Prianto v. Heritage Pacific Financial, LLC et al
Filing
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ORDER FOR PRETRIAL PREPARATION. Signed by Judge Thelton E. Henderson on 11/18/13. (tlS, COURT STAFF) (Filed on 11/18/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RECO PRIANTO,
No. C 13 - 3461 TEH
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Plaintiff,
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v.
ORDER FOR PRETRIAL
PREPARATION
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HERITAGE PACIFIC FINANCIAL,
LLC, et al.,
Defendant.
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For the Northern District of California
United States District Court
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Good cause appearing, IT IS HEREBY ORDERED that:
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16 1.
TRIAL DATE. Trial before the JURY will begin in Courtroom No. 12 on
17 Tuesday, October 7, 2014 at 9:00 AM. If the Court advises all counsel that they must be
18 prepared to go to trial on a trailing basis, then the trial will begin as soon after the scheduled
19 date as possible. The trial shall last for an estimated Five (5) trial days. The trial of
20 liability and damages issues SHALL NOT be separate.
21 2.
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PRETRIAL CONFERENCE. The Court will hold a pretrial conference on Monday,
September 22, 2014 , at 3:00 PM. Counsel who intend to try the case must attend the
23 pretrial conference.
24 3.
DISCOVERY.
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(a) Discovery Cutoff. All discovery, except for depositions of expert witnesses,
26 shall be completed on or before June 23, 2014 . All depositions of expert witnesses shall
27 be completed no later than 7 calendar days before the pretrial conference.
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(b) Disclosures Regarding Expert Witnesses. Plaintiffs shall comply with Federal
2 Rule of Civil Procedure 26(a)(2)(A) (i.e., disclose the identity of any person who may be
3 used at trial to present expert testimony) no later than 45 calendar days before the pretrial
4 conference. Defendants shall disclose the identity of their expert witnesses no later than
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30
calendar days before the pretrial conference. The parties shall comply with the written
6 report requirements of Federal Rule of Civil Procedure 26(a)(2)(B) within 14 calendar days
7 of disclosing the identity of their experts. Failure to comply with these deadlines will
8 prevent a witness from testifying as an expert.
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(c) Discovery Disputes. Unless otherwise ordered by the Court, all discovery
11 matters are hereby referred for assignment to a magistrate judge. Please call the Courtroom
For the Northern District of California
United States District Court
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12 Deputy at (415) 522-2047 to obtain a random assignment to a specific Magistrate Judge
13 before filing any papers relating to discovery.
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15 4.
PRETRIAL MOTIONS (EXCEPT MOTIONS IN LIMINE).
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The parties should file pretrial motions to resolve any purely legal substantive issues.
17 Such issues may not be resolved by motions in limine (see page 6, paragraph 6(a)). Any
18 party that attempts to resolve a purely legal substantive issue by a motion in limine, or
19 by any motion filed after the deadline below, may expect the imposition of substantial
20 sanctions for failure to comply with this order.
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All pretrial motions, except motions in limine, shall be heard no later than 45 calendar
22 days before the scheduled trial date. Accordingly, all such motions must be noticed for
23 hearing no later than Monday, August 18, 2014 . They must be filed at least 35 days in
24 advance of the hearing date, or no later than Monday, July 14, 2014 . Civ. L.R. 7-2(a).
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TEH Order for Pretrial Preparation
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1 5.
PRETRIAL CONFERENCE STATEMENT.
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(a) Required Meeting and Disclosure Prior to Pretrial Conference. Lead
3 counsel who will try the case shall meet and confer on or before August 22, 2014 (at least 30
4 calendar days before the pretrial conference). At that time, they shall discuss:
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(1) Prospects for settling the action;
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(2) The preparation and content of the joint pretrial conference statement;
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(3) The preparation and exchange of pretrial materials to be served and lodged
8 with the Court; and
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(4) Resolution of any differences between the parties regarding items (2) and (3)
11 the joint pretrial conference statement so that the Judge may rule on the disputes at the
For the Northern District of California
United States District Court
10 above. To the extent such differences are not resolved, the parties must present the issues in
12 pretrial conference.
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Within one week after meeting and conferring, the parties shall file a joint statement,
14 signed by all counsel, stating that they have met and conferred on the above issues.
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(b) Joint Pretrial Conference Statement. The parties shall file a joint pretrial
17 conference statement no later than 10 calendar days before the pretrial conference. If the
18 parties disagree over the wording of the statement, each party may state its position in its
19 own words. All parties or their counsel must sign the statement. The statement shall contain
20 the following information:
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(1) The Action.
(A) Substance of the Action. A brief description of the substance of
23 claims and defenses that remain to be decided.
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(B) Relief Prayed. A detailed statement of the relief claimed, including
25 an itemization of all claimed damages, along with a list of witnesses, documents, or other
26 evidentiary material to be presented on the amount of damages.
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(2) The Factual Basis of the Action.
(A) Undisputed Facts. A plain and concise statement of all relevant facts
3 not reasonably disputable. This should include a statement of facts which the parties
4 stipulate may be incorporated into the trial record without supporting testimony or exhibits.
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(B) Disputed Factual Issues. A plain and concise statement of all
6 disputed factual issues that remain to be decided.
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(C) Agreed Statement. A statement assessing whether all or part of the
8 action may be presented upon an agreed statement of facts.
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(D) Stipulations. A statement of stipulations requested or proposed for
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For the Northern District of California
United States District Court
10 pretrial or trial purposes.
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(3) Trial Preparation.
(A) Estimate of Trial Time. An estimate of the number of court days
14 needed for the presentation of each party’s case, indicating possible reductions in time
15 through proposed stipulations, agreed statements of facts, or expedited means of presenting
16 testimony and exhibits.
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(B) Witnesses to be Called. A list of all witnesses likely to be called at
18 trial, other than solely for impeachment or rebuttal, together with a brief statement following
19 each name describing the substance of the testimony to be given. Parties must indicate any
20 objections to the use of the listed witnesses and shall certify that counsel have met and
21 conferred regarding such objections.
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(C) Use of Discovery Responses. A list of evidence that may be presented
23 at trial, other than solely for impeachment or rebuttal, through use of excerpts from
24 depositions, interrogatory answers, or responses to requests for admission. Parties must
25 indicate any objections to use of these materials and shall certify that counsel have met and
26 conferred regarding such objections.
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(D) Exhibits, Schedules, and Summaries. A list of all documents and
28 other items to be offered as exhibits at the trial, other than solely for impeachment or rebuttal,
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1 with a brief statement following each item describing its substance or purpose and the
2 identity of its sponsoring witness. Parties must indicate any objections to the receipt in
3 evidence of the listed exhibits and shall certify that counsel have met and conferred regarding
4 such objections.
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(E) Further Discovery or Motions. A statement of all outstanding
6 discovery or motions, including motions in limine.
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(4) Trial Alternatives and Options.
(A) Settlement Discussion. A statement summarizing the status of
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11 productive.
For the Northern District of California
United States District Court
10 settlement negotiations and indicating whether further negotiations are likely to be
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(B) Consent to Trial Before a Magistrate Judge. A statement explaining
13 whether reference of all or part of the action to a special master or magistrate judge is
14 feasible, including whether the parties consent to a court or jury trial before a magistrate
15 judge with appeal directly to the Ninth Circuit.
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(C) Amendments or Dismissals. A statement of requested or proposed
17 amendments to pleadings or dismissals of parties, claims, or defenses.
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(D) Bifurcation of Issues. A statement of whether bifurcation (i.e.,
19 separate trials) of specific issues is feasible and desired.
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(5) Miscellaneous. Any other subjects relevant to the just, speedy, and
22 inexpensive resolution of this action.
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(c) Pretrial Order. The Court may, as appropriate, make pretrial orders at or
25 following the pretrial conference. Such orders shall control the subsequent course of the
26 action as provided in Federal Rule of Civil Procedure 16.
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1 6.
TRIAL PREPARATION DEADLINES.
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(a) Motions in Limine. The only appropriate purpose for a motion in limine is to
3 obtain, in advance of trial, an evidentiary ruling on the admissibility of a specific piece of
4 evidence. Unless otherwise allowed by the Court, all motions in limine shall be filed no later
5 than 21 calendar days before the scheduled trial date, and written opposition to such motions
6 shall be filed no later than 14 calendar days before the trial date. All motions in limine must
7 be accompanied by a declaration stating that counsel have met and conferred in good
8 faith regarding the motions prior to their filing, and that the parties are unable to
9 resolve informally any remaining disputes.
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For the Northern District of California
United States District Court
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(b) Exhibits. Two sets of all exhibits to be offered at trial, together with a list of
12 exhibits, shall be lodged with the Court no later than 7 calendar days before the scheduled
13 trial date. Exhibits shall be pre-marked in accordance with the attached forms.
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(c) Objections to Evidence. Counsel shall meet and confer with respect to any
16 evidentiary objections in advance of the pretrial conference. They shall advise the Court at
17 the pretrial conference if any objections contained in their joint pretrial conference statement
18 have been subsequently resolved.
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(d) Jury Instructions. If a jury trial has been demanded, the parties shall meet and
21 confer to discuss proposed jury instructions. The Court uses its own set of standard
22 instructions regarding the role of jurors, organization of the jury, communication with the
23 Court, etc., and the parties need not discuss such instructions during their meeting and
24 conferring. No later than 10 calendar days before the pretrial conference, the parties shall
25 file (a) proposed jury instructions upon which all parties have agreed and (b) jury instructions
26 upon which any other party does not agree. The proposed jury instructions must be
27 accompanied by a declaration stating that the parties have met and conferred in good faith in
28 an attempt to agree upon as many jury instructions as possible. The chambers copies of all
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1 proposed jury instructions shall be accompanied by an electronic copy of the instructions in
2 WordPerfect or WordPerfect-compatible format.
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For each disputed instruction, the offering party shall indicate the corresponding
4 instruction(s), if any, being proposed by other parties. The parties shall file written
5 objections to all disputed instructions no later than 7 calendar days before the scheduled trial
6 date.
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All proposed jury instructions shall be concise and free from argument; cover only
8 one subject to be indicated in the caption; show the identity of the offering party; be
9 typewritten out in full on a separate page or pages; be consecutively numbered; and set forth
11 the exact page or pages that support the proposed instruction.
For the Northern District of California
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10 specific citations to supporting authority. Case citations must include pinpoint citations to
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(e) Voir Dire. If a jury trial has been demanded, the parties may, at their option,
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14 submit proposed questions for voir dire. Any such questions must be filed no later than 10
15 calendar days before the pretrial conference.
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(f) Special Verdict Forms. If a jury trial has been demanded, the parties shall meet
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18 and confer to discuss any desired special verdict forms. The parties shall follow the
19 procedure outlined in paragraph 6(d) in filing their proposed verdict forms.
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21 7.
TRANSCRIPTS. Should a daily transcript and/or realtime reporting be desired,
22 arrangements must be made with the Courtroom Deputy at least fourteen (14) days before the
23 scheduled trial date.
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25 8.
SETTLEMENT CONFERENCE. The parties SHALL arrange for a mandatory
26 settlement conference before Magistrate Judge
RANDOM ASSIGNMENT of this Court.
27 This conference shall be scheduled to take place no later than 5 calendar days before the
28 pretrial conference.
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1 9.
FURTHER CASE MANAGEMENT CONFERENCE. A further case management
2 conference will be held on Monday,
N/A
, at 1:30 PM.
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4 10.
PROCEDURE FOR AMENDING THIS ORDER. No provision of this order
5 may be changed except by written order of this Court. The Court may enter such an order
6 upon its own motion or upon motion of one or more of the parties. The parties must make
7 any such motion in accordance with the Civil Local Rules and with a demonstration of very
8 good cause. The mere fact that the parties have stipulated to a change does not constitute
9 good cause, nor does a conflict with a court date set after the date of this order.
11 IT IS SO ORDERED.
For the Northern District of California
United States District Court
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13 Dated: November 18, 2013
THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT
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16 The parties request the Court to make the foregoing order.
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Attorney(s) for Plaintiff(s):
Attorney(s) for Defendant(s):
Mark Anderson
Brad Mokri (Heritage Pacific Financial)
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Corey Boyd (Experian)
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TEH Order for Pretrial Preparation
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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4 CASE NO. C
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TEH
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EXHIBIT LIST
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DATE:
(
EXHIBIT
NUMBER
) Plaintiff
MARKED
(
ADMITTED
) Defendant
DESCRIPTION OF EXHIBIT
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Case No.
PLTF Exhibit No.
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Case No.
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DEFT Exhibit No.
Date Entered
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Signature
Signature
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Case No.
Case No.
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PLTF Exhibit No.
A
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DEFT Exhibit No.
Date Entered
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Signature
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Case No.
Case No.
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PLTF Exhibit No.
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Date Entered
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Signature
Case No.
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Case No.
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DEFT Exhibit No.
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PLTF Exhibit No.
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Date Entered
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Signature
Signature
Case No.
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PLTF Exhibit No.
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DEFT Exhibit No.
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Signature
Case No.
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Case No.
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PLTF Exhibit No.
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DEFT Exhibit No.
Date Entered
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Signature
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Signature
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