Judge. In addition, any

13

disputes pertaining to service or joinder of parties or claims are referred to the assigned Magistrate

14

Judge.

15
16

Document Management During Pretrial Discovery and Electronic Evidence Presentation
3.

This Court has available a digital and video electronic evidence presentation

17

system. Before commencement of pretrial discovery, the parties are ordered to familiarize

18

themselves with the system, and to meet and confer about whether the case will involve voluminous

19

documentary. If so, as the parties identify documentary material which is likely to be used as trial

20

exhibits, the parties are ordered to electronically store these materials in a fashion which will

21

facilitate displaying them electronically during the trial. The parties are reminded that Civil L.R. 30-

22

2(b) requires sequential numbering of exhibits during depositions and that numbering must be

23

maintained for those exhibits throughout the litigation. Each proposed exhibit shall be pre-marked

24

for identification. All exhibits shall be marked with numerals. The parties shall meet and confer on

25

a division which will avoid duplication (e.g., Plaintiff: 1-99,000; Defendant #1: 100,000-299,999;

26

Defendant #2: 300,000-500,000).

27
28

2

1
2

Disclosure of Expert Witnesses
4.

Any party wishing to present expert witness testimony with respect to a

3

claim or a defense shall lodge with the Court and serve on all other parties the name, address,

4

qualifications, résumé and a written report which complies with Fed. R. Civ. P. 26(a)(2)(B) 63 days

5

before close of discovery. Expert witness disclosure must be made with respect to a person who is

6

either (a) specially retained or specially employed to provide expert testimony pursuant to

7

Fed.R.Evid. 702 or (b) a regular employee or agent or treating physician who may be called to

8

provide expert opinion testimony.

9

11
For the Northern District of California

United States District Court

10

5.

The parties are also required to lodge any supplemental reports to which any

expert will testify at trial in accordance with Fed. R. Civ. P. 26(a)(2)(B).
6.

Any party objecting to the qualifications or proposed testimony of an expert

12

must file, serve and notice a motion to exclude the expert or any portion of the expert's testimony in

13

writing in accordance with Civil Local Rule 7-2, for hearing no later than 42 DAYS AFTER BOTH

14

EXPERT AND REBUTTAL EXPERT DISCLOSURES ON A MONDAY (LAW AND

15

MOTION DAY) at 9:00 a.m. and preferably before or on the same day as the discovery cutoff

16

date at 9:00 a.m.

17
18

Rebuttal Expert Witnesses
7.

If the testimony of the expert is intended solely to contradict or rebut opinion

19

testimony on the same subject matter identified by another party, the party proffering a rebuttal

20

expert shall make the disclosures required by Fed. R. Civ. P. 26(a)(2)(B), no later than 49 days

21

prior to discovery cutoff.
Limitation on Testimony by Expert Witnesses

22
23

8.

Unless the parties enter into a written stipulation otherwise, upon timely

24

objection, an expert witness shall be precluded from testifying about any actions or opinions not

25

disclosed prior to the expert’s deposition. This is to ensure that all factual material upon which

26

expert opinion may be based and all tests and reports are completed prior to the expert deposition.

27
28

3

1

Unless application is made prior to the close of expert discovery, each party will be limited to

2

calling only one expert witness in each discipline involved in the case.

3
4

Close of Discovery
9.

Pursuant to Civil L.R. 26-2, all discovery, including supplemental

5

disclosure, depositions of fact witness and expert witnesses, must be completed on or before the

6

deadline set forth in the Case Schedule above.

7
8
9

11
For the Northern District of California

United States District Court

10

Last date for Hearing Dispositive Motions
10.

The last day for hearing dispositive motions is set forth in the Case Schedule

above. Any motions must be noticed in accordance with the Civil Local Rules of this Court.
Preliminary Pretrial and Trial Setting Conference Statement and Proposed Order
11.

The attorneys who will try the case are ordered to confer with one another

12

and to file and lodge with Chambers on or before the deadline set forth in the Case Schedule above a

13

Preliminary Pretrial and Trial Setting Conference Statement and Proposed Order, stating their

14

readiness for trial, the amount of time which the Court should allocate for trial and the calendar

15

period for the trial.

16

12.

17
18

The attorneys who will try the case are ordered to appear on the date set in

the Case Schedule at 11:00 a.m. for a Preliminary Pretrial and Trial Setting Conference.
13.

With respect to the time allocation for trial, at the Preliminary Pretrial and

19

Trial Setting Conference trial counsel will be asked to stipulate to a time allocation to each side for

20

the trial of the case. Once a stipulated allocation has been entered, the parties must plan their

21

presentations to conform to the stipulated time allocation.

22
23
24

Dated: June 10, 2011
JAMES WARE
United States District Chief Judge

25
26
27
28

4

1

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

2

Brian Elmar Kerss [e-mail]
Forrest Richard Cogswell [e-mail]
Patrick Brennen Streb [e-mail]
William Nelson Brooks [e-mail]

3
4
5
6

Dated: June 10, 2011

Richard W. Wieking, Clerk

7
By:
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

/s/ JW Chambers
Susan Imbriani
Courtroom Deputy