Eckersley v. Southwest Airlines Co.

Filing 18

CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL. Signed by Chief Magistrate Judge Elizabeth D Laporte on 9/4/2013. (ahm, COURT STAFF) (Filed on 9/13/2013)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
NORTHERN DISTRICT OF CALIFORNIA
7
8
9

SARAH ECKERSLEY

11
For the Northern District of California

United States District Court

10

Plaintiff,
v.

No. C-13-02519EDL
CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL

12

SOUTHWEST AIRLINES CO.

13

Defendant.
_______________________________/

14
Following the Case Management Conference held on September 3, 2013, IT IS HEREBY
15
ORDERED THAT pursuant to Fed. R. Civ. P. 16, the following case management and pretrial order is
16
entered:
17
1.

TRIAL DATE

18
a.

Jury trial will begin on September 9, 2014, at in Courtroom E, 15th Floor, 450

19
Golden Gate Avenue, San Francisco, CA 94102. Should a daily transcript and/or realtime reporting be
20
desired, the parties shall make arrangements with Debra Campbell, Court Reporter Supervisor, at (415)
21
522-2079 or [e-mail], at least 14 days prior to the trial date.
22
b.

The length of the trial will be not more than 4 days.

23
2.

DISCOVERY

24
a.

All non-expert discovery shall be completed no later than March 21, 2014. There

25
will be no further non-expert discovery after that date except by order of the Court for good cause
26
shown. Motions to compel non-expert discovery must be filed within the time limits contained in Civil
27
Local Rule 26-2.
28

1

b.

Initial expert disclosures shall be made no later than April 4, 2014. Rebuttal

2

expert disclosures shall be made no later than April 25, 2014. All treating physicians who will provide

3

opinion testimony beyond that which can be provided by a lay person must be disclosed as expert

4

witnesses, but they need not prepare expert reports unless ordered to do so by the Court.

5

c.

All expert discovery shall be completed no later than June 27, 2014. There will

6

be no further expert discovery after that date except by order of the Court for good cause shown.

7

Motions to compel expert discovery must be filed within the time limits contained in Civil Local Rule

8

26-2.

9

d.

Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to

supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and responses to

11
For the Northern District of California

United States District Court

10

discovery requests under the circumstances itemized in that Rule, and when ordered by the Court. The

12

Court expects that the parties will supplement and/or correct their disclosures promptly when required

13

under that Rule, without the need for a request from opposing counsel. In addition to the general

14

requirements of Rule 26(e)(1), the parties will supplement and/or correct all previously made

15

disclosures and discovery responses 28 days before the fact discovery cutoff date.

16

e.

Pursuant to Civil L.R. 37-1(b), telephone conferences are available to resolve

17

disputes during a discovery event, such as a deposition, where the resolution during the event likely

18

would result in substantial savings of expense or time.

19

f.

Privilege logs. If a party withholds information that is responsive to a discovery

20

request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by claiming that it

21

is privileged, or protected from discovery under the attorney work product doctrine or any other

22

protective doctrine (including, but not limited to, privacy rights), that party shall prepare a "privilege

23

log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and specifying separately for each

24

document or for each category of similarly situated documents:

25

1.

The name and job title or capacity of the author;

26

2.

The name and job title or capacity of each recipient;

27

3.

The date the document was prepared and, if different, the date(s)

28

on which it was sent to or shared with persons other than its
author(s);
2

1

4.

The title and description of the document;

2

5.

The subject matter addressed in the document;

3

6.

The purpose(s) for which it was prepared or communicated; and

4

7.

The specific basis for the claim that it is privileged.

5

The privilege log will be produced as quickly as possible, but no later than 14 days after the

6

discovery responses are due (in a rolling production, 14 days after each set of documents is produced),

7

unless the parties stipulate or the Court orders otherwise in a particular case.

8

g.

In responding to requests for documents and materials under Rule 34 of the

other parties the full extent to which they will produce materials and shall, promptly after the

11
For the Northern District of California

Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served on all

10

United States District Court

9

production, confirm in writing that they have produced all such materials so described that are locatable

12

after a diligent search of all locations at which such materials might plausibly exist.

13

3.

14

The last day to file a motion, or stipulation and proposed order, to join other parties shall be

15
16
17

MOTIONS

September 30, 2013.
The last day to file a motion, or stipulation and proposed order, to amend the pleadings shall
be September 30, 2013.

18

The last day for hearing dispositive motions shall be May 20, 2014. Dispositive motions shall

19

be served and filed no later than thirty-five (35) days prior to the scheduled hearing date. Briefing shall

20

be in compliance with Civil Local Rule 7-3.

21

4.

22

The parties have previously been referred to participate in mediation. Should the parties not

23

reach settlement at mediation, the parties shall notify the Court and request to be referred to participate

24

in a settlement conference before another Magistrate Judge of this court.

25
26

5.

ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE

PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on August 19, 2014, at 2:00 p.m. in Courtroom

27

E, 15th Floor. Each party shall attend personally or by lead counsel who will try the case. The

28

timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures
shall be governed by this order.
3

1

b.

2

shall meet and confer regarding:

At least thirty (30) days prior to the date of the pretrial conference, lead counsel

3

(1)

Preparation and content of the joint pretrial conference statement;

4

(2)

Preparation and exchange of pretrial materials to be served and lodged

5

pursuant to paragraph 5(c) below; and

6

(3)

7
8
9

c.

Settlement of the action.

At least twenty (20) days prior to the pretrial conference, counsel and/or parties

shall:
(1)

Serve and file a joint pretrial statement that includes the pretrial
disclosures required by Federal Rule of Civil Procedure 26(a)(3) as well

11
For the Northern District of California

United States District Court

10

as the following supplemental information:

12

(a)

13

The Action.
(i)

Substance of the Action. A brief description of the

14

substance of claims and defenses which remain to be

15

decided.

16

(ii)

Relief Prayed. A detailed statement of all the relief

17

claimed, particularly itemizing all elements of damages

18

claimed as well as witnesses, documents or other

19

evidentiary material to be presented concerning the

20

amount of those damages.

21
22

(b)

The Factual Basis of the Action.
(i)

Undisputed Facts. A plain and concise statement of all

23

relevant facts not reasonably disputable, as well as which

24

facts parties will stipulate for incorporation into the trial

25

record without the necessity of supporting testimony or

26

exhibits.

27
28

(ii)

Disputed Factual Issues. A plain and concise statement
of all disputed factual issues which remain to be decided.

4

1

(iii)

Agreed Statement. A statement assessing whether all or

2

part of the action may be presented upon an agreed

3

statement of facts.

4

(iv)

5
6

Stipulations. A statement of stipulations requested or
proposed for pretrial or trial purposes.

(c)

Disputed Legal Issues.

7

Without extended legal argument, a concise statement of each

8

disputed point of law concerning liability or relief, citing

9

supporting statutes and decisions, and any procedural or

11
For the Northern District of California

United States District Court

10

evidentiary issues.
(d)

12

Trial Preparation.
(i)

Witnesses to Be Called.

With regard to witnesses

13

disclosed pursuant to Federal Rule of Civil Procedure

14

26(a)(3)(A), a brief statement describing the substance of

15

the testimony to be given.

16

(ii)

Estimate of Trial Time. An estimate of the number of

17

hours needed for the presentation of each party’s case,

18

indicating possible reductions in time through proposed

19

stipulations, agreed statements of facts, or expedited

20

means of presenting testimony and exhibits.

21

(iii)

Use of Discovery Responses. Designate excerpts from

22

discovery that the parties intend to present at trial, other

23

than solely for impeachment or rebuttal, from depositions

24

specifying the witness with page and line references, from

25

interrogatory answers, or from responses to requests for

26

admission.

27

(e)

Trial Alternatives and Options.

28

5

1

(i)

Settlement Discussion. A statement summarizing the

2

status of settlement negotiations and indicating whether

3

further negotiations are likely to be productive.

4

(ii)

Amendments, Dismissals. A statement of requested or

5

proposed amendments to pleadings or dismissals of

6

parties, claims or defenses.

7

(iii)

Bifurcation, Separate Trial of Issues. A statement of

8

whether bifurcation or a separate trial of specific issues is

9

feasible and desired.
(f)

Miscellaneous.

11
For the Northern District of California

United States District Court

10

Any other subjects relevant to the trial of the action or material

12

to its just, speedy and inexpensive determination.

13

(2)

Serve and file trial briefs, motions in limine (including any motion

14

regarding the qualifications or testimony of any expert witness),

15

proposed voir dire questions, jury instructions, verdict forms and excerpts

16

from discovery that will be offered at trial (include a copy of the

17

deposition testimony or admission). The parties shall submit proposed

18

jury instructions jointly. If there are any instructions on which the

19

parties cannot agree, those instructions may be submitted separately;

20

(3)

21
22

Serve and file an exhibit setting forth the qualifications and experience
of each expert witness;

(4)

Serve and file a list of each party’s exhibits by numbers 1-500 (plaintiff)

23

or numbers 750-1250 (defendant), including a brief statement describing

24

the substance and purpose of each exhibit and the name of the sponsoring

25

witness;

26

(5)

Exchange exhibits which shall be premarked (plaintiff shall use numbers

27

1-500; defendant shall use numbers 750-1250) and tabbed. Exhibits shall

28

be three-hole punched and shall be submitted in binders. Each exhibit

6

1

shall be marked on the front page or on the back of the last page with the

2

information contained in Exhibit A to this Order; and

3

(6)

Deliver two sets of all premarked exhibits to chambers (exhibits are not

4

to be filed). The two sets of premarked exhibits shall be for Court use

5

only. The parties shall bring a third set of their trial exhibits to trial to

6

present to witnesses.

7

No party shall be permitted to call any witness or offer any exhibit in its case in chief that is not

8

disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the Court, by the

9

above deadline, without leave of the Court and for good cause.
d.

At least ten (10) days prior to the pretrial conference, after meeting and

11
For the Northern District of California

United States District Court

10

conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and file:

12

(1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any objections

13

to non-expert witnesses; (3) any objection to proposed voir dire questions, jury instructions and verdict

14

forms that the parties have been unable in good faith to resolve; (4) any opposition to a motion in limine.

15

No replies shall be filed.

16
17
18

e.
6.

All motions in limine and objections shall be heard at the pretrial conference.

JURY TRIAL
a.

Counsel shall submit an agreed upon set of voir dire questions to be posed by

19

the Court. Any voir dire questions on which counsel cannot agree may be submitted separately.

20

Counsel shall be allowed brief follow-up voir dire after the Court's questioning.

21

b.

The following jury instructions from the Manual of Model Civil Jury Instructions

22

for the Ninth Circuit (2007 Edition) shall be given absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11.

23

Counsel shall submit jointly an agreed upon set of case specific instructions, using the Ninth Circuit

24

Manual where appropriate. Do not submit duplicates of those listed above. Any instructions on which

25

counsel cannot agree may be submitted separately. Each requested instruction shall be typed in full on

26

a separate page with citations to the authority upon which it is based and a reference to the party

27

submitting it. A second blind copy of each instruction and verdict form shall also be submitted,

28

omitting the citation to authority and the reference to the submitting party.

7

1

7.

All documents filed with the Clerk of the Court shall list the civil case number followed

2

by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies shall

3

be three-hole punched at the left side, suitable for insertion into standard binders. In addition, all

4

proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be accompanied by

5

a diskette containing a copy of the document formatted in WordPerfect 6.1, 7, 8, 9 or 10 (Windows) or

6

8.0 (Windows).

7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Dated: September 4, 2013
_______________________________________
ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

EXHIBIT A
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Kristen Melen, Deputy Clerk

By:_______________________________
Kristen Melen, Deputy Clerk

By:_______________________________
Kristen Melen, Deputy Clerk

------------------------------------------------------

------------------------------------------------------

------------------------------------------------------

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Kristen Melen, Deputy Clerk

By:_______________________________
Kristen Melen, Deputy Clerk

By:_______________________________
Kristen Melen, Deputy Clerk

------------------------------------------------------

------------------------------------------------------

------------------------------------------------------

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Kristen Melen, Deputy Clerk

By:_______________________________
Kristen Melen, Deputy Clerk

By:_______________________________
Kristen Melen, Deputy Clerk

------------------------------------------------------

------------------------------------------------------

------------------------------------------------------

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Kristen Melen, Deputy Clerk

By:_______________________________
Kristen Melen, Deputy Clerk

By:_______________________________
Kristen Melen, Deputy Clerk

------------------------------------------------------

------------------------------------------------------

------------------------------------------------------