Ponting et al v. Lowe's HIW, Inc.

Filing 42

ORDER REFERRING CASE to Magistrate Judge Donna Ryu for Settlement, CASE MANAGEMENT SCHEDULING ORDER: Jury Trial set for 8/4/2014 07:30 AM before Hon. William Alsup. Pretrial Conference set for 7/30/2014 09:00 AM before Hon. William Alsup. Signed by Judge Alsup on 5/22/2014. (whalc3, COURT STAFF) (Filed on 5/22/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL PONTING and JUDY WONG,

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For the Northern District of California

United States District Court

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No. C 12-06442 WHA

Plaintiffs,
v.
LOWE’S HIW, INC.,
Defendant.
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ORDER RE PRETRIAL AND
JURY TRIAL DATES,
OBJECTIONS TO PLAINTIFF’S
PRETRIAL DISCLOSURES, AND
REFERRING TO MAGISTRATE
JUDGE FOR SETTLEMENT

As explained at the scheduling conference, defendant’s objections to plaintiff’s pretrial

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disclosures are SUSTAINED IN PART and OVERRULED IN PART. Because he lacked good cause in

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failing to timely disclose, plaintiff is precluded from relying on or using any of the eighteen

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witnesses listed by defendant at Docket Number 32 at trial except for Ian Ponting. Plaintiff must

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make Ian Ponting available for a three-hour deposition by defendant on June 9, 2014, at 9:00

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a.m., at the office of defendant’s counsel. The parties, however, may agree in writing to do Ian

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Ponting’s deposition at another time and place. Defendant is entitled to any reasonable

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attorney’s fees and costs incurred by taking Ian Ponting’s deposition. Defendant’s objections to

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the four trial exhibits listed at Docket Number 32 on the basis of untimeliness are OVERRULED.

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It may, however, depose ONE expert associated with the exhibits at issue and may not recover

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any attorney’s fees or costs associated with that deposition.

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The final pretrial conference shall be at 9:00 A.M. on JULY 30, 2014. A JURY TRIAL shall
begin on AUGUST 4, 2014, AT 7:30 A.M., in Courtroom 8, 19th Floor, 450 Golden Gate Avenue,
San Francisco, California, 94102. The trial schedule and time limits shall be set at the final

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pretrial conference. Although almost all trials proceed on the date scheduled, it may be

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necessary on occasion for a case to trail, meaning the trial may commence a few days or even a

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few weeks after the date stated above, due to calendar congestion and the need to give priority to

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criminal trials. Counsel and the parties should plan accordingly, including advising witnesses.

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This matter is hereby REFERRED TO MAGISTRATE JUDGE DONNA RYU FOR
MEDIATION/SETTLEMENT.

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IT IS SO ORDERED.

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Dated: May 22, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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