Pulley v. Wells Fargo Bank, N.A. et al
Filing
60
PRETRIAL PREPARATION ORDER. Signed by Judge Nathanael Cousins on 9/28/2015. (lmh, COURT STAFF) (Filed on 9/28/2015)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
RICHARD PULLEY,
11
United States District Court
Northern District of California
10
Plaintiff,
PRETRIAL PREPARATION ORDER
v.
12
Case No. 13-cv-05904 NC
13
WELLS FARGO BANK, N.A., et al.,
14
Defendants.
15
A jury trial is scheduled in this case on November 10, 2015, in Courtroom D in the
16
17
San Francisco courthouse. This order prepares for the trial. A pretrial conference is
18
scheduled for October 21, 2015 at 11:00 a.m. in Courtroom D, San Francisco. The trial
19
preparation standing order is available on the Court’s website. Where the dates outlined
20
below are inconsistent with the standing order, the dates in this order should be followed.
21
I.
22
MOTIONS IN LIMINE
The parties must file their motions in limine by October 7, with responses due by
23
October 14. No party may file a reply without leave of Court. The total number of pages
24
each party submits for all motions and all responses must not exceed 15 pages. While it is
25
up to each party to decide how much space to allocate for their motions and how much for
26
their responses, the parties must each stay within the 15-page limit (e.g., a party can
27
allocate 9 pages for their motions, and 6 pages for their responses). The Court will hold a
28
hearing on the motions in limine at the pretrial conference.
Case No. 13-cv-05904 NC
1
II.
JOINT TRIAL READINESS BINDER
2
The parties are ordered to provide the Court with two copies of a Joint Trial
3
Readiness Binder. The documents and binder are due by October 14, 2015 at 12 p.m. at
4
the San Jose Courthouse. The parties must also file a copy of the Joint Trial Readiness
5
Binder in ECF. The Joint Trial Readiness Binders must contain an index and copies of
6
filed documents with the ECF header reflecting the item’s docket number and filing date,
7
including:
8
9
A. Proposed Order Re: Trial Stipulations
The Court expects that the parties will agree to a variety of stipulations regarding
the conduct of the trial. A proposed order outlining all such stipulations must be presented
11
United States District Court
Northern District of California
10
to the Court.
12
13
B. Witness Lists
The parties must submit an updated list of all witnesses likely to be called at trial
14
(other than solely for impeachment or rebuttal), with a brief statement following each
15
name describing the substance of the testimony to be given and a time estimate of the
16
direct and cross examinations. This information must be presented in chart format and
17
organized by party. Witnesses who will be testifying as experts should be identified as
18
such and included in a separate expert witness list (see below).
19
20
C. Expert Witness Lists
The parties must submit an updated list of all expert witnesses with a summary
21
which must clearly describe the expert’s theories and conclusions; a curriculum vitae; and
22
expert reports. Witnesses not included on the list may be excluded from testifying.
23
D. Updated Exhibit Lists Annotated with Stipulations/Objections
24
The parties must submit an updated list of all documents and other items to be
25
offered as exhibits at the trial (other than solely for impeachment or rebuttal), with a brief
26
description of each exhibit’s contents, and the identify of each sponsoring witness. As
27
applicable, the exhibit list must specify whether the parties stipulate to admit the exhibit or
28
the grounds for any objections to the exhibit. The exhibit list must also include an
Case No. 13-cv-05904 NC
2
1
additional column so that the Court can track the date on which each exhibit is admitted.
2
Prior to submitting the list, the parties must meet and confer and attempt to stipulate as to
3
the admissibility of each exhibit. This information must be presented in chart format and
4
organized numerically.
5
E. Updated List of Discovery Excerpts
The parties must list those excerpts from depositions, from interrogatory answers,
6
7
or from responses to requests for admission (other than those solely for impeachment or
8
rebuttal) likely to be used as trial. Prior to submitting the list, the parties must meet and
9
confer and attempt to resolve any disagreements regarding designations or counterdesignations. The parties must (i) identify any remaining legal objections to the excerpts
11
United States District Court
Northern District of California
10
on the list itself, and (ii) attach in a separate appendix copies of the disputed excerpts so
12
that the Court can review the disputed materials. The parties must provide a single
13
proposed order with each disputed designation which will allow the Court to rule on
14
whether permission to use each is granted, granted with modification, or denied.
15
F. Voir Dire Questions
The parties must include any proposed jury questionnaire or questions for the court-
16
17
directed voir dire, if applicable. If any questions are contested, each party must state the
18
basis for proposing or opposing the question.
19
III.
ELECTRONIC COPIES OF TRIAL DOCUMENTS
The parties must send an electronic copy in Word format to
20
21
ncpo@cand.uscourts.gov of the following documents listed above: (i) Proposed Order Re:
22
Trial Stipulations; and (ii) Proposed Order Re: Discovery Excerpts.
23
IV.
STIPULATIONS RE: ADMISSIBILITY
The parties must make a good faith effort to stipulate to exhibits’ admissibility. If
24
25
stipulation is not possible, the parties must make every effort to stipulate to authenticity
26
and foundation absent a legitimate objection.
27
//
28
Case No. 13-cv-05904 NC
3
1
V.
2
EXHIBITS
Exhibits must be provided to the Court by October 14, 2015 at 12:00 p.m. at the
3
San Jose Courthouse as follows: two sets of exhibits marked, tabbed, indexed, and to be
4
provided in binders. Exhibit sets may be delivered/mailed directly to Chambers in San
5
Jose. The parties must otherwise coordinate with the Courtroom Deputy for other
6
delivery.
Each exhibit must be pre-marked with an exhibit tag placed in the top right corner
8
of the first page of a document. Parties are to use a color other than white for the exhibit
9
tags. A page of blank trial exhibit tags can be found on the Court’s website. If an exhibit
10
is a physical object (rather than a document), a picture should be taken and placed in the
11
United States District Court
Northern District of California
7
binder.
12
Upon the conclusion of the trial, each party must retain its exhibit through the
13
appellate process. It is each party’s responsibility to make arrangement with the Clerk of
14
Court to file the record on appeal.
15
VI.
16
SCHEDULING OF JURY SELECTION
The parties must notify the Court whether they wish to proceed with a jury or bench
17
trial by October 14. If the parties decide to proceed with a jury trial, the jury will be
18
selected November 10. Opening statements will be on November 10 after jury selection.
19
The first witness will be called on November 10.
20
VII.
21
JURY INSTRUCTIONS
If applicable, the parties must submit jointly to the Court via email in Word format
22
to ncpo@cand.uscourts.gov a set of jury instructions by October 14. If any instructions are
23
contested, each party must state the legal basis for proposing or opposing the instructions.
24
VIII. SUMMARY OF CASE STATEMENT
25
By October 14, the parties must jointly submit an agreed-upon summary of the case,
26
not to exceed one page. This statement of the case will be read to the jury at jury selection.
27
If the parties cannot agree on such a statement, each party must submit its own summary,
28
not to exceed one page.
Case No. 13-cv-05904 NC
4
1
IX.
2
TRIAL LIMITS
The Court anticipates giving each side a total of 4 hours to present its case. This
3
includes all aspects of trial (e.g., objections, examinations) except jury selection.
4
X.
5
SETTLEMENT
If the parties wish this case to be referred to a magistrate judge for a settlement
6
conference before trial, they must file a request for referral by October 7, 2015.
7
XI.
MISCELLANEOUS
8
Witness Photographs
9
The Court may take a photograph of each witness prior to the witness’ testimony to
10
assist the trier of fact with recalling the testimony. Please advise your witnesses.
United States District Court
Northern District of California
11
Electronic Equipment
12
If a party wishes to use electronic equipment or other large items (such as
13
bookshelves), the party must file a request and proposed order with the Court by
14
October 7.
15
Equipment not provided by the Court must be tested in the courtroom prior to the
16
day when it will be used. Arrangements may be made with the Courtroom Deputy, Lili
17
Harrell at (408) 535-5343, as to an appropriate time for doing so.
18
Questions from Jury
19
If the parties select a jury trial, the Court will give an instruction to allow questions
20
from the jury in accordance with Ninth Circuit Model Instruction 1.15 (“Questions to
21
Witnesses by Jurors”).
22
23
IT IS SO ORDERED.
24
25
Dated: September 28, 2015
26
_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
27
28
Case No. 13-cv-05904 NC
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?