Rodman v. Safeway, Inc.

Filing 373

ORDER re 371 Letter filed by Michael Rodman. Signed by Judge Jon S. Tigar on 10/01/2015. (jstlc2, COURT STAFF) (Filed on 10/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL RODMAN,

Case No. 11-cv-03003-JST

Plaintiff,
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ORDER CONTINUING TRIAL DATE

v.

Re: ECF No. 371

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SAFEWAY INC.,
Defendant.

United States District Court
Northern District of California

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On September 30, 2015, the Court held a telephonic case management conference at which

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the parties informed the Court that Defendant had produced ten potentially highly relevant

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documents just seven days before jury selection was scheduled to begin in this case. ECF No.

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370. The Court then ordered the parties to file a joint letter brief outlining the disputes that needed

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to be resolved regarding the newly produced documents in advance of the scheduled October 7,

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2015 trial date. Id. On October 1, 2015, the parties filed a joint letter brief, which the Court has

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reviewed. ECF No. 371. Having carefully considered the arguments made by both sides, the

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Court now rules as follows:

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With trial only three business days away, it is not realistic or fair to expect Safeway

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simultaneously to prepare for trial and respond to Plaintiff’s inquiries regarding the late-produced

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documents. Plaintiff’s proposed schedule also leaves no time for the Court to rule on the disputes

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that will almost certainly arise after the parties have conducted additional discovery in the coming

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days. For example, it seems certain that the parties will dispute the admissibility of documents

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and testimony, but those disputes have not yet been identified. Also, the parties anticipate that

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there will need to be additional jury instructions, but those have not yet been drafted. There will

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need to be a further pretrial conference.

Accordingly, jury selection is continued to December 7, 2015 at 8:30 a.m. The Court will

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conduct a further pretrial conference on November 30, 2015 at 9:00 a.m. This schedule will

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enable the jurors to complete their service within the same week.1
The parties are ordered to submit a proposed schedule for the submission of additional jury

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instructions, motions in limine, and other items requiring pretrial relief by October 8, 2015. The

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parties’ proposed schedule should allow the Court to carefully review the parties’ submissions in

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advance of November 30, giving due regard to the Thanksgiving holiday.
The Court will issue a separate order shortly addressing the remaining disputes raised by

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the Parties in their joint letter brief.
IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: October 1, 2015
______________________________________
JON S. TIGAR
United States District Judge

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The Court will be at a Ninth Circuit committee meeting on December 3 and 4.
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