Chester v. Bimbo Bakeries USA, Inc.

Filing 18

CASE MANAGEMENT AND PRETRIAL ORDER by Chief Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 7/28/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL CHESTER,

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Plaintiff,

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For the Northern District of California

United States District Court

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v.

No. C-14-01632 EDL
CASE MANAGEMENT
AND PRETRIAL ORDER
FOR COURT TRIAL

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BIMBO BAKERIES USA, INC.
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Defendant.
________________________________/

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Following the Case Management Conference held on July 22, 2014, IT IS HEREBY ORDERED
THAT:

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A further case management conference is set for October 21, 2014 at 3:00 p.m. before Magistrate

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Judge Laporte in Courtroom E, 15th Floor, U.S. District Court, 450 Golden Gate Avenue, San

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Francisco, California. An updated joint case management conference statement shall be filed no later

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than October 14, 2014.

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Pursuant to Fed. R. Civ. P. 16, IT IS FURTHER ORDERED THAT the following case
management and pretrial order is entered:
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TRIAL DATE
a.

Jury trial shall begin on November 2, 2015 at 8:30 a.m. in Courtroom E, 15th

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Floor, U.S. District Court, 450 Golden Gate Avenue, San Francisco, California. Should a daily

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transcript and/or realtime reporting be desired, the parties shall make arrangements with Debra

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Campbell, Court Reporter Supervisor, at [phone] or [e-mail], at

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least 14 days prior to the trial date.
b.

The length of the trial will be not more than 7 days.

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2.

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DISCOVERY
a.

All non-expert discovery shall be completed no later than May 8, 2015. There

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will be no further non-expert discovery after that date except by order of the Court for good cause

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shown. Motions to compel non-expert discovery must be filed within the time limits contained in Civil

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Local Rule 26-2.

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b.

Initial expert disclosures shall be made no later than April 8, 2015. Rebuttal

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expert disclosures shall be made no later than April 29, 2015. All treating physicians who will provide

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opinion testimony beyond that which can be provided by a lay person must be disclosed as expert

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witnesses, but they need not prepare expert reports unless ordered to do so by the Court.
c.

All expert discovery shall be completed no later than May 22, 2015. There will

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be no further expert discovery after that date except by order of the Court for good cause shown.

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Motions to compel expert discovery must be filed within the time limits contained in Civil Local Rule

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26-2.

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d.

Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to

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supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and responses to

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discovery requests under the circumstances itemized in that Rule, and when ordered by the Court. The

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Court expects that the parties will supplement and/or correct their disclosures promptly when required

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under that Rule, without the need for a request from opposing counsel. In addition to the general

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requirements of Rule 26(e)(1), the parties will supplement and/or correct all previously made

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disclosures and discovery responses 28 days before the fact discovery cutoff date.

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e.

Pursuant to Civil L.R. 37-1(b), telephone conferences are available to resolve

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disputes during a discovery event, such as a deposition, where the resolution during the event likely

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would result in substantial savings of expense or time.

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f.

Privilege logs. If a party withholds information that is responsive to a discovery

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request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by claiming that it

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is privileged, or protected from discovery under the attorney work product doctrine or any other

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protective doctrine (including, but not limited to, privacy rights), that party shall prepare a "privilege

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log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and specifying separately for each
document or for each category of similarly situated documents:
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The name and job title or capacity of the author;

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2.

The name and job title or capacity of each recipient;

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3.

The date the document was prepared and, if different, the date(s)

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on which it was sent to or shared with persons other than its

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author(s);

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4.

The title and description of the document;

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5.

The subject matter addressed in the document;

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6.

The purpose(s) for which it was prepared or communicated; and

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7.

The specific basis for the claim that it is privileged.

The privilege log will be produced as quickly as possible, but no later than 14 days after the

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discovery responses are due (in a rolling production, 14 days after each set of documents is produced),

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unless the parties stipulate or the Court orders otherwise in a particular case.

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g.

In responding to requests for documents and materials under Rule 34 of the

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Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served on all

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other parties the full extent to which they will produce materials and shall, promptly after the

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production, confirm in writing that they have produced all such materials so described that are locatable

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after a diligent search of all locations at which such materials might plausibly exist.

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3.

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The last day to file a motion, or stipulation and proposed order, to join other parties shall be

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MOTIONS

August 5, 2014.
The last day to file a motion, or stipulation and proposed order, to amend the pleadings shall
be August 5, 2014.

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The last day for hearing dispositive motions shall be August 4, 2015. Dispositive motions shall

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be served and filed no later than thirty-five (35) days prior to the scheduled hearing date. Briefing shall

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be in compliance with Civil Local Rule 7-3.

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4.

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The Court refers this case to the Alternative Dispute Resolution Unit for a telephone conference

ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE

to assess this case’s suitability for mediation or a settlement conference.
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5.

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PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on October 13, 2015 at 2:00 p.m. in

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Courtroom E, 15th Floor. Each party shall attend personally or by lead counsel who will try the

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case. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial

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disclosures shall be governed by this order.

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b.

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shall meet and confer regarding:

At least thirty (30) days prior to the date of the pretrial conference, lead counsel

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(1)

Preparation and content of the joint pretrial conference statement;

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(2)

Preparation and exchange of pretrial materials to be served and lodged
pursuant to paragraph 5(c) below; and

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(3)

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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 disclosures

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required by Federal Rule of Civil Procedure 26(a)(3) as well as the following

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supplemental information:

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(a)

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The Action.
(i)

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Substance of the Action. A brief description of the substance of
claims and defenses which remain to be decided.

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(ii)

Relief Prayed. A detailed statement of all the relief claimed,

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particularly itemizing all elements of damages claimed as well as

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witnesses, documents or other evidentiary material to be

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presented concerning the amount of those damages.

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(b)

The Factual Basis of the Action.
(i)

Undisputed Facts. A plain and concise statement of all relevant

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facts not reasonably disputable, as well as which facts parties will

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stipulate for incorporation into the trial record without the

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necessity of supporting testimony or exhibits.

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(ii)

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disputed factual issues which remain to be decided.

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(iii)

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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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(iv)

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Disputed Factual Issues. A plain and concise statement of all

Stipulations. A statement of stipulations requested or proposed
for pretrial or trial purposes.

(c)

Disputed Legal Issues.

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Without extended legal argument, a concise statement of each disputed

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point of law concerning liability or relief, citing supporting statutes and

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decisions, and any procedural or evidentiary issues.
(d)

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Trial Preparation.
(i)

Witnesses to Be Called. With regard to witnesses disclosed

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pursuant to Federal Rule of Civil Procedure 26(a)(3)(A), a brief

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statement describing the substance of the testimony to be given.

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(ii)

Estimate of Trial Time. An estimate of the number of hours

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needed for the presentation of each party's case, indicating

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possible reductions in time through proposed stipulations, agreed

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statements of facts, or expedited means of presenting testimony

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and exhibits.

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(iii)

Use of Discovery Responses. Designate excerpts from discovery

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that the parties intend to present at trial, other than solely for

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impeachment or rebuttal, from depositions specifying the witness

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page and line references, from interrogatory answers, or from

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responses to requests for admission.

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(e)

Trial Alternatives and Options.
(i)

Settlement Discussion. A statement summarizing the status of

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settlement

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negotiations are likely to be productive.

negotiations

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and

indicating

whether

further

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(ii)

Amendments, Dismissals. A statement of requested or proposed

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amendments to pleadings or dismissals of parties, claims or

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defenses.

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(iii)

Bifurcation, Separate Trial of Issues. A statement of whether

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bifurcation or a separate trial of specific issues is feasible and

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desired.

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(f)

Miscellaneous.

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Any other subjects relevant to the trial of the action or material to its just,

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speedy and inexpensive determination.
(2)

Serve and file trial briefs, motions in limine (including any motion regarding the

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qualifications or testimony of any expert witness), excerpts from discovery that

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will be offered at trial (including a copy of the deposition testimony or

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admission), and joint proposed findings of fact and conclusions of law. The

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findings of fact shall set forth in simple, declarative sentences, separately

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numbered, all factual contentions relied upon by the party in support of its claims

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for relief and shall be free of pejorative language and argument. Counsel shall

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submit separately their disputed findings of fact and conclusions of law. Counsel

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shall deliver to chambers a copy of their proposed findings of fact and

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conclusions of law on a computer diskette compatible with WordPerfect 6.1, 7,

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8, 9 or 10 or 8.0 for Windows.

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(3)

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Serve and file an exhibit setting forth the qualifications and experience for each
expert witness;

(4)

Serve and file a list of each party's exhibits by numbers 1-500 (plaintiff) or

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numbers 750-1250 (defendant), including a brief statement describing the

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substance and purpose of each exhibit and the name of the sponsoring witness;

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(5)

Exchange exhibits which shall be prepared (plaintiff shall use numbers 1-500;

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defendant shall use numbers 750-1250) and tabbed. Exhibits shall be three-hole

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punched and shall be submitted in binders. Each exhibit shall be marked on the

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front page or on the back of the last page with the information contained in

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Exhibit A to this Order; and

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(6)

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The two sets of premarked exhibits shall be for Court use only. The parties shall
bring a third set of their trial exhibits to trial to present to witnesses.

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No party shall be permitted to call any witness or offer any exhibit in its case in chief that is not

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disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the Court, by the

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above deadline, without leave of the Court and for good cause.

in a good faith attempt to resolve any objections, counsel and/or parties shall serve and file: (1) any

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objections to exhibits or to use of deposition excerpts or other discovery; (2) any objections to non-

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For the Northern District of California

d. At least ten (10) days prior to the pretrial conference, after meeting and conferring

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United States District Court

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expert witnesses; (3) any opposition to a motion in limine. No replies shall be filed.

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e.
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All motions in limine and objections shall be heard at the pretrial conference.

All documents filed with the Clerk of the Court shall list the civil case number followed

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only by the initials "EDL." One copy must be clearly marked as a chambers copy. Chambers' copies

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shall be three-hole punched at the left side, suitable for insertion into standard binders. In addition, all

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motions in limine, trial briefs, and findings of fact and conclusions of law shall be accompanied by a

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diskette containing a copy of the document formatted in WordPerfect 6.1, 7, 8, 9 or 10 (Windows) or

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8.0 (Windows).

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Dated: July 28, 2014
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ELIZABETH D. LAPORTE
United States Chief Magistrate Judge

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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

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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

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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

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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

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