A&C Catalysts, Inc. v. Raymat Materials, Inc.

Filing 25

CASE MANAGEMENT ORDER AND DENYING SEALING MOTION. Discovery due by 11/24/2014. Jury Trial set for 12/15/2014 07:30 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. Motions in Limine due by 12/1/2014. Daubert Motions due by 12/8/2014. Pretrial Conference set for 12/11/2014 02:00 PM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on November 12, 2014. (whalc1, COURT STAFF) (Filed on 11/12/2014) .

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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A&C CATALYSTS, INC.,
United States District Court
For the Northern District of California

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No. C 14-04122 WHA

Plaintiff,
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v.
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CASE MANAGEMENT ORDER
AND DENYING SEALING
MOTION

RAYMAT MATERIALS, INC.,
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Defendant.
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RAYMAT MATERIALS, INC.,
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Counter-Plaintiff,

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v.
A&C CATALYSTS, INC.,
Counter-Defendant.
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Raymat Materials, Inc. v. A&C Catalysts, Inc., No. 3:13-cv-00567-WHA, was filed in

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February 2013. Trial was set for June 30, 2014. On June 11, the parties filed a stipulation of

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dismissal. The file was closed.

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On September 11, A&C Catalysts, Inc. commenced this action to enforce the settlement
agreement. Raymat Materials, Inc. filed an answer and counterclaim.
After a case management conference, the Court enters the following order pursuant to
Rule 16 of the Federal Rules of Civil Procedure (“FRCP”) and Civil Local Rule 16-10:

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1.

All initial disclosures under FRCP 26 must be completed by NOVEMBER 13, 2014, AT

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NOON, on pain of preclusion under FRCP 37(c), including full and faithful compliance

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with FRCP 26(a)(1)(A)(iii).

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2.

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Each side will be limited to only THREE DEPOSITIONS. Each deposition shall begin at
9:00 a.m. and continue (with the minimum number of reasonable breaks) until 5:00 p.m.

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The deposition of James Turner shall occur on NOVEMBER 19. The deposition of
Abraham Goldstein shall occur on NOVEMBER 20. The deposition of Jibing Lin shall

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occur on NOVEMBER 21. The deposition of John Wolfe shall occur on

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NOVEMBER 24, 2014. The depositions of Mr. Goldstein and Mr. Wolfe shall take place

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United States District Court
For the Northern District of California

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at counsel for A&C Catalysts’ office. The depositions of Mr. Turner and Mr. Lin shall

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take place at counsel for Raymat’s office. These deposition dates and locations may

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only be changed by a written stipulation signed by counsel for both sides.

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4.

The non-expert discovery cut-off date shall be NOVEMBER 24, 2014.

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5.

The last date for designation of expert testimony and disclosure of full expert reports

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under FRCP 26(a)(2) as to any issue on which a party has the burden of proof

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(“opening reports”) shall be NOVEMBER 24, 2014. Opposition reports are due by

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DECEMBER 1, 2014. No reply reports. Expert discovery closes DECEMBER 5, 2014.

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6.

Pre-trial motions in limine (not to exceed five pages) must be filed by DECEMBER 1,

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2014. Oppositions must be filed by DECEMBER 4, 2014. Each side is limited to three

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pre-trial motions in limine. Daubert motions (not to exceed fifteen pages) must be filed

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by DECEMBER 8 AT NOON. Oppositions must be filed by DECEMBER 10 AT NOON.

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7.

DECEMBER 1, 2014, AT NOON.

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The parties shall file a joint statement regarding whether a jury trial is demanded by

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All pre-trial materials (except as to the oppositions to the motions in limine, Daubert

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motions, and Daubert oppositions referred to above) must be filed by

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DECEMBER 1, 2014. Please see the Guidelines For Trial and Final Pretrial Conference

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in Civil Jury Cases Before The Honorable William Alsup on the district court website.

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Chamber’s copies (with three-hole punches) are due by DECEMBER 2 AT NOON.
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9.

The FINAL PRETRIAL CONFERENCE shall be at 2:00 P.M. on DECEMBER 11, 2014.

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10.

A TRIAL shall begin on DECEMBER 15, 2014, at 7:30 A.M., in Courtroom 8, 19th Floor,

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450 Golden Gate Avenue, San Francisco, California, 94102. The trial schedule and time

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limits shall be set at the final pretrial conference.

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11.

Counsel may not stipulate around the foregoing dates without Court approval.

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12.

All filings and appearances must be made — on pain of dismissal, default or other

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sanction — unless and until a dismissal fully resolving the case is received. It will not

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be enough to inform the clerk that a settlement in principle has been reached or to lodge

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a partially executed settlement agreement or to lodge a fully executed agreement (or

United States District Court
For the Northern District of California

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dismissal) that resolves less than the entire case.
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If you have not already done so, please read and follow the “Supplemental Order to

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Order Setting Initial Case Management Conference in Civil Cases Before Judge William

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Alsup” and other orders issued by the Clerk’s office when this action was commenced.

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With respect to the final pretrial conference and trial, please read and follow the

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“Guidelines For Trial and Final Pretrial Conference in Civil Jury Cases Before The

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Honorable William Alsup.” All orders and guidelines referenced in the paragraph are

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available on the district court’s website at http://www.cand.uscourts.gov. The website

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also includes other guidelines for attorney’s fees motions and the necessary form of

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attorney time records for cases before Judge Alsup.

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The request to seal the settlement transcript in Case No. 3:13-cv-00567 is hereby
DENIED.

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IT IS SO ORDERED.

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Dated: November 12, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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