Sowinski v. Wells Fargo Bank, N.A.

Filing 62

STATUS CONFERENCE ORDER. Trial date and schedule set. Signed by Judge Samuel Conti on 07/26/2013. (tmi, COURT STAFF) (Filed on 7/26/2013)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 12 13 14 No. C 11-06431 SC RICHARD SOWINSKI, 11 For the Northern District of California United States District Court 10 Plaintiff, STATUS CONFERENCE ORDER v. WELLS FARGO BANK, N.A., Defendant. / 15 16 IT IS HEREBY ORDERED THAT: 17 (1) This case is set for trial on Monday, 03/17/2014, at 9:30 a.m., or as soon 18 thereafter as the court may designate, all counsel having been advised that they must be 19 prepared to go to trial on a trailing basis. This order shall also apply to all trial 20 continuance dates. 21 (2) All discovery shall be completed and all depositions taken by 01/10/2014. 22 (3) The last hearing date for motions, to be noticed in accordance with Civil 23 Local Rule 7-2, is Friday, 02/07/2014, at 10:00 a.m. Counsel should contact the 24 courtroom deputy clerk for an available date prior to noticing any motions for hearing. 25 (4) All counsel shall meet prior to the pretrial conference to discuss the 26 preparation of a joint pretrial statement and possible settlement of the action. Within 27 one week thereafter, all counsel shall sign and file a written statement briefly 28 summarizing the result of said conference, insofar as possible settlement is concerned. (5) A pretrial conference shall be held before the court on Friday, 03/07/2014, 1 2 at 10:00 a.m. 3 4 (6) Not less than fourteen calendar days prior to the date set for trial, the parties shall: 5 (a) serve and file trial briefs; 6 (b) submit a list of the witnesses, including expert witnesses, they intend the order of presentation, and an estimate of testimony time (both direct and cross), and 9 a brief statement as to the content of the witness' testimony. No witnesses other than 10 those on said list shall be allowed to testify (except upon express order of the court), 11 For the Northern District of California to present and any Daubert challenges (if not presented they will be deemed waived), 8 United States District Court 7 also with reference to expert witnesses, FRCP Rule 26 will be adhered to and applied; 12 (c) serve and file statements designating excerpts from depositions 13 (specifying the witness and page and line references), from interrogatory answers and 14 from responses to requests for admission to be offered at the trial other than for 15 impeachment or rebuttal; 16 (d) exchange copies of all exhibits to be offered and all schedules, 17 summaries, diagrams and charts to be used at the trial other than for impeachment or 18 rebuttal. Upon request, a party shall make the original or the underlying documents of 19 any exhibit available for inspection and copying. Each proposed exhibit shall be pre- 20 marked for identification in a manner clearly distinguishing plaintiff from defendant, 21 and a list of exhibits shall be prepared by each party. 22 (7) (a) If a jury trial has been demanded, the parties shall not less than fourteen 23 days before the date set for trial, e-file with the court, proposed voir dire questions, a 24 complete set of proposed jury instructions and verdict form upon which they have 25 agreed, including all standard instructions regarding the role of jurors, organization of 26 the jury, communication with the court, etc. At the same time, each party shall e-file 27 with the court, all proposed jury instructions upon which any other party does not agree, 28 noting the corresponding instruction, if any, being lodged by the other party. Each 2 1 proposed instruction shall (I) be concise and free from argument; (ii) show the identity 2 of the offering party; (iii) be typewritten in full on separate pages; (iv) be consecutively 3 numbered; and (v) set forth specific citations to supporting authority. 4 (b) If a non-jury trial is requested, each party must submit proposed 5 findings of fact and conclusions of law and form of judgment at least fourteen days 6 before trial. 7 8 (8) Each party shall see to it that all depositions are brought to court on the trial date. upon its own motion, or upon motion of one or more parties made pursuant to Civil 11 For the Northern District of California (9) No provisions of the order may be changed except by order of this court 10 United States District Court 9 Local Rule 7. 12 (10) Failure to strictly comply fully with each and all provisions of this order 13 will be deemed sufficient grounds to impose sanctions, which may include dismissal of 14 the action, dismissal of cross-complaint, dismissal of defenses, or refusal of testimony 15 of witnesses not listed per 6(b) above. 16 17 18 Dated: July 26, 2013 19 20 United States District Judge 21 22 23 24 25 26 27 28 3 1 INSTRUCTIONS FOR EXHIBIT MARKERS, EXHIBIT LIST, AND TRANSCRIPTS 2 3 4 5 6 EXHIBIT MARKERS Counsel should fill in the appropriate markers leaving the "Date Entered" and "Deputy Clerk" lines blank. Plaintiff's exhibits should be denoted as: 1, 2, 3, etc. Defendant's exhibits should be denoted as: A, B, C, etc. 7 8 9 EXHIBIT LIST Counsel are to supply all the requested information with the exception of the two "Date Boxes." COLOR OF EXHIBIT BINDERS 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 Plaintiff's exhibit binders must be black and Defendant's exhibit binders must be blue. TRANSCRIPTS Should a daily transcript and/or realtime reporting be desired, arrangements must be made with the Courtroom Deputy at least fourteen (14) days before the scheduled trial date. 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 CASE NO. DATE 5 v. 6 EXHIBIT LIST 7 ( ) Plaintiff ( ) Defendant 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 EXHIBIT NUMBER MARKED ADMITTED DESCRIPTION OF EXHIBIT 1 2 Case No. PLTF Exhibit No. Case No. 1 DEFT Exhibit No. 3 Date Entered Date Entered 4 Signature Signature 6 Case No. Case No. 7 PLTF Exhibit No. A 5 2 DEFT Exhibit No. Date Entered Date Entered Signature Signature 10 Case No. Case No. 11 PLTF Exhibit No. 12 Date Entered Date Entered 13 Signature Signature Case No. B Case No. 8 For the Northern District of California United States District Court 9 14 3 DEFT Exhibit No. 15 PLTF Exhibit No. 16 Date Entered Date Entered 17 Signature Signature Case No. C Case No. 4 DEFT Exhibit No. D 18 19 20 PLTF Exhibit No. 5 DEFT Exhibit No. Date Entered Date Entered Signature Signature 23 Case No. Case No. 24 PLTF Exhibit No. 25 Date Entered Date Entered Signature Signature E 21 22 26 27 28 6 DEFT Exhibit No. F

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