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)

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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 (415) 522-2079 or Debra_Campbell@cand.uscourts.gov, 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 ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------

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