Sessoms v. Thornton et al

Filing 118

SECOND CASE MANAGEMENT ORDER Final Pretrial Conference set for 5/25/2016 02:00 PM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Alsup on 12/14/2015. (whalc2, COURT STAFF) (Filed on 12/14/2015)

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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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TIO DINERO SESSOMS,
Plaintiff,

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v.

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No. C 13-00714 WHA

DR. DARRIN BRIGHT,

SECOND CASE
MANAGEMENT ORDER

Defendant.

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After a case management conference, the Court enters the following order pursuant to

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Rule 16 of the Federal Rules of Civil Procedure (“FRCP”) and Civil Local Rule 16-10:

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1.

The FINAL PRETRIAL CONFERENCE shall be at 2:00 P.M. on MAY 25, 2016. Although

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the Court encourages argument and participation by younger attorneys, lead trial counsel

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must attend the final pretrial conference. For the form of submissions for the final

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pretrial conference and trial, please see paragraph 6 below.

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2.

A JURY TRIAL shall begin on MAY 31, 2016, at 7:30 A.M., in Courtroom 8, 19th Floor,

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450 Golden Gate Avenue, San Francisco, California, 94102. The trial schedule and time

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limits shall be set at the final pretrial conference. Although almost all trials proceed on

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the date scheduled, it may be necessary on occasion for a case to trail, meaning the trial

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may commence a few days or even a few weeks after the date stated above, due to

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calendar congestion and the need to give priority to criminal trials. Counsel and the

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parties should plan accordingly, including advising witnesses.

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3.

Counsel may not stipulate around the foregoing dates without Court approval.

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4.

While the Court encourages the parties to engage in settlement discussions, please do

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not ask for any extensions on the ground of settlement discussions or on the ground that

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the parties experienced delays in scheduling settlement conferences, mediation or ENE.

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The parties should proceed to prepare their cases for trial. No continuance (even if

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stipulated) shall be granted on the ground of incomplete preparation without competent

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and detailed declarations setting forth good cause.

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5.

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To avoid any misunderstanding with respect to the final pretrial conference and trial, the
Court wishes to emphasize that all filings and appearances must be made — on pain of

United States District Court
For the Northern District of California

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dismissal, default or other sanction — unless and until a dismissal fully resolving the

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case is received. It will not be enough to inform the clerk that a settlement in principle

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has been reached or to lodge a partially executed settlement agreement or to lodge a

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fully executed agreement (or dismissal) that resolves less than the entire case.

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Where, however, a fully-executed settlement agreement clearly and fully disposing of

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the entire case is lodged reasonably in advance of the pretrial conference or trial and

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only a ministerial act remains, the Court will arrange a telephone conference to work out

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an alternate procedure pending a formal dismissal.

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6.

If you have not already done so, please read and follow the “Supplemental Order to

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Order Setting Initial Case Management Conference in Civil Cases Before Judge William

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Alsup” and other orders issued by the Clerk’s office when this action was commenced.

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Among other things, the supplemental order explains when submissions are to go to the

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Clerk’s Office (the general rule) versus when submissions may go directly to chambers

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(rarely). With respect to the final pretrial conference and trial, please read and follow

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the “Guidelines For Trial and Final Pretrial Conference in Civil [Jury/Bench] Cases

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Before The Honorable William Alsup.” All orders and guidelines referenced in the

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paragraph are available on the district court’s website at http://www.cand.uscourts.gov.

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The website also includes other guidelines for attorney’s fees motions and the necessary

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form of attorney time records for cases before Judge Alsup. If you do not have access to
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the Internet, you may contact Deputy Clerk Dawn K. Toland at [phone] to learn

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how to pick up a hard copy.

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IT IS SO ORDERED.

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Dated: December 14, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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