Thieme v. Cobb et al

Filing 164

CORRECTED CASE MANAGEMENT SCHEDULING ORDER; Order Vacating August 4, 2016 Case Management Conference. Signed by Judge Maria-Elena James on 8/1/2016. (mejlc2S, COURT STAFF) (Filed on 8/1/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVE THIEME,

Case No. 13-cv-03827-MEJ

Plaintiff,
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ORDER VACATING CMC AND
SETTING CASE MANAGEMENT
SCHEDULE

v.
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DIANE M. COBB, et al.,
Defendants.

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CYNTHIA CHENAULT,

Case No. 13-cv-03828-MEJ

United States District Court
Northern District of California

Plaintiff,
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v.
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DIANE M. COBB, et al.,
Defendants.

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LEWIS HAYNES,

Case No. 15-cv-02455-MEJ

Plaintiff,
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v.
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DIANE E. COBB, et al.,
Defendants.

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Pursuant to Federal Rule of Civil Procedure 16, the Court issues the following Case

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Management Order, which applies to the three related cases above. Failure to comply with this

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Order is cause for sanctions under Rule 16(f). The August 4, 2016 Case Management Conference

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is VACATED. All questions should be directed to Rose Maher, Courtroom Deputy, at (415) 522-

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4708.

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//

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//

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SUMMARY OF CASE MANAGEMENT DEADLINES

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Disclosure of Expert Witnesses

9/23/2016

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Disclosure of Rebuttal Expert Witnesses

10/3/2016

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Discovery Cut-Off

10/18/2016

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Deadline to File Dispositive Motions

11/17/2016

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Hearing on Dispositive Motions

12/22/2016 at 10:00 a.m.

Exchange of Pretrial Disclosures
Deadline to File Pretrial Conference Statement
and Related Disclosures, Motions in Limine,
and Trial Briefs and Related Documents

2/22/2017

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3/9/2017

Deadline to File Motions in Limine Oppositions 3/16/2017

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United States District Court
Northern District of California

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Pretrial Conference

3/30/2017 at 10:00 a.m.

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Final Pretrial Conference

4/27/2017 at 10:00 a.m.

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Jury Trial

5/8/2017 at 9:30 a.m. (Duration: 8 days)

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PRETRIAL INSTRUCTIONS

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A.

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to be conduct prior to November 17, 2016, the parties’ deadline to file dispositive motions.

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B.

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available at http://cand.uscourts.gov/mejorders. All discovery, including depositions of expert

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witnesses, must be completed by October 18, 2016. Pursuant to Rule 16(b) and Civil Local Rule

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26-2, a discovery request or stipulation that calls for responses or depositions after the discovery

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cut-off date is not enforceable except by order of the Court and upon a showing of good cause.

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Pursuant to Civil Local Rule 37-3, no discovery disputes may be brought to the Court’s attention

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more than seven (7) days after the discovery cut-off date.

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C.

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shall serve on all other parties the expert’s name, address, qualifications, resume, and a written

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report in compliance with Rule 26(a)(2)(B) by September 23, 2016. This disclosure must be made

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with respect to a person who is either: (a) specifically retained or specially employed to provide

ADR: The parties are referred to Magistrate Judge Donna Ryu for a settlement conference

Discovery: The parties shall abide by the undersigned’s Discovery Standing Order,

Disclosure of Expert Witnesses: Any party wishing to present expert witness testimony

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expert testimony pursuant to Federal Rule of Evidence 702; or (b) a regular employee or agent or

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treating physician who may be called to provide expert opinion testimony. All parties have a

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continuing duty to supplement the disclosure of expert witnesses when required under Rule

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26(e)(1).

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D.

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contradict or rebut another party’s opinion testimony shall be disclosed in compliance with Rule

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26(a)(2)(B) by October 3, 2016.

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E.

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witness in each discipline involved in the case, except by order of the Court. To ensure that all

Disclosure of Rebuttal Expert Witnesses: Any expert testimony intended solely to

Limitation on Testimony by Expert Witnesses: Each party is limited to one expert

factual material (including tests and/or reports) upon which expert opinion may be based is timely

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United States District Court
Northern District of California

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disclosed, an expert witness shall be precluded from testifying about any actions or opinions not

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disclosed prior to the expert’s deposition, unless the parties enter into a written stipulation

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otherwise. Any party objecting to the admissibility of expert testimony must file a motion in

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limine to exclude the testimony by the deadline set forth below.

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F.

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and noticed for hearing on any available Thursday at 10:00 a.m., without contacting the Court.

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All dispositive motions shall be filed, served, and noticed by November 17, 2016. The Court shall

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hear dispositive motions on December 22, 2016 at 10:00 a.m. in Courtroom B, located on the 15th

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Floor of the Federal Building, 450 Golden Gate Avenue, San Francisco, California.

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Pretrial Motions: All pretrial motions shall be filed in accordance with Civil Local Rule 7

All summary judgment motions shall comply with the following requirements for
statements of facts:
(1) Separate Statement of Facts: Any party filing a motion for
summary judgment must file a statement, separate from the motion
and memorandum of law, setting forth each material fact on which
the party relies in support of the motion. Each material fact in the
separate statement must be set forth in a separately numbered
paragraph and must refer to a specific admissible portion of the
record where the fact finds support (for example, affidavit,
deposition, discovery response, etc.). A failure to submit a separate
statement of facts in this form may constitute grounds for denial of
the motion.
(2) Controverting Statement of Facts: Any party opposing a motion
for summary judgment must file a statement, separate from that
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party’s memorandum of law, setting forth: (a) for each paragraph of
the moving party’s separate statement of facts, a correspondingly
numbered paragraph indicating whether the party disputes the
statement of fact set forth in that paragraph and a reference to the
specific admissible portion of the record supporting the party’s
position if the fact is disputed; and (b) any additional facts that
establish a genuine issue of material fact or otherwise preclude
judgment in favor of the moving party. Each additional fact must be
set forth in a separately numbered paragraph and must refer to a
specific admissible portion of the record where the fact finds
support.

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(3) Reply Statement of Facts: If the party opposing summary
judgment sets forth additional facts, the moving party shall file a
statement, separate from the reply brief, with correspondingly
numbered paragraphs indicating whether the party admits or
disputes the statement of fact set forth in that paragraph and, if
disputed, a reference to the specific admissible portion of the record
supporting the party’s position. Facts that are not already included
in the motion and/or opposition are not permitted.

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United States District Court
Northern District of California

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(4) Alternative Procedure: As an alternative to filing a statement of
facts and controverting statement of facts, the movant and the party
opposing the motion may jointly file a stipulation signed by the
parties setting forth a statement of the stipulated facts and the
following statement: “The parties agree there is no genuine issue of
any material fact.” As to any stipulated facts, the parties so
stipulating may state that their stipulations are entered into only for
the purpose of the motion for summary judgment and are not
intended to be otherwise binding.

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G.

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will try the case shall meet and confer with respect to the preparation and content of the joint

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pretrial conference statement and shall exchange the papers described in Rule 26(a)(3). These

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papers must be filed with the Court by March 9, 2017.

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H.

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pretrial conference statement with the following information:

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Exchange and Filing of Pretrial Disclosures: By February 22, 2017, lead counsel who

Joint Pretrial Conference Statement: By March 9, 2017, the parties shall file a joint

(1) Substance of the Action: A brief description of the substance of
claims and defenses which remain to be decided.
(2) Relief Prayed: A detailed statement of all the relief claimed,
particularly itemizing all elements of damages claimed as well as
witnesses, documents or other evidentiary material to be presented
concerning the amount of damages.
(3) 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.
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(4) Disputed Factual Issues: A plain and concise statement of all
disputed factual issues which remain to be decided.

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(5) Disputed Legal Issues: Without extended legal argument, a
concise statement of each disputed point of law concerning liability
or relief, citing supporting statutes and decisions.

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(6) Agreed Statement: A statement assessing whether all or part of
the action may be presented upon an agreed statement of facts.

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(7) Stipulations: A statement of stipulations requested or proposed
for pretrial or trial purposes.

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(8) Amendments or Dismissals: A statement of requested or
proposed amendments to pleadings or dismissals of parties, claims,
or defenses.

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(9) Estimated Time of Trial: An estimate of the number of hours
needed for the presentation of each party’s case.

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(10) Bifurcation or Separate Trial of Issues: A statement of whether
bifurcation or a separate trial of specific issues is feasible and
desired.

United States District Court
Northern District of California

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(11) Settlement: A statement summarizing the status of the parties’
settlement negotiations and indicating whether further negotiations
are likely to be productive.

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I.

Witness list: A witness list shall be provided as an appendix to the joint pretrial conference

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statement. The following information should be included. For each party, a list of all witnesses to

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be called for trial, including those appearing by deposition. For each witness, a statement of the

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substance of his or her testimony and an estimate regarding the length of testimony (including

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direct and cross-examination).
If the witness is an expert witness, the statement should clearly state the expert’s theories

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and conclusions and the bases therefor, which shall also specify to which disputed fact the

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testimony relates, and an estimate of the time required for direct and cross examination. In

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addition, the expert’s curriculum vitae and report (if any) should be attached. If there are

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objections to a live witness’s testimony, whether in whole or in part, that objection should be

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raised through a motion in limine.
No party shall be permitted to offer any witness that is not disclosed in its witness list,

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except with leave of the Court for good cause shown.

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J.

Exhibit list: A joint list of all exhibits to be offered at trial shall be provided as an
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appendix to the joint pretrial conference statement. Plaintiff(s) shall mark the exhibits

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numerically; Defendant(s) shall mark the exhibits alphabetically. The list shall state each

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proposed exhibit by its number or alphabetical letter, description and sponsoring witness. All

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documents shall be authenticated prior to trial. The list shall include a joint exhibit list in tabular

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form, with (a) a column that briefly describes the exhibit; (b) a column that describes for what

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purpose the party will offer the exhibit and identifies its sponsoring witness; (c) a column that

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states any objections to the exhibit; (d) a column that briefly responds to the objections; and (e) a

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blank column for the Court’s use. Before this list is filed, the parties shall meet and confer, in

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person, to consider eliminating duplicate exhibits, and to make a good faith effort to stipulate to

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admissibility. No party shall be permitted to offer any exhibit that is not disclosed in its exhibit

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United States District Court
Northern District of California

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list

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K.

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for admission, and deposition testimony (with specific line references identified) that each party

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intends to present at trial shall be included as an appendix to the joint pretrial conference

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statement. If there are objections to the use of written responses, the parties should include a joint

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memorandum that briefly states the objecting party’s objection and the opposing party’s response.

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If there is an objection to the general subject matter of a deponent’s testimony, the objection

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should be made through a motion in limine. The Court expects the parties to meet and confer in

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good faith in an attempt to resolve specific objections before any statements are filed.

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L.

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evidentiary disputes prior to filing motions in limine. Any motions in limine shall be filed by

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March 9, 2017, with oppositions due by March 16, 2017. Each motion in limine should address a

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single topic and contain no more than seven pages of briefing per side. Reply briefs are not

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permitted.

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M.

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by March 9, 2017. The trial briefs shall: (1) summarize the party’s theory of the case; (2) identify

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key evidence; and (3) provide the applicable legal standard, pursuant to Ninth Circuit authority,

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for all controlling issues of law, including foreseeable procedural and evidentiary issues.

Use of Discovery Responses: Excerpts of interrogatory responses, responses to requests

Motions in limine: The parties are directed to meet and confer in person to resolve any

Trial Briefs: Each party shall file a trial brief, not to exceed 15 pages absent Court order,

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Voir Dire: In a jury trial, the parties shall file a joint set of requested voir dire to be posed

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by the Court, as well as any separate questions upon which counsel cannot agree, by March 9,

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2017. These shall also be submitted to the Court on a portable storage device (such as a USB

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thumb drive) in Microsoft Word format. Any question on which the parties cannot agree shall be

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marked as “disputed” and included within the joint set. Counsel will be allowed brief follow-up

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voir dire after the Court’s questioning.

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O.

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instructions by March 9, 2017. These shall also be submitted to the Court on a portable storage

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device in Microsoft Word format. Jury instructions should conform to the Manual of Model Civil

Jury Instructions: In a jury trial, the parties shall file a joint set of proposed jury

Jury Instructions for the Ninth Circuit. The instructions shall be ordered in a logical sequence,

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United States District Court
Northern District of California

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together with a table of contents. Any instruction on which the parties cannot agree shall be

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marked as “disputed” and included within the jointly submitted instructions, in the place where the

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party proposing the instruction believes it should be given. Argument for and against each

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disputed instruction shall be included on a separate page directly following the disputed

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instruction. At the close of Defendant’s case in chief the Court shall hear oral argument on the

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disputed jury instructions and will then render its rulings.

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by March 9, 2017. If the parties are unable to stipulate to a verdict form, then each party or side

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shall submit a proposed verdict form. The parties shall also submit the forms to the Court on a

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portable storage device.

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Q.

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file proposed findings of fact and conclusions of law by March 9, 2017. The parties shall also

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submit the proposed findings to the Court on a portable storage device.

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R.

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2017 at 10:00 a.m., in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco,

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California. Lead counsel who will try the case must attend the pretrial conference. The purpose

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of the pretrial conference is for the Court to rule on any issues raised in the pretrial conference

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statement, motions in limine, and to discuss the trial of the case. The Court shall hold a final

Proposed Verdict Forms: In a jury trial, the parties shall file a joint proposed verdict form

Proposed Findings of Fact and Conclusions of Law: In a bench trial, each party shall

Pretrial Conferences: The Court shall hold an initial pretrial conference on March 30,

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pretrial conference on April 27, 2017 at 10:00 a.m. in Courtroom B, to address any outstanding

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trial issues.

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8, 2017 (Trial schedule: Monday through Friday, 9:30 a.m. to 3:30 p.m.), and last 8 days. In a jury

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trial, jury selection begins at 9:30 a.m. on the first day of trial.

Trial: The Court shall conduct a jury trial in this matter. The trial shall commence on May

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For any documents that will be shown to a witness but not admitted into evidence, counsel

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shall bring the original plus three copies of the documents. The original document will be handed

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to the Court during testimony and the copies will be given to the witness and opposing counsel

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during examination.
The parties shall maintain their own exhibits during trial. Plaintiff(s) shall mark the

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United States District Court
Northern District of California

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exhibits numerically; Defendant(s) shall mark the exhibits alphabetically. Exhibits must be

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premarked with tags attached to the upper left-hand corner. Sample tags may be obtained from the

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Courtroom Deputy and are attached hereto. If a photo or chart is being used as an exhibit, the

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exhibit tag should be placed on the back side of the exhibit. The Court will only admit pre-marked

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exhibits which were listed on the earlier filed exhibit list. On the day of trial, counsel shall bring

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the original pre-marked exhibits plus two copies, one for opposing counsel and one (in binders

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with appropriate label dividers) for the Court. The exhibit binders are to be given to the

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Courtroom Deputy on the morning of the trial.

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Transcripts and Courtroom Technology:
1)

Any party requesting a daily transcript and/or real time reporting shall contact

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Debra Campbell, Supervisor Court Reporting Services, at [phone], at least 14 days in

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advance of the trial date.

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2)

All parties are instructed to review the information regarding the use of courtroom

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technology and electronic evidence presentation, which is provided on the Court’s web site at

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http://cand.uscourts.gov/courtroomtech, and to prepare accordingly. Questions and/or requests to

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pre-test equipment should be sent to the courtroom deputy.

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If any party will utilize their own video recording equipment or demonstrative devices, a
signed order will need to be obtained at least 14 days in advance of the trial or hearing date for the
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items to clear security.
IT IS SO ORDERED.

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Dated: August 1, 2016
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

Plntf Exhibit No

Plntf Exhibit No

Plntf Exhibit No

Date Admitted:

Date Admitted:

13-cv-03827-MEJ

Date Admitted:

By:

By:
Rose Maher, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

By:
Rose Maher, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

Rose Maher, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

Plntf Exhibit No

Plntf Exhibit No

Plntf Exhibit No

Date Admitted:

Date Admitted:

13-cv-03827-MEJ

Date Admitted:

By:

By:
Rose Maher, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

By:
Rose Maher, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

Rose Maher, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

Plntf Exhibit No

Plntf Exhibit No

Plntf Exhibit No

Date Admitted:

Date Admitted:

13-cv-03827-MEJ

Date Admitted:

By:

By:
Rose Maher, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

By:
Rose Maher, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

Rose Maher, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

Deft Exhibit No

Deft Exhibit No

Deft Exhibit No

Date Admitted:

Date Admitted:

Date Admitted:

By:

By:

13-cv-03827-MEJ

By:

Rose Maher, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

Rose Maher, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

Rose Maher, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

Deft Exhibit No

Deft Exhibit No

Deft Exhibit No

Date Admitted:

Date Admitted:

13-cv-03827-MEJ

Date Admitted:

By:

By:
Rose Maher, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

By:
Rose Maher, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

13-cv-03827-MEJ

Rose Maher, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case #:

Deft Exhibit No

Deft Exhibit No

Deft Exhibit No

Date Admitted:

Date Admitted:

13-cv-03827-MEJ

Date Admitted:

By:

By:
Rose Maher, Deputy Clerk

By:
Rose Maher, Deputy Clerk

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Rose Maher, Deputy Clerk