Architectural Resources Group, Inc. et al v. HKS, Inc.

Filing 66

CIVIL PRETRIAL ORDER FOR JURY TRIAL. Signed by Judge William H. Orrick on 08/20/2013. (jmdS, COURT STAFF) (Filed on 8/20/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ARCHITECTURAL RESOURCES GROUP, INC., et al., Plaintiffs, 8 HKS, INC., Defendant. 11 United States District Court Northern District of California CIVIL PRETRIAL ORDER FOR JURY TRIAL v. 9 10 Case No. 12-cv-05787-WHO 12 A jury trial has been set in this matter for May 12, 2014, beginning at 8:30 A.M. with an 13 14 15 attorney conference and jury selection to follow thereafter. A Pretrial Conference has been set for April 28, 2014 at 2:00 P.M. The following scheduling deadlines and hearing dates have been set: 16 17 Non-Expert Discovery Cutoff: Mediation Deadline: Expert Discovery Cutoff: Dispositive Motions to be filed: 18 19 20 21 1. December 6, 2013 December 13, 2013 January 31, 2014 February 5, 2014 (hearing March 12, 2014 at 2:00 p.m.) Pretrial Conference and Statement 22 Not less than 28 days prior to the Pretrial Conference, counsel shall exchange (but not file or 23 lodge) the papers described in Civil L.R. 16-10(b)(7), (8), (9) and (10), and any motions in limine. 24 At least 21 days before the final Pretrial Conference, lead trial counsel shall meet and confer with 25 26 27 28 respect to:  Preparation and content of the joint pretrial conference statement; 1  Resolution of any differences between the parties regarding the preparation and content of the 2 joint pretrial conference statement and the preparation and exchange of pretrial materials to be 3 served and lodged pursuant to this Order. To the extent such differences are not resolved, the 4 parties will present the issues in the pretrial conference statement so that the judge may rule on 5 the matter during the Pretrial Conference; and 6 7 8  Settlement. At least 14 days prior to the Pretrial Conference, the parties shall file a joint pretrial conference statement containing the following information: 9 a. The Action 10 (i) Substance of the Action. A brief description of the substance of claims and defenses United States District Court Northern District of California 11 12 which remain to be decided. (ii) Relief Prayed. A detailed statement of all the relief claimed, particularly itemizing 13 14 all elements of damages claimed as well as witnesses, documents, or other evidentiary material to be 15 presented concerning the amount of those damages. 16 b. 17 18 19 The Factual Basis of the Action (i) 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. 20 (ii) Disputed Factual Issues. A plain and concise statement of all disputed factual issues 21 22 which remain to be decided. (iii) Agreed Statement. A statement assessing whether all or part of the action may be 23 24 presented upon an agreed statement of facts. (iv) Stipulations. A statement of stipulations requested or proposed for pretrial or trial 25 26 purposes. 27 c. Disputed Legal Issues 28 2 (i) Points of Law. Without extended legal argument, a concise statement of each 1 2 disputed point of law concerning liability or relief, citing supporting statutes and decisions setting forth 3 briefly the nature of each party's contentions concerning each disputed point of law, including 4 procedural and evidentiary issues. 5 6 (ii) Proposed Conclusions of Law. If the case is to be tried without a jury, unless otherwise ordered, parties should briefly indicate objections to proposed conclusions of law. 7 8 d. Trial Preparation (i) Witnesses to be Called. A list of all witnesses likely to be called at trial, other than 9 solely for impeachment or rebuttal, together with a brief statement following each name describing the 11 United States District Court Northern District of California 10 substance of the testimony to be given. 12 13 14 (ii) Exhibits, Schedules and Summaries. A list of all documents and other items to be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief statement following each describing its substance or purpose and the identity of the sponsoring witness. Unless 15 otherwise ordered, parties will indicate their objections to the receipt in evidence of exhibits and 16 17 materials lodged and that counsel have conferred respecting such objections. (iii) Estimate of Trial Time. An estimate of the number of court days needed for the 18 19 presentation of each party's case, indicating possible reductions in time through proposed stipulations, 20 agreed statements of facts, or expedited means of presenting testimony and exhibits. 21 (iv) Use of Discovery Responses. Counsel shall cite possible presentation at trial of 22 evidence, other than solely for impeachment or rebuttal, through use of excerpts from depositions, 23 from interrogatory answers, or from responses to requests for admission. Counsel shall indicate any 24 objections to use of these materials and that counsel has conferred respecting such objections. 25 (v) Further Discovery or Motions. A statement of all remaining discovery or motions, 26 including motions in limine. 27 28 e. Trial Alternatives and Options 3 (i) Settlement Discussion. A statement summarizing the status of settlement 1 2 negotiations and indicating whether further negotiations are likely to be productive. 3 (ii) Consent to Trial Before a Magistrate Judge. A statement whether reference of all or 4 part of the action to a master or magistrate judge is feasible, including whether the parties consent to a 5 court or jury trial before a magistrate judge, with appeal directly to the Ninth Circuit. 6 7 (iii) Amendments, Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of parties' claims or defenses. 8 (iv) Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a 9 separate trial of specific issues is feasible and desired. 10 United States District Court Northern District of California 11 2. Witnesses The Pretrial Conference Statement shall include the witness list required in part by 1(d)(1) 12 13 above. In addition, in the case of expert witnesses, the summary shall clearly state the expert's theories 14 and conclusions and the basis therefore and shall be accompanied by a curriculum vitae; if the expert 15 has prepared a report in preparation for the testimony, a copy thereof shall be furnished to opposing 16 counsel. Witnesses not included on the list may be excluded from testifying. 17 3. 18 19 Jury Instructions a. Joint Set of Instructions. The parties shall jointly prepare a set of jury instructions, and shall file an original and two copies of same fourteen days prior to the Pretrial Conference. The 20 submission shall contain both agreed upon instructions (which shall be so noted), and contested 21 22 23 instructions, all in the order in which they should be read to the jury. Where contested instructions are included, they should be annotated both with the proponent’s authority for seeking the instruction and 24 the opponent’s reason for opposition. Counsel shall deliver to Chambers a copy of the joint 25 submission, on a CD/DVD in Word format. The label shall include the case number and a description 26 of the documents. 27 b. 28 Substance and Format of Instructions. The instructions shall cover all substantive issues and other points not covered by the Ninth Circuit Manual of Model Jury Instructions. Each 4 1 2 requested instruction shall be typed in full on a separate page and citations to the authorities upon which the instruction is based shall be included. Instructions shall be brief, clear, written in plain 3 English, and free of argument. Pattern or form instructions shall be revised to address the particular 4 facts and issues of this case. 5 c. Preliminary Statement and Instructions. If the parties wish to have a preliminary 6 statement read to the jury, and/or preliminary instructions given to the jury, they shall jointly prepare 7 and submit to the Court, fourteen days prior to the Pretrial Conference, the text of the statement and 8 instructions, clearly marked. 9 d. Voir Dire and Verdict Forms. Each party shall serve and file proposed questions for 10 jury voir dire and a proposed Form of Verdict not later than fourteen days prior to the Pretrial United States District Court Northern District of California 11 12 13 Conference. 4. Findings of Fact and Conclusions of Law In non-jury cases, each party shall serve and lodge with the Court fourteen days prior to the 14 15 Pretrial Conference proposed Findings of Fact and Conclusions of Law on all material issues. 16 Proposed Findings shall be brief, written in plain English, and free of pejorative language, conclusions 17 and argument. Parties shall deliver to Chambers copies of Proposed Findings of Fact and Conclusions 18 19 of Law on a CD/DVD in Word format. The label shall include the name of the parties, the case number and a description of the documents. 20 5. Exhibits 21 22 23 a. Provide Copies of Exhibits to Other Parties. Each party shall provide every other party with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar 24 documentary materials to be used in its case in chief at trial, together with a complete list of all such 25 proposed exhibits. Voluminous exhibits shall be reduced by elimination of irrelevant portions or 26 through the use of summaries. Each item shall be pre-marked with a trial exhibit sticker (not 27 deposition exhibit label), and defendant’s exhibit numbers shall be sequenced to begin after plaintiff's 28 5 1 2 exhibit numbers. If there are numerous exhibits, they should be provided in three-ring binders with marked tab separators. All exhibits which have not been provided as required are subject to exclusion. b. 3 Stipulations re Admissibility. Fourteen days prior to the Pretrial Conference, the parties 4 shall make a good faith effort to stipulate to exhibits’ admissibility. If stipulation is not possible, the 5 parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not 6 tactical) objection. 7 c. 8 Objections to Exhibits. In addition to the exhibit list, counsel shall confer with respect to any other objections to exhibits in advance of the Pretrial Conference. Each party shall file and serve 9 a statement briefly identifying each item objected to, the grounds for the objection, and the position of 10 the offering party fourteen days prior to the date set for the Pretrial Conference. United States District Court Northern District of California 11 d. 12 Provide Copies of Exhibits to Court. Three sets of exhibits shall be provided to the 13 Court on the Friday prior to the trial date. Each set shall be in binders, marked, tabbed, and indexed 14 and shall be delivered/mailed directly to Chambers. Parties are to comply with Local Rule 16-10(b)(7). 15 e. Disposition of Exhibits after Trial. Upon the conclusion of the trial, each party shall retain its 16 exhibits through the appellate process. It is each party’s responsibility to make arrangements with the 17 Clerk of Court to file the record on appeal. 18 19 6. Motions In Limine Any party wishing to have motions in limine heard prior to the commencement of trial must 20 file and serve same no later than fourteen days prior to the date set for the Pretrial Conference. All 21 22 23 motions in limine shall be contained in one document, limited to 25 pages pursuant to Civil L.R. 72(b), with each motion listed as a subheading. Opposition to the motions in limine shall be contained 24 in one document, limited to 25 pages, with corresponding subheadings, and shall be filed and served 25 no later than seven days prior to the Pretrial Conference. No reply papers will be considered. The 26 motions will be heard at the Pretrial Conference or at such other time as the Court may direct. Nothing 27 in this provision prevents a party from noticing its motions in limine regularly for hearing on or prior 28 6 1 2 3 to the final date for hearing dispositive motions. No leave to file under seal will be granted with respect to motions in limine. 7. Other Pretrial Matters a. 4 Status Conferences. Any party desiring to confer with the Court may, upon notice to all 5 other parties, arrange a conference through the Courtroom Deputy, Jean Davis, at 415-522-2077 or 6 7 8 b. Settlement Conferences. Parties wishing to arrange a settlement conference before another judge or Magistrate Judge may do so by contacting the Courtroom Deputy. 9 c. Daily Transcripts. Should a daily transcript and/or realtime reporting be desired, the 10 parties shall make arrangements with Debra Campbell, Court Reporter Supervisor, at 415-522-2079 or United States District Court Northern District of California 11 12 13, at least 14 calendar days prior to the trial date. 8. Miscellaneous 14 a. The Court takes a photograph of each witness prior to the witness' testimony. 15 b. Please DO NOT call Chambers. If you need to contact the Courtroom Deputy, please 16 call 415-522-2077. 17 IT IS SO ORDERED. 18 Dated: August 20, 2013 19 20 21 ______________________________________ WILLIAM H. ORRICK United States District Judge 22 23 24 25 26 27 28 7

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