Garner v. San Francisco City and County et al

Filing 20

CASE MANAGEMENT AND PRETRIAL ORDER for Jury Trial by Magistrate Judge Elizabeth D. Laporte. The Jury Trial is scheduled to begin on 2/8/2016 at 8:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. A Pretrial Conference is set for 1/19/2016 at 2:00 PM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 3/26/2015)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
NORTHERN DISTRICT OF CALIFORNIA
7
8
9

MICHAEL WAYNE GARNER,

11
For the Northern District of California

United States District Court

10

12

Plaintiff,
v.

No. C-14-05172 EDL
CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL

CITY AND COUNTY OF SAN
FRANCISCO, et al.

13
14

Defendants.
_______________________________/

15

Following the Case Management Conference held on March 24, 2015, IT IS HEREBY

16

ORDERED THAT pursuant to Fed. R. Civ. P. 16, the following case management and pretrial order is

17

entered, provided that Plaintiff notifies the Court that he dismisses his Monell claim on or before April

18

3, 2015, as he expects to do and as discussed at the conference:

19

1.

20

TRIAL DATE
a.

Jury trial will begin on February 8, 2016 at 8:30 a.m. in Courtroom E, 15th Floor,

21

450 Golden Gate Avenue, San Francisco, CA 94102. Should a daily transcript and/or realtime reporting

22

be desired, the parties shall make arrangements with Debra Campbell, Court Reporter Supervisor, at

23

[phone] or [e-mail], at least 14 days prior to the trial date.

24
25
26

b.
2.

The length of the trial will be not more than 5 days.

DISCOVERY
a.

All non-expert discovery shall be completed no later than September 22, 2015.

27

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

28

shown. Motions to compel non-expert discovery must be filed within the time limits contained in Civil
Local Rule 26-2.

1
2

b.

Initial expert disclosures shall be made no later than November 3, 2015. Rebuttal

3

expert disclosures shall be made no later than November 17, 2015. All treating physicians who will

4

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

5

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

6

c.

All expert discovery shall be completed no later than December 8, 2015. There

7

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

8

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

9

26-2.
d.

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

11
For the Northern District of California

United States District Court

10

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

12

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

13

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

14

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

15

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

16

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

17

e.

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

18

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

19

would result in substantial savings of expense or time.

20

f.

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

21

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

22

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

23

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

24

log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and specifying separately for each

25

document or for each category of similarly situated documents:

26

1.

The name and job title or capacity of the author;

27

2.

The name and job title or capacity of each recipient;

28

2

1

3.

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

2

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

3

author(s);

4

4.

The title and description of the document;

5

5.

The subject matter addressed in the document;

6

6.

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

7

7.

The specific basis for the claim that it is privileged.

8

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

9

discovery responses are due (in a rolling production, 14 days after each set of documents is produced),
unless the parties stipulate or the Court orders otherwise in a particular case.

11
For the Northern District of California

United States District Court

10

g.

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

12

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

13

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

14

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

15

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

16

3.

17

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

18
19
20

MOTIONS

April 24, 2015.
The last day to file a motion, or stipulation and proposed order, to amend the pleadings shall
be April 24, 2015.

21

The last day for hearing dispositive motions shall be November 10, 2015. Dispositive motions

22

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

23

shall be in compliance with Civil Local Rule 7-3.

24

4.

25

The parties have been referred to mediation.

26

5.

27
28

ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE

PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on January 19, 2016 at 2:00 p.m. in Courtroom

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

3

1

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

2

shall be governed by this order.

3

b.

4

shall meet and confer regarding:

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

5

(1)

Preparation and content of the joint pretrial conference statement;

6

(2)

Preparation and exchange of pretrial materials to be served and lodged

7

pursuant to paragraph 5(c) below; and

8

(3)

9

11
For the Northern District of California

United States District Court

10

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

12

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

13

as the following supplemental information:

14

(a)

15

The Action.
(i)

Substance of the Action. A brief description of the

16

substance of claims and defenses which remain to be

17

decided.

18

(ii)

Relief Prayed. A detailed statement of all the relief

19

claimed, particularly itemizing all elements of damages

20

claimed as well as witnesses, documents or other

21

evidentiary material to be presented concerning the

22

amount of those damages.

23
24

(b)

The Factual Basis of the Action.
(i)

Undisputed Facts. A plain and concise statement of all

25

relevant facts not reasonably disputable, as well as which

26

facts parties will stipulate for incorporation into the trial

27

record without the necessity of supporting testimony or

28

exhibits.

4

1

(ii)

2

Disputed Factual Issues. A plain and concise statement
of all disputed factual issues which remain to be decided.

3

(iii)

Agreed Statement. A statement assessing whether all or

4

part of the action may be presented upon an agreed

5

statement of facts.

6

(iv)

7
8

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

(c)

Disputed Legal Issues.

disputed point of law concerning liability or relief, citing

11
For the Northern District of California

Without extended legal argument, a concise statement of each

10

United States District Court

9

supporting statutes and decisions, and any procedural or

12

evidentiary issues.

13

(d)

14

Trial Preparation.
(i)

Witnesses to Be Called.

With regard to witnesses

15

disclosed pursuant to Federal Rule of Civil Procedure

16

26(a)(3)(A), a brief statement describing the substance of

17

the testimony to be given.

18

(ii)

Estimate of Trial Time. An estimate of the number of

19

hours needed for the presentation of each party’s case,

20

indicating possible reductions in time through proposed

21

stipulations, agreed statements of facts, or expedited

22

means of presenting testimony and exhibits.

23

(iii)

Use of Discovery Responses. Designate excerpts from

24

discovery that the parties intend to present at trial, other

25

than solely for impeachment or rebuttal, from depositions

26

specifying the witness with page and line references, from

27

interrogatory answers, or from responses to requests for

28

admission.
(e)

Trial Alternatives and Options.
5

1

(i)

Settlement Discussion. A statement summarizing the

2

status of settlement negotiations and indicating whether

3

further negotiations are likely to be productive.

4

(ii)

Amendments, Dismissals. A statement of requested or

5

proposed amendments to pleadings or dismissals of

6

parties, claims or defenses.

7

(iii)

Bifurcation, Separate Trial of Issues. A statement of

8

whether bifurcation or a separate trial of specific issues is

9

feasible and desired.
(f)

Miscellaneous.

11
For the Northern District of California

United States District Court

10

Any other subjects relevant to the trial of the action or material

12

to its just, speedy and inexpensive determination.

13

(2)

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

14

regarding the qualifications or testimony of any expert witness),

15

proposed voir dire questions, jury instructions, verdict forms and excerpts

16

from discovery that will be offered at trial (include a copy of the

17

deposition testimony or admission). The parties shall submit proposed

18

jury instructions jointly. If there are any instructions on which the

19

parties cannot agree, those instructions may be submitted separately;

20

(3)

21
22

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)

23

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

24

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

25

witness;

26

(5)

Exchange exhibits which shall be premarked (plaintiff shall use numbers

27

1-500; defendant shall use numbers 750-1250) and tabbed. Exhibits shall

28

be three-hole punched and shall be submitted in binders. Each exhibit

6

1

shall be marked on the front page or on the back of the last page with the

2

information contained in Exhibit A to this Order; and

3

(6)

Deliver two sets of all premarked exhibits to chambers (exhibits are not

4

to be filed). The two sets of premarked exhibits shall be for Court use

5

only. The parties shall bring a third set of their trial exhibits to trial to

6

present to witnesses.

7

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

8

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

9

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

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

11
For the Northern District of California

United States District Court

10

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

12

(1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any objections

13

to non-expert witnesses; (3) any objection to proposed voir dire questions, jury instructions and verdict

14

forms that the parties have been unable in good faith to resolve; (4) any opposition to a motion in limine.

15

No replies shall be filed.

16
17
18

e.
6.

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

19

the Court. Any voir dire questions on which counsel cannot agree may be submitted separately.

20

Counsel shall be allowed brief follow-up voir dire after the Court's questioning.

21

b.

The following jury instructions from the Manual of Model Civil Jury Instructions

22

for the Ninth Circuit (2007 Edition) shall be given absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11.

23

Counsel shall submit jointly an agreed upon set of case specific instructions, using the Ninth Circuit

24

Manual where appropriate. Do not submit duplicates of those listed above. Any instructions on which

25

counsel cannot agree may be submitted separately. Each requested instruction shall be typed in full on

26

a separate page with citations to the authority upon which it is based and a reference to the party

27

submitting it. A second blind copy of each instruction and verdict form shall also be submitted,

28

omitting the citation to authority and the reference to the submitting party.

7

1

7.

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

2

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

3

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

4

proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be accompanied by

5

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

6

8.0 (Windows).

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: March 26, 2015
_______________________________________
ELIZABETH D. LAPORTE
United States 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

------------------------------------------------------

------------------------------------------------------

------------------------------------------------------