Ho v. Toyota Motor Sales, U.S.A., Inc.

Filing 50

STATUS CONFERENCE ORDER. Signed by Judge Samuel Conti on 04/29/2013. (tmi, COURT STAFF) (Filed on 4/29/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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MUI HO,
Plaintiff,

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No. C 12-02672 SC

v.

STATUS CONFERENCE ORDER

TOYOTA MOTOR SALES USA INC,
Defendant.
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IT IS HEREBY ORDERED THAT:

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(1) This case is set for trial on 04/07/2014, at 9:30 a.m., or as soon thereafter as the

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court may designate, all counsel having been advised that they must be prepared to go to trial

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on a trailing basis. This order shall also apply to all trial continuance dates.

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(2) All discovery shall be completed and all depositions taken by 02/07/2014.

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(3) The last hearing date for motions, to be noticed in accordance with Civil Local

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Rule 7-2, is 03/07/2014, at 10:00 a.m. Counsel should contact the courtroom deputy clerk for

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an available date prior to noticing any motions for hearing.

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(4) All counsel shall meet prior to the pretrial conference to discuss the preparation of

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a joint pretrial statement and possible settlement of the action. Within one week thereafter, all

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counsel shall sign and file a written statement briefly summarizing the result of said

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conference, insofar as possible settlement is concerned.

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(5) A pretrial conference shall be held before the court on 03/21/2014, at 10:00 a.m.
(6) Not less than fourteen calendar days prior to the date set for trial, the parties shall:

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(a) serve and file trial briefs;

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(b) submit a list of the witnesses, including expert witnesses, they intend to

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present and any Daubert challenges (if not presented they will be deemed waived), the order of

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presentation, and an estimate of testimony time (both direct and cross), and a brief statement as

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to the content of the witness' testimony. No witnesses other than those on said list shall be

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allowed to testify (except upon express order of the court), also with reference to expert

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witnesses, FRCP Rule 26 will be adhered to and applied;
(c) serve and file statements designating excerpts from depositions (specifying

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United States District Court
For the Northern District of California

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the witness and page and line references), from interrogatory answers and from responses to
requests for admission to be offered at the trial other than for impeachment or rebuttal;
(d) exchange copies of all exhibits to be offered and all schedules, summaries,

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diagrams and charts to be used at the trial other than for impeachment or rebuttal. Upon

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request, a party shall make the original or the underlying documents of any exhibit available

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for inspection and copying. Each proposed exhibit shall be pre-marked for identification in a

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manner clearly distinguishing plaintiff from defendant, and a list of exhibits shall be prepared

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by each party.

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(7) (a) If a jury trial has been demanded, the parties shall not less than fourteen days

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before the date set for trial, e-file with the court, proposed voir dire questions, a complete set of

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proposed jury instructions and verdict form upon which they have agreed, including all

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standard instructions regarding the role of jurors, organization of the jury, communication with

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the court, etc. At the same time, each party shall e-file with the court, all proposed jury

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instructions upon which any other party does not agree, noting the corresponding instruction, if

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any, being lodged by the other party. Each proposed instruction shall (I) be concise and free

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from argument; (ii) show the identity of the offering party; (iii) be typewritten in full on

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separate pages; (iv) be consecutively numbered; and (v) set forth specific citations to

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supporting authority.

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(b) If a non-jury trial is requested, each party must submit proposed findings
of fact and conclusions of law and form of judgment at least fourteen days before trial.
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(8) Each party shall see to it that all depositions are brought to court on the trial date.

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(9) No provisions of the order may be changed except by order of this court upon its

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own motion, or upon motion of one or more parties made pursuant to Civil Local Rule 7.
(10) Failure to strictly comply fully with each and all provisions of this order will be

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deemed sufficient grounds to impose sanctions, which may include dismissal of the action,

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dismissal of cross-complaint, dismissal of defenses, or refusal of testimony of witnesses not

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listed per 6(b) above.

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United States District Court
For the Northern District of California

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Dated: April 29, 2013

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United States District Judge
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INSTRUCTIONS FOR COMPLETING EXHIBIT MARKERS AND EXHIBIT LIST
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EXHIBIT MARKERS

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Counsel should fill in the appropriate markers leaving the "Date Entered" and "Deputy
Clerk" lines blank.

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Plaintiff's exhibits should be denoted as: 1, 2, 3, etc. Defendant's exhibits should be
denoted as: A, B, C, etc.

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EXHIBIT LIST
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Counsel are to supply all the requested information with the exception of the two "Date
Boxes."

United States District Court
For the Northern District of California

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COLOR OF EXHIBIT BINDERS
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Plaintiff's exhibit binders must be black and Defendant's exhibit binders must be blue.
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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
PLAINTIFF Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
DEFENDANT Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
PLAINTIFF Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
DEFENDANT Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
PLAINTIFF Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
DEFENDANT Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
PLAINTIFF Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
DEFENDANT Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
PLAINTIFF Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
DEFENDANT Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
PLAINTIFF Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.
DEFENDANT Exhibit No.
Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO.

DATE
vs.

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EXHIBIT LIST

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( ) PLAINTIFF

( ) DEFENDANT

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United States District Court
For the Northern District of California

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EXHIBIT
NUMBER

MARKED

ADMITTED

DESCRIPTION