McNEIL et al v. Wells Fargo Bank, N.A. et al

Filing 39

STATUS CONFERENCE ORDER. Discovery due by 12/11/2015. Jury Selection/Trial set for 2/29/2016 09:30 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti for an estimated 3-5 days. Motion Hearing set for 1/22/2016 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Pretrial Conference set for 2/19/2016 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 03/20/2015. (tmi, COURT STAFF) (Filed on 3/20/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TROY L. MCNEIL, et al.,

Case No. 13-cv-05519-SC

Plaintiffs,
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v.

STATUS CONFERENCE ORDER

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WELLS FARGO BANK, N.A., et al.,
Defendants.

United States District Court
Northern District of California

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IT IS HEREBY ORDERED THAT:

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(1) This case is set for trial on Monday, February 29, 2016, at 9:30 a.m., or as

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soon thereafter as the court may designate, all counsel having been advised that they must be

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prepared to go to trial on a trailing basis. This order shall also apply to all trial continuance dates.
(2) All discovery shall be completed and all depositions taken by December 11,

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2015.
(3) The last hearing date for motions, to be noticed in accordance with Civil Local

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Rule 7-2, is Friday, January 22, 2016, at 10:00 a.m. Counsel should check this Court's

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scheduling notes for available dates prior to noticing any motions for hearing.

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(4) All counsel shall meet prior to the pretrial conference to discuss the preparation

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of a joint pretrial statement and possible settlement of the action. Within one week thereafter, all

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counsel shall sign and file a written statement briefly summarizing the result of said conference,

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insofar as possible settlement is concerned.

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(5) A pretrial conference shall be held before the court on Friday, February 19,
2016, at 10:00 a.m.
(6) Motions in Limine will be heard at the pretrial conference. Motions in limine

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are to be filed and served no later than ten (10) days prior to the pretrial conference, oppositions

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are to be filed and served no later than five (5) days prior to the pretrial conference.
(7) Not less than fourteen calendar days prior to the date set for trial, the parties

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shall:
(a) serve and file trial briefs;

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(b) submit a list of the witnesses, including expert witnesses, they intend

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to present and any Daubert challenges (if not presented they will be deemed waived), the order of

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presentation, and an estimate of testimony time (both direct and cross), and a brief statement as to

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the content of the witness' testimony. No witnesses other than those on said list shall be allowed

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to testify (except upon express order of the court), also with reference to expert witnesses, FRCP

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United States District Court
Northern District of California

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Rule 26 will be adhered to and applied;

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(c) serve and file statements designating excerpts from depositions

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(specifying the witness and page and line references), from interrogatory answers and from

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responses to requests for admission to be offered at the trial other than for impeachment or

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rebuttal;
(d) exchange copies of all exhibits to be offered and all schedules,

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summaries, diagrams and charts to be used at the trial other than for impeachment or rebuttal.

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Upon request, a party shall make the original or the underlying documents of any exhibit available

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for inspection and copying. Each proposed exhibit shall be pre-marked for identification in a

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manner clearly distinguishing plaintiff from defendant, and a list of exhibits shall be prepared by

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each party.

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(8) (a) If a jury trial has been demanded, the parties shall not less than fourteen

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days before the date set for trial, e-file with the court, proposed voir dire questions, a complete set

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of proposed jury instructions and verdict form upon which they have agreed, including all standard

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instructions regarding the role of jurors, organization of the jury, communication with the court,

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etc. At the same time, each party shall e-file with the court, all proposed jury instructions upon

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which any other party does not agree, noting the corresponding instruction, if any, being lodged by

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the other party. Each proposed instruction shall (I) be concise and free from argument; (ii) show
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the identity of the offering party; (iii) be typewritten in full on separate pages; (iv) be

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consecutively numbered; and (v) set forth specific citations to supporting authority.
(b) If a non-jury trial is requested, each party must submit proposed

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findings of fact and conclusions of law and form of judgment at least fourteen days before trial.

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(9) Each party shall see to it that all depositions are brought to court on the trial

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date.
(10) No provisions of the order may be changed except by order of this court upon
its own motion, or upon motion of one or more parties made pursuant to Civil Local Rule 7.
(11) Failure to strictly comply fully with each and all provisions of this order will
be deemed sufficient grounds to impose sanctions, which may include dismissal of the action,

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United States District Court
Northern District of California

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dismissal of cross-complaint, dismissal of defenses, or refusal of testimony of witnesses not listed

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per 7(b) above.

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IT IS SO ORDERED.
Dated: March 20, 2015
______________________________________
SAMUEL CONTI
United States District Judge

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INSTRUCTIONS FOR EXHIBIT MARKERS, EXHIBIT LIST, AND TRANSCRIPTS

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EXHIBIT MARKERS

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Counsel should fill in the appropriate markers leaving the "Date Entered" and

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"Deputy Clerk" lines blank.
Plaintiff's exhibits should be denoted as: 1, 2, 3, etc. Defendant's exhibits should

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be denoted as: A, B, C, etc.

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EXHIBIT LIST

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Counsel are to supply all the requested information with the exception of the two

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United States District Court
Northern District of California

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"Date Boxes."

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COLOR OF EXHIBIT BINDERS

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Plaintiff's exhibit binders must be black and Defendant's exhibit binders must be

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white.

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TRANSCRIPTS

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Should a daily transcript and/or realtime reporting be desired, arrangements must be

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made with the Courtroom Deputy at least fourteen (14) days before the scheduled trial

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date.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO.______________________

DATE: ___________________

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___________________________ v. __________________________

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EXHIBIT LIST
( ) Plaintiff

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( ) Defendant

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EXHIBIT
NUMBER

MARKED

ADMITTED

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United States District Court
Northern District of California

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DESCRIPTION OF EXHIBIT

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Case No. _________________________

Case No. _________________________

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PLTF Exhibit No. _______1__________

DEFT Exhibit No. _______A ________

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Date Admitted _____________________

Date Admitted _____________________

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Signature _________________________

Signature _________________________

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Case No. _________________________

Case No. _________________________

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PLTF Exhibit No. _______2__________

DEFT Exhibit No. _______B_________

Date Admitted _____________________

Date Admitted _____________________

Signature _________________________

Signature _________________________

Case No. _________________________

Case No. _________________________

PLTF Exhibit No. ________3_________

DEFT Exhibit No. _______C_________

Date Admitted _____________________

Date Admitted _____________________

Signature _________________________

Signature _________________________

Case No. _________________________

Case No. _________________________

PLTF Exhibit No. ________4________

DEFT Exhibit No. _______D_________

Date Admitted _____________________

Date Admitted _____________________

Signature _________________________

Signature _________________________

Case No. _________________________

Case No. _________________________

PLTF Exhibit No. ________5_________

DEFT Exhibit No. _______E_________

Date Admitted _____________________

Date Admitted _____________________

Signature _________________________

Signature _________________________

Case No. _________________________

Case No. _________________________

PLTF Exhibit No. ________6_________

DEFT Exhibit No. _______F_________

Date Admitted _____________________

Date Admitted _____________________

Signature _________________________

Signature _________________________

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United States District Court
Northern District of California

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