Career Systems Development Corporation v. American Home Assurance Company

Filing 70

ORDER SCHEDULING JURY TRIAL AND PRETRIAL MATTERS. Signed by Magistrate Judge Bernard Zimmerman on 11/2/2011. (bzsec, COURT STAFF) (Filed on 11/2/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CAREER SYSTEMS DEVELOPMENT
CORPORATION,

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Plaintiff(s),
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v.
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AMERICAN HOME ASSURANCE
COMPANY,

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Defendant(s).

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No. C 10-2679 BZ
ORDER SCHEDULING
JURY TRIAL AND
PRETRIAL MATTERS

Following the status conference on November 1, 2011, IT

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IS HEREBY ORDERED as follows:

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1.

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Trial Date: Monday, April 30, 2012, 5 days

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Pretrial Conference: Tuesday, 04/10/2012, 4:00 p.m.

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Last Day to Hear Dispositive Motions: Wednesday, 2/15/2012

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Last Day for Expert Discovery: Friday, 1/20/2012

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Last Day for Rebuttal Expert Disclosure: Friday, 1/6/2012

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Last Day for Expert Disclosure: Friday, 12/16/2011

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Close of Non-expert Discovery: Friday, 12/09/2011

DATES

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DISCLOSURE AND DISCOVERY
The parties are reminded that a failure to voluntarily

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disclose information pursuant to Federal Rule of Civil

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Procedure 26(a) or to supplement disclosures or discovery

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responses pursuant to Rule 26(e) may result in exclusionary

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sanctions.

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discovery, lead counsel for each party shall serve and file a

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certification that all supplementation has been completed.

Thirty days prior to the close of non-expert

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In the event a discovery dispute arises, lead counsel for

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each party shall meet in person or, if counsel are outside the

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Bay Area, by telephone and make a good faith effort to resolve

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their dispute.

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the dispute is insufficient.

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subsequent positioning letters; parties shall instead make a

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contemporaneous record of their meeting using a tape recorder

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or a court reporter.

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Exchanging letters or telephone messages about
The Court does not read

In the event they cannot resolve their dispute, the

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parties must participate in a telephone conference with the

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Court before filing any discovery motions or other papers.

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The party seeking discovery shall request a conference in a

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letter filed electronically not exceeding two pages (with no

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attachments) which briefly explains the nature of the action

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and the issues in dispute.

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similar fashion within two days of receiving the letter

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requesting the conference.

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to schedule the conference.

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3.

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Other parties shall reply in

The Court will contact the parties

MOTIONS
Consult Civil Local Rules 7-1 through 7-5 and this
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Court’s standing orders regarding motion practice.

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for summary judgment shall be accompanied by a statement of

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the material facts not in dispute supported by citations to

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admissible evidence.

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of undisputed facts where possible.

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to reach complete agreement after meeting and conferring, they

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shall file a joint statement of the undisputed facts about

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which they do agree.

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statement of the additional facts that the party contends are

Motions

The parties shall file a joint statement
If the parties are unable

Any party may then file a separate

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undisputed.

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contends that a fact is in dispute is subject to sanctions.

A party who without substantial justification

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In addition to lodging a Chambers copy of all papers, a

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Chambers copy of all briefs shall be e-mailed in WordPerfect

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or Word format to the following address:

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[e-mail].

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4.

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SETTLEMENT CONFERENCE
By agreement of the parties, this matter is referred to

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the Honorable Laurel Beeler for an early settlement

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conference.

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chambers to schedule a date for the conference.

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5.

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The parties shall promptly contact Judge Beeler’s

PRETRIAL CONFERENCE
Not less than thirty days prior to the date of the

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pretrial conference, the parties shall meet and take all steps

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necessary to fulfill the requirements of this Order.

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Not less than twenty-one days prior to the pretrial

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conference, the parties shall: (1) serve and file a joint

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pretrial statement, containing the information listed in

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Attachment 1, and a proposed pretrial order; (2) serve and
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file trial briefs, Daubert motions, proposed findings of fact

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and conclusions of law, and statements designating excerpts

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from discovery that will be offered at trial (specifying the

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witness and page and line references); (3) exchange exhibits,

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agree on and number a joint set of exhibits and number

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separately those exhibits to which the parties cannot agree;

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(4) deliver all marked trial exhibits directly to chambers,

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attn: Rose Maher; (5) deliver one extra set of all marked

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exhibits directly to Chambers; and (6) submit all exhibits in

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three-ring binders.

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exhibit label as contained in Attachment 2.

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shall also be separated with correctly marked side tabs so

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that they are easy to find.

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Each exhibit shall be marked with an
The exhibits

No party shall be permitted to call any witness or offer

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any exhibit in its case in chief that is not disclosed at

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pretrial, without leave of Court and for good cause.

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Lead trial counsel for each party shall meet and confer

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in an effort to resolve all disputes regarding anticipated

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testimony, witnesses and exhibits.

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prior to the pretrial conference, the parties shall serve and

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file any objections to witnesses or exhibits or to the

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qualifications of an expert witness, and any oppositions to

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Daubert motions.

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Not less than eleven days

There shall be no replies.

A copy of all pretrial submissions, except for exhibits,

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shall be e-mailed in WordPerfect or Word format to the

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following address: [e-mail]

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At the time of filing the original with the Clerk's
Office, two copies of all documents (but only one copy of
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the exhibits) shall be delivered directly to Chambers (Room

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15-6688).

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be three-hole punched at the side, suitable for insertion

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into standard, three-ring binders.

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Dated: November 2, 2011

Chambers’ copies of all pretrial documents shall

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Bernard Zimmerman
United States Magistrate Judge

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G:\BZALL\-BZCASES\CAREER SYSTEMS V. AMERICAN HOME\PRETRIAL SCHEDULING ORDER.wpd

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ATTACHMENT 1
The parties shall file a joint pretrial conference
statement containing the following information:

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(1) The Action.
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(A)

Substance of the Action. A
brief description of the
substance of claims and
defenses which remain to be
decided.

(B)

Relief Prayed. A detailed
statement of each party's
position on the relief
claimed, particularly
itemizing all elements of
damages claimed as well as
witnesses, documents or other
evidentiary material to be
presented concerning the
amount of those damages.

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(2) The Factual Basis of the Action.
(A)

Undisputed Facts. A plain and
concise statement of all
relevant facts not reasonably
disputable, as well as which
facts parties will stipulate
for incorporation into the
trial record without the
necessity of supporting
testimony or exhibits.

(B)

Disputed Factual Issues. A
plain and concise statement of
all disputed factual issues
which remain to be decided.

(C)

Agreed Statement. A statement
assessing whether all or part
of the action may be presented
upon an agreed statement of
facts.

(D)

Stipulations. A statement of
stipulations requested or
proposed for pretrial or trial
purposes.

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(3) Trial Preparation.
A brief description of the efforts the parties have
made to resolve disputes over anticipated testimony,
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exhibits and witnesses.

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(A)

Witnesses to be Called. In
lieu of FRCP 26(a)(3)(A), a
list of all witnesses likely
to be called at trial, other
than solely for impeachment or
rebuttal, together with a
brief statement following each
name describing the substance
of the testimony to be given.

(B)

Estimate of Trial Time. An
estimate of the number of
court days needed for the
presentation of each party's
case, indicating possible
reductions in time through
proposed stipulations, agreed
statements of facts, or
expedited means of presenting
testimony and exhibits.

(C)

Use of Discovery Responses. In
lieu of FRCP 26(a)(3)(B), cite
possible presentation at trial
of evidence, other than solely
for impeachment or rebuttal,
through use of excerpts from
depositions, from
interrogatory answers, or from
responses to requests for
admission. Counsel shall
state any objections to use of
these materials and that
counsel has conferred
respecting such objections.

(D)

Further Discovery or Motions.
A statement of all remaining
motions, including Daubert
motions.

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(4) Trial Alternatives and Options.
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(A)

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

(B)

Amendments, Dismissals. A
statement of requested or
proposed amendments to
pleadings or dismissals of

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parties, claims or defenses.

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(C)

Bifurcation, Separate Trial of
Issues. A statement of whether
bifurcation or a separate
trial of specific issues is
feasible and desired.

(5) Miscellaneous.
Any other subjects relevant to the trial of the action,
or material to its just, speedy and inexpensive
determination.

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ATTACHMENT 2

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USDC
Case No. CV09-01816 BZ
JOINT Exhibit No.

USDC
Case No. CV09-01816 BZ
JOINT Exhibit No.

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Date Entered

Date Entered

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Signature

Signature

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USDC
Case No. CV09-01816 BZ
JOINT Exhibit No.

USDC
Case No. CV09-01816 BZ
JOINT Exhibit No.

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Date Entered

Date Entered

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Signature

Signature

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USDC
Case No. CV09-01816 BZ
PLNTF Exhibit No.

USDC
Case No. CV09-01816 BZ
PLNTF Exhibit No.

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Date Entered

Date Entered

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Signature

Signature

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USDC
Case No. CV09-01816 BZ
PLNTF Exhibit No.

USDC
Case No. CV09-01816 BZ
PLNTF Exhibit No.

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Date Entered

Date Entered

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Signature

Signature

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USDC
Case No. CV09-01816 BZ
DEFT Exhibit No.

USDC
Case No. CV09-01816 BZ
DEFT Exhibit No.

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Date Entered

Date Entered

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Signature

Signature

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USDC
Case No. CV09-01816 BZ
DEFT Exhibit No.

USDC
Case No. CV09-01816 BZ
DEFT Exhibit No.

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Date Entered

Date Entered

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Signature

Signature

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