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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 CAREER SYSTEMS DEVELOPMENT CORPORATION, 12 Plaintiff(s), 13 v. 14 15 AMERICAN HOME ASSURANCE COMPANY, 16 Defendant(s). 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 10-2679 BZ ORDER SCHEDULING JURY TRIAL AND PRETRIAL MATTERS Following the status conference on November 1, 2011, IT 19 IS HEREBY ORDERED as follows: 20 1. 21 Trial Date: Monday, April 30, 2012, 5 days 22 Pretrial Conference: Tuesday, 04/10/2012, 4:00 p.m. 23 Last Day to Hear Dispositive Motions: Wednesday, 2/15/2012 24 Last Day for Expert Discovery: Friday, 1/20/2012 25 Last Day for Rebuttal Expert Disclosure: Friday, 1/6/2012 26 Last Day for Expert Disclosure: Friday, 12/16/2011 27 Close of Non-expert Discovery: Friday, 12/09/2011 DATES 28 1 1 2. 2 DISCLOSURE AND DISCOVERY The parties are reminded that a failure to voluntarily 3 disclose information pursuant to Federal Rule of Civil 4 Procedure 26(a) or to supplement disclosures or discovery 5 responses pursuant to Rule 26(e) may result in exclusionary 6 sanctions. 7 discovery, lead counsel for each party shall serve and file a 8 certification that all supplementation has been completed. Thirty days prior to the close of non-expert 9 In the event a discovery dispute arises, lead counsel for 10 each party shall meet in person or, if counsel are outside the 11 Bay Area, by telephone and make a good faith effort to resolve 12 their dispute. 13 the dispute is insufficient. 14 subsequent positioning letters; parties shall instead make a 15 contemporaneous record of their meeting using a tape recorder 16 or a court reporter. 17 Exchanging letters or telephone messages about The Court does not read In the event they cannot resolve their dispute, the 18 parties must participate in a telephone conference with the 19 Court before filing any discovery motions or other papers. 20 The party seeking discovery shall request a conference in a 21 letter filed electronically not exceeding two pages (with no 22 attachments) which briefly explains the nature of the action 23 and the issues in dispute. 24 similar fashion within two days of receiving the letter 25 requesting the conference. 26 to schedule the conference. 27 3. 28 Other parties shall reply in The Court will contact the parties MOTIONS Consult Civil Local Rules 7-1 through 7-5 and this 2 1 Court’s standing orders regarding motion practice. 2 for summary judgment shall be accompanied by a statement of 3 the material facts not in dispute supported by citations to 4 admissible evidence. 5 of undisputed facts where possible. 6 to reach complete agreement after meeting and conferring, they 7 shall file a joint statement of the undisputed facts about 8 which they do agree. 9 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 10 undisputed. 11 contends that a fact is in dispute is subject to sanctions. A party who without substantial justification 12 In addition to lodging a Chambers copy of all papers, a 13 Chambers copy of all briefs shall be e-mailed in WordPerfect 14 or Word format to the following address: 15 16 4. 17 SETTLEMENT CONFERENCE By agreement of the parties, this matter is referred to 18 the Honorable Laurel Beeler for an early settlement 19 conference. 20 chambers to schedule a date for the conference. 21 5. 22 The parties shall promptly contact Judge Beeler’s PRETRIAL CONFERENCE Not less than thirty days prior to the date of the 23 pretrial conference, the parties shall meet and take all steps 24 necessary to fulfill the requirements of this Order. 25 Not less than twenty-one days prior to the pretrial 26 conference, the parties shall: (1) serve and file a joint 27 pretrial statement, containing the information listed in 28 Attachment 1, and a proposed pretrial order; (2) serve and 3 1 file trial briefs, Daubert motions, proposed findings of fact 2 and conclusions of law, and statements designating excerpts 3 from discovery that will be offered at trial (specifying the 4 witness and page and line references); (3) exchange exhibits, 5 agree on and number a joint set of exhibits and number 6 separately those exhibits to which the parties cannot agree; 7 (4) deliver all marked trial exhibits directly to chambers, 8 attn: Rose Maher; (5) deliver one extra set of all marked 9 exhibits directly to Chambers; and (6) submit all exhibits in 10 three-ring binders. 11 exhibit label as contained in Attachment 2. 12 shall also be separated with correctly marked side tabs so 13 that they are easy to find. 14 Each exhibit shall be marked with an The exhibits No party shall be permitted to call any witness or offer 15 any exhibit in its case in chief that is not disclosed at 16 pretrial, without leave of Court and for good cause. 17 Lead trial counsel for each party shall meet and confer 18 in an effort to resolve all disputes regarding anticipated 19 testimony, witnesses and exhibits. 20 prior to the pretrial conference, the parties shall serve and 21 file any objections to witnesses or exhibits or to the 22 qualifications of an expert witness, and any oppositions to 23 Daubert motions. 24 Not less than eleven days There shall be no replies. A copy of all pretrial submissions, except for exhibits, 25 shall be e-mailed in WordPerfect or Word format to the 26 following address: 27 28 At the time of filing the original with the Clerk's Office, two copies of all documents (but only one copy of 4 1 the exhibits) shall be delivered directly to Chambers (Room 2 15-6688). 3 be three-hole punched at the side, suitable for insertion 4 into standard, three-ring binders. 5 Dated: November 2, 2011 Chambers’ copies of all pretrial documents shall 6 7 Bernard Zimmerman United States Magistrate Judge 8 G:\BZALL\-BZCASES\CAREER SYSTEMS V. AMERICAN HOME\PRETRIAL SCHEDULING ORDER.wpd 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 1 2 ATTACHMENT 1 The parties shall file a joint pretrial conference statement containing the following information: 3 (1) The Action. 4 (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. 5 6 7 8 9 10 11 12 13 14 (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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) Trial Preparation. A brief description of the efforts the parties have made to resolve disputes over anticipated testimony, 6 1 exhibits and witnesses. 2 (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. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (4) Trial Alternatives and Options. 23 (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 24 25 26 27 28 7 parties, claims or defenses. 1 2 3 4 5 6 7 (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. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 ATTACHMENT 2 1 3 USDC Case No. CV09-01816 BZ JOINT Exhibit No. USDC Case No. CV09-01816 BZ JOINT Exhibit No. 4 Date Entered Date Entered 5 Signature Signature 6 7 USDC Case No. CV09-01816 BZ JOINT Exhibit No. USDC Case No. CV09-01816 BZ JOINT Exhibit No. 8 Date Entered Date Entered 9 Signature Signature 12 USDC Case No. CV09-01816 BZ PLNTF Exhibit No. USDC Case No. CV09-01816 BZ PLNTF Exhibit No. 13 Date Entered Date Entered 14 Signature Signature 15 16 USDC Case No. CV09-01816 BZ PLNTF Exhibit No. USDC Case No. CV09-01816 BZ PLNTF Exhibit No. 17 Date Entered Date Entered 18 Signature Signature 21 USDC Case No. CV09-01816 BZ DEFT Exhibit No. USDC Case No. CV09-01816 BZ DEFT Exhibit No. 22 Date Entered Date Entered 23 Signature Signature 24 25 USDC Case No. CV09-01816 BZ DEFT Exhibit No. USDC Case No. CV09-01816 BZ DEFT Exhibit No. 26 Date Entered Date Entered 27 Signature Signature 2 10 11 19 20 28 9

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