Burns v. Kao U.S.A., Inc.
Filing
35
PRETRIAL ORDER. Signed by Magistrate Judge Jacqueline Scott Corley on 3/29/2013. (ahm, COURT STAFF) (Filed on 3/29/2013)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
10
J’LYSHAE BURNS,
Northern District of California
United States District Court
11
Plaintiff,
12
Case No.: 12-cv-3261 JSC
PRETRIAL ORDER
v.
13
14
KAO U.S.A., INC.,
15
Defendant.
16
17
18
19
20
21
22
23
24
25
26
27
28
Following the Case Management Conference held on March 28, 2013, IT IS HEREBY
ORDERED THAT:
I.
CASE MANAGEMENT SCHEDULE
Deadline to amend pleadings:
May 8, 2013
Fact and class certification discovery cut-off:
August 30, 2013
Deadline for hearing class certification motion:
December 5, 2013
Plaintiff’s expert disclosure deadline:
December 12, 2013
Defendant’s expert disclosure deadline:
January 13, 2014
Expert report and rebuttal expert deadline:
February 13, 2014
Expert discovery cut-off:
March 31, 2014
Deadline to file dispositive motions:
May 5, 2014
1
II.
A.
2
3
6
7
8
9
10
Jury trial will begin on September 8, 2014 at 8:30 a.m., in Courtroom F, 15th
Floor, U.S. District Court, 450 Golden Gate, San Francisco, California.
B.
4
5
TRIAL DATE
III.
The Court is expecting the length of the trial to not exceed one week.
PRETRIAL CONFERENCE
A Final Pretrial Conference shall be held on August 14, 2014, at 2:00 p.m., in
Courtroom F, 15th Floor. Lead trial counsel for each party shall attend.
A.
At least seven days prior to date of the Final Pretrial Conference the parties
shall do the following:
1.
In lieu of preparing a Joint Pretrial Conference Statement, the parties
Northern District of California
United States District Court
11
shall meet and confer in person, and then prepare and file a jointly signed Proposed Final
12
Pretrial Order that contains: (a) a brief description of the substance of claims and defenses
13
which remain to be decided; (b) a statement of all relief sought; (c) all stipulated facts; (d) a
14
joint exhibit list in numerical order, including a brief description of the exhibit and Bates
15
numbers, a blank column for when it will be offered into evidence, a blank column for when
16
it may be received into evidence, and a blank column for any limitations on its use; and (e)
17
each party’s separate witness list for its case-in-chief witnesses (including those appearing by
18
deposition), including, for all such witnesses (other than party plaintiffs or defendants), a
19
short statement of the substance of his/her testimony and, separately, what, if any, non-
20
cumulative testimony the witness will offer. For each witness, state an hour/minute time
21
estimate for the direct examination (only). Items (d) and (e) should be submitted as
22
appendices to the proposed order. The proposed order should also state which issues, if any,
23
are for the Court to decide, rather than the jury.
24
2.
File a joint set of proposed instructions on substantive issues of law
25
arranged in a logical sequence. If undisputed, an instruction shall be identified as “Stipulated
26
Instruction No. ____ Re ___________,” with the blanks filled in as appropriate. If disputed,
27
each version of the instruction shall be inserted together, back to back, in their logical place in
28
the overall sequence. Each such disputed instruction shall be identified as, for example,
2
1
“Disputed Instruction No. ____ Re ____________ Offered by _________________,” with
2
the blanks filled in as appropriate. All disputed versions of the same basic instruction shall
3
bear the same number. Any modifications to a form instruction must be plainly identified. If a
4
party does not have a counter version and simply contends that no such instruction in any
5
version should be given, then that party should so state (and explain why) on a separate page
6
inserted in lieu of an alternate version. With respect to form preliminary instructions, general
7
instructions, or concluding instructions, please simply cite to the numbers of the requested
8
instructions in the current edition of the Ninth Circuit Model Jury Instructions. Other than
9
citing the numbers, the parties shall not include preliminary, general, or concluding
10
instructions in the packet.
3.
Northern District of California
United States District Court
11
12
instructions, if any, organized by instruction number.
4.
13
14
File a separate memorandum of law in support of each party’s disputed
File a joint set of proposed voir dire questions supplemented as necessary
by separate requests.
15
5.
File trial briefs on any controlling issues of law.
16
6.
File proposed verdict forms, joint or separate.
17
7.
File and serve any objections to exhibits.
18
8.
File a joint simplified Statement of the Case to be read to the jury during
19
voir dire as part of the proposed jury instructions. Unless the case is extremely complex, this
20
statement should not exceed one page.
21
B.
Any motions in limine shall be submitted as follows: at least twenty (20)
22
calendar days before the conference, the moving party shall serve, but not file, the opening
23
brief. At least ten (10) calendar days before the conference, the responding party shall serve
24
the opposition. There will be no reply. When the oppositions are received, the moving party
25
should collate the motion and the opposition together, back-to-back, and then file the paired
26
sets at least seven (7) calendar days before the conference. Each motion should be presented
27
in a separate memorandum and properly identified, for example, “Plaintiff’s Motion in
28
Limine No. 1 to Exclude . . . .” Each party is limited to bringing five motions in limine. The
3
1
parties are encouraged to stipulate where possible, for example, as to the exclusion of
2
witnesses from the courtroom. Each motion should address a single, separate topic, and
3
contain no more than seven pages of briefing per side.
C.
4
Hard-copy courtesy copies of the above documents shall be delivered by
5
NOON the day after filing. The Joint Proposed Final Pretrial Order, jury instructions, and
6
verdict form shall be submitted via e-mail as attachments to JSCpo@cand.uscourts.gov. The
7
Court requests that all hard-copy submissions be three-hole-punched.
8
IV.
9
PRETRIAL ARRANGEMENTS
A.
Should a daily transcript and/or real-time reporting be desired, the parties shall
Northern District of California
make arrangements with Debra Campbell, Supervisor of the Court Reporting Services, at
11
United States District Court
10
(415) 522-2079, at least ten (10) calendar days prior to the trial date.
12
B.
During trial, counsel may wish to use overhead projectors, laser-disk/computer
13
graphics, poster blow-ups, models, or specimens of devices. Equipment should be shared by
14
all counsel to the maximum extent possible. The Court provides no equipment other than an
15
easel. The United States Marshal requires a court order to allow equipment into the
16
courthouse. For electronic equipment, parties should be prepared to maintain the equipment
17
or have a technician handy at all times. The parties shall tape extension cords to the carpet for
18
safety. The parties may work with the deputy clerk, Ada Means (415-522-2015), on all
19
courtroom-layout issues.
SCHEDULING
20
21
Trial will be conducted from 8:30 a.m. to 2:30 or 3:00 p.m., depending on the
22
preference of the jury and the parties, Monday through Friday. Counsel must arrive by 8:15
23
a.m., or earlier as needed, for any matters to be heard out of the presence of the jury. The jury
24
will be called at 8:30 a.m.
25
26
THE JURY
In civil cases, there are no alternate jurors and the jury is selected as follows:
27
Eighteen to twenty jurors are called to fill the jury box and the row in front of the bar, and are
28
given numbers (1 through 18). The remaining potential jurors will be seated in the public
4
questions of those in the box and in the front of the bar. Counsel may then conduct a limited
3
voir dire. Challenges for cause will then be addressed out of the presence of the potential
4
jurors. The Court will consider whether to fill in the seats of the stricken jurors. If so,
5
questions will be asked of the additional jurors and cause motions as to them will be
6
considered. After a short recess, each side may exercise its allotment of peremptory
7
challenges out of the presence of the potential jurors. The eight (or such other size as will
8
constitute the jury) surviving the challenge process with the lowest numbers become the final
9
jury. For example, if the plaintiff strikes 1, 5, and 7 and the defendant strikes 2, 4, and 9, then
10
3, 6, 8, 10, 11, 12, 13, and 14 become the final jury. If more (or fewer) than eight jurors are to
11
Northern District of California
benches. Hardship excuses will usually be considered at this point. The Court will then ask
2
United States District Court
1
be seated, then the starting number will be adjusted. So too if more than a total of six
12
peremptories are allowed. Once the jury selection is completed, the jurors’ names will be read
13
again and they will be seated in the jury box and sworn. The Court may alter this procedure in
14
its discretion and after consultation with the parties.
15
WITNESSES
16
At the close of each trial day, all counsel shall exchange a list of witnesses for the
17
next two full court days and the exhibits that will be used during direct examination (other
18
than for impeachment of an adverse witness). Within 24 hours of such notice, all other
19
counsel shall provide any objections to such exhibits and shall provide a list of all exhibits to
20
be used with the same witness on cross-examination (other than for impeachment). The first
21
notice shall be exchanged prior to the first day of trial. All such notices shall be provided in
22
writing.
EXHIBITS
23
24
A.
Prior to the Final Pretrial Conference, counsel must meet and confer in person
25
toconsider all exhibit numbers and objections and to eliminate duplicate exhibits and
26
confusion over the precise exhibit.
27
28
B.
Use numbers only, not letters, for exhibits, preferably the same numbers as
were used in depositions. Blocks of numbers should be assigned to fit the need of the case
5
1
(e.g., Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A
2
single exhibit should be marked only once. If the plaintiff has marked an exhibit, then the
3
defendant should not re-mark the exact document with another number. Different versions of
4
the same document, e.g., a copy with additional handwriting, must be treated as different
5
exhibits with different numbers. To avoid any party claiming “ownership” of an exhibit, all
6
exhibits shall be marked and referred to as “Trial Exhibit No. _____,” not as “Plaintiff’s
7
Exhibit” or “Defendant’s Exhibit.”
8
C.
The exhibit tag shall be in the following form:
9
10
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Northern District of California
United States District Court
11
12
TRIAL EXHIBIT 100
13
14
Case No. ________________
15
Date Entered _____________
16
By______________________
17
Deputy Clerk
18
19
Counsel preferably will make the tag up in a color that will stand out (yet still allow for
20
photocopying), but that is not essential. Place the tag on or near the lower right-hand corner
21
or, if a photograph, on the back. Counsel should fill in the tag but leave the last two spaces
22
blank. The parties must jointly prepare a single set of all trial exhibits that will be the official
23
record set to be used with the witnesses and on appeal. Each exhibit must be tagged, three-
24
hole-punched, separated with a label divider identifying the exhibit number, and placed in 3-
25
ring binders. Spine labels should indicate the numbers of the exhibits that are in the binders.
26
Each set of exhibit binders should be marked as “Original.” Deposit the exhibits with the
27
deputy clerk seven (7) days before the Pretrial Conference.
28
6
1
D.
Counsel must consult with each other and with the deputy clerk at the end of
2
each trial day and compare notes as to which exhibits are in evidence and any limitations
3
thereon. If there are any differences, counsel should bring them promptly to the Court’s
4
attention.
5
E.
In addition to the official record exhibits, a single, joint set of bench binders
6
containing a copy of the exhibits must be provided to the Court seven (7) days before the
7
Pretrial Conference, and should be marked as “Chambers Copies.” Each exhibit must be
8
separated with a label divider identifying the exhibit number. (An exhibit tag is unnecessary
9
for the bench set.) Spine labels should indicate the numbers of the exhibits that are in the
10
Northern District of California
United States District Court
11
12
13
binders.
F.
Before the closing arguments, counsel must confer with the deputy clerk to
make sure the exhibits in evidence are in good order.
G.
Exhibit notebooks for the jury will not be permitted without prior permission
14
from the Court. Publication must be by poster blow-up, overhead projection, or such other
15
method as is allowed in the circumstances. It is permissible to highlight, circle or underscore
16
in the enlargements as long as it is clear that it was not on the original.
CHARGING CONFERENCE
17
18
As the trial progresses and the evidence is heard, the Court will fashion a
19
comprehensive set of jury instructions to cover all issues actually being tried. Prior to the
20
close of the evidence, the Court will provide a draft final charge to the parties. After a
21
reasonable period for review, one or more charging conferences will be held at which each
22
party may object to any passage, ask for modifications, or ask for additions. Any instruction
23
request must be renewed specifically at the conference or it will be deemed waived, whether
24
or not it was requested prior to trial. If, however, a party still wishes to request an omitted
25
instruction after reviewing the Court’s draft, then it must affirmatively re-request it at the
26
charging conference in order to give the Court a fair opportunity to correct any error.
27
Otherwise, as stated, the request will be deemed abandoned or waived.
28
IT IS SO ORDERED.
7
1
2
Dated: March 29, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
3
4
5
6
7
8
9
10
Northern District of California
United States District Court
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?