Arellano v. Treasury Wine Estates
Filing
17
CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL by Chief Magistrate Judge Elizabeth D. Laporte (see order for details). (Attachments: # 1 Certificate of Service)(shyS, COURT STAFF) (Filed on 6/2/2014)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
NORTHERN DISTRICT OF CALIFORNIA
7
8
9
ENRIQUE ARELLANO
11
For the Northern District of California
United States District Court
10
Plaintiff,
v.
No. C-13-05980EDL
CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL
12
TREASURY WINE ESTATES
13
Defendant.
_______________________________/
14
Following the Case Management Conference held on May 27, 2014, IT IS HEREBY ORDERED
15
THAT pursuant to Fed. R. Civ. P. 16 the following case management and pretrial order is entered:
16
1.
TRIAL DATE
17
a.
Jury trial will begin on May 18, 2015 at 8:30 a.m., in Courtroom E, 15th Floor,
18
450 Golden Gate Avenue, San Francisco, CA 94102. Should a daily transcript and/or realtime reporting
19
be desired, the parties shall make arrangements with Debra Campbell, Court Reporter Supervisor, at
20
(415) 522-2079 or Debra_Campbell@cand.uscourts.gov, at least 14 days prior to the trial date.
21
b.
The length of the trial will be not more than 5 days.
22
2.
DISCOVERY
23
a.
All non-expert discovery shall be completed no later than October 31, 2014.
24
There will be no further non-expert discovery after that date except by order of the Court for good cause
25
shown. Motions to compel non-expert discovery must be filed within the time limits contained in Civil
26
Local Rule 26-2.
27
b.
Initial expert disclosures shall be made no later than December 2, 2014 . Rebuttal
28
expert disclosures shall be made no later than December 16, 2014. All treating physicians who will
1
provide opinion testimony beyond that which can be provided by a lay person must be disclosed as
2
expert witnesses, but they need not prepare expert reports unless ordered to do so by the Court.
3
c.
All expert discovery shall be completed no later than January 20, 2015. There
4
will be no further expert discovery after that date except by order of the Court for good cause shown.
5
Motions to compel expert discovery must be filed within the time limits contained in Civil Local Rule
6
26-2.
7
d.
Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to
discovery requests under the circumstances itemized in that Rule, and when ordered by the Court. The
10
Court expects that the parties will supplement and/or correct their disclosures promptly when required
11
For the Northern District of California
supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and responses to
9
United States District Court
8
under that Rule, without the need for a request from opposing counsel. In addition to the general
12
requirements of Rule 26(e)(1), the parties will supplement and/or correct all previously made
13
disclosures and discovery responses 28 days before the fact discovery cutoff date.
14
e.
Pursuant to Civil L.R. 37-1(b), telephone conferences are available to resolve
15
disputes during a discovery event, such as a deposition, where the resolution during the event likely
16
would result in substantial savings of expense or time.
17
f.
Privilege logs. If a party withholds information that is responsive to a discovery
18
request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by claiming that it
19
is privileged, or protected from discovery under the attorney work product doctrine or any other
20
protective doctrine (including, but not limited to, privacy rights), that party shall prepare a "privilege
21
log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and specifying separately for each
22
document or for each category of similarly situated documents:
23
1.
The name and job title or capacity of the author;
24
2.
The name and job title or capacity of each recipient;
25
3.
The date the document was prepared and, if different, the date(s)
26
on which it was sent to or shared with persons other than its
27
author(s);
28
4.
The title and description of the document;
5.
The subject matter addressed in the document;
2
1
6.
The purpose(s) for which it was prepared or communicated; and
2
7.
The specific basis for the claim that it is privileged.
3
The privilege log will be produced as quickly as possible, but no later than 14 days after the
4
discovery responses are due (in a rolling production, 14 days after each set of documents is produced),
5
unless the parties stipulate or the Court orders otherwise in a particular case.
6
g.
In responding to requests for documents and materials under Rule 34 of the
7
Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served on all
8
other parties the full extent to which they will produce materials and shall, promptly after the
9
production, confirm in writing that they have produced all such materials so described that are locatable
after a diligent search of all locations at which such materials might plausibly exist.
11
For the Northern District of California
United States District Court
10
3.
12
The last day to file a motion, or stipulation and proposed order, to join other parties shall be
13
14
15
MOTIONS
June 30, 2014.
The last day to file a motion, or stipulation and proposed order, to amend the pleadings shall
be June 30, 2014.
16
The last day for hearing dispositive motions shall be February 10, 2015. Dispositive motions
17
shall be served and filed no later than thirty-five (35) days prior to the scheduled hearing date. Briefing
18
shall be in compliance with Civil Local Rule 7-3.
19
4.
20
The Court refers this matter to the ADR Unit for telephone conference.
21
5.
22
ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
PRETRIAL CONFERENCE
a.
A pretrial conference shall be held on April 28, 2015 at 2:00 PM in Courtroom
23
E, 15th Floor. Each party shall attend personally or by lead counsel who will try the case. The
24
timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures
25
shall be governed by this order.
26
b.
27
shall meet and confer regarding:
28
At least thirty (30) days prior to the date of the pretrial conference, lead counsel
(1)
Preparation and content of the joint pretrial conference statement;
3
1
(2)
2
pursuant to paragraph 5(c) below; and
3
(3)
4
5
6
Preparation and exchange of pretrial materials to be served and lodged
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
7
disclosures required by Federal Rule of Civil Procedure 26(a)(3) as well
8
as the following supplemental information:
9
(a)
(i)
Substance of the Action. A brief description of the
11
For the Northern District of California
United States District Court
10
The Action.
substance of claims and defenses which remain to be
12
decided.
13
(ii)
Relief Prayed. A detailed statement of all the relief
14
claimed, particularly itemizing all elements of damages
15
claimed as well as witnesses, documents or other
16
evidentiary material to be presented concerning the
17
amount of those damages.
18
19
(b)
The Factual Basis of the Action.
(i)
Undisputed Facts. A plain and concise statement of all
20
relevant facts not reasonably disputable, as well as which
21
facts parties will stipulate for incorporation into the trial
22
record without the necessity of supporting testimony or
23
exhibits.
24
(ii)
25
26
Disputed Factual Issues. A plain and concise statement
of all disputed factual issues which remain to be decided.
(iii)
Agreed Statement. A statement assessing whether all or
27
part of the action may be presented upon an agreed
28
statement of facts.
4
1
(iv)
2
3
Stipulations. A statement of stipulations requested or
proposed for pretrial or trial purposes.
(c)
Disputed Legal Issues.
4
Without extended legal argument, a concise statement of each
5
disputed point of law concerning liability or relief, citing
6
supporting statutes and decisions, and any procedural or
7
evidentiary issues.
8
(d)
9
Trial Preparation.
(i)
Witnesses to Be Called.
With regard to witnesses
disclosed pursuant to Federal Rule of Civil Procedure
11
For the Northern District of California
United States District Court
10
26(a)(3)(A), a brief statement describing the substance of
12
the testimony to be given.
13
(ii)
Estimate of Trial Time. An estimate of the number of
14
hours needed for the presentation of each party’s case,
15
indicating possible reductions in time through proposed
16
stipulations, agreed statements of facts, or expedited
17
means of presenting testimony and exhibits.
18
(iii)
Use of Discovery Responses. Designate excerpts from
19
discovery that the parties intend to present at trial, other
20
than solely for impeachment or rebuttal, from depositions
21
specifying the witness with page and line references, from
22
interrogatory answers, or from responses to requests for
23
admission.
24
25
(e)
Trial Alternatives and Options.
(i)
Settlement Discussion. A statement summarizing the
26
status of settlement negotiations and indicating whether
27
further negotiations are likely to be productive.
28
5
1
(ii)
Amendments, Dismissals. A statement of requested or
2
proposed amendments to pleadings or dismissals of
3
parties, claims or defenses.
4
(iii)
Bifurcation, Separate Trial of Issues. A statement of
5
whether bifurcation or a separate trial of specific issues is
6
feasible and desired.
7
(f)
Miscellaneous.
8
Any other subjects relevant to the trial of the action or material
9
to its just, speedy and inexpensive determination.
(2)
Serve and file trial briefs, motions in limine (including any motion
11
For the Northern District of California
United States District Court
10
regarding the qualifications or testimony of any expert witness),
12
proposed voir dire questions, jury instructions, verdict forms and excerpts
13
from discovery that will be offered at trial (include a copy of the
14
deposition testimony or admission). The parties shall submit proposed
15
jury instructions jointly. If there are any instructions on which the
16
parties cannot agree, those instructions may be submitted separately;
17
(3)
18
19
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)
20
or numbers 750-1250 (defendant), including a brief statement describing
21
the substance and purpose of each exhibit and the name of the sponsoring
22
witness;
23
(5)
Exchange exhibits which shall be premarked (plaintiff shall use numbers
24
1-500; defendant shall use numbers 750-1250) and tabbed. Exhibits shall
25
be three-hole punched and shall be submitted in binders. Each exhibit
26
shall be marked on the front page or on the back of the last page with the
27
information contained in Exhibit A to this Order; and
28
(6)
Deliver two sets of all premarked exhibits to chambers (exhibits are not
to be filed). The two sets of premarked exhibits shall be for Court use
6
1
only. The parties shall bring a third set of their trial exhibits to trial to
2
present to witnesses.
3
No party shall be permitted to call any witness or offer any exhibit in its case in chief that is not
4
disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the Court, by the
5
above deadline, without leave of the Court and for good cause.
6
d.
At least ten (10) days prior to the pretrial conference, after meeting and
(1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any objections
9
to non-expert witnesses; (3) any objection to proposed voir dire questions, jury instructions and verdict
10
forms that the parties have been unable in good faith to resolve; (4) any opposition to a motion in limine.
11
For the Northern District of California
conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and file:
8
United States District Court
7
No replies shall be filed.
12
13
e.
6.
14
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
15
the Court. Any voir dire questions on which counsel cannot agree may be submitted separately.
16
Counsel shall be allowed brief follow-up voir dire after the Court's questioning.
17
b.
The following jury instructions from the Manual of Model Civil Jury Instructions
18
for the Ninth Circuit (2007 Edition) shall be given absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11.
19
Counsel shall submit jointly an agreed upon set of case specific instructions, using the Ninth Circuit
20
Manual where appropriate. Do not submit duplicates of those listed above. Any instructions on which
21
counsel cannot agree may be submitted separately. Each requested instruction shall be typed in full on
22
a separate page with citations to the authority upon which it is based and a reference to the party
23
submitting it. A second blind copy of each instruction and verdict form shall also be submitted,
24
omitting the citation to authority and the reference to the submitting party.
25
7.
All documents filed with the Clerk of the Court shall list the civil case number followed
26
by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies shall
27
be three-hole punched at the left side, suitable for insertion into standard binders. In addition, all
28
proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be accompanied by
7
1
a diskette containing a copy of the document formatted in WordPerfect 6.1, 7, 8, 9 or 10 (Windows) or
2
8.0 (Windows).
3
4
5
6
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: May 29, 2014
_______________________________________
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:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, 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:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, 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:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, 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:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, Deputy Clerk
------------------------------------------------------
------------------------------------------------------
------------------------------------------------------
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?