Del Prete v. Independence Blue Cross et al

Filing 66

CASE MANAGEMENT AND PRETRIAL ORDER for Bench Trial by Magistrate Judge Elizabeth D. Laporte. The Bench Trial shall begin 1/18/2017 at 8:30 AM before Magistrate Judge Elizabeth D. Laporte. A Pretrial Conference is set for 12/13/2016 at 2:00 PM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 3/4/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

KIRK E. DEL PRETE,

Case No. 3:14-cv-05538 EDL

Plaintiff,
CASE MANAGEMENT AND
PRETRIAL ORDER FOR BENCH
TRIAL

8
v.
9
10

INDEPENDENCE BLUE CROSS, et al.,
Defendants.

United States District Court
Northern District of California

11
12

Following the Case Management Conference held on March 1, 2016, IT IS HEREBY

13

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

14

order is entered:

15

1. TRIAL DATE
a.

16

Court trial will begin on January 18, 2017 at 8:30 a.m. in Courtroom E, 15th

17

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

18

realtime reporting be desired, the parties shall make arrangements with Debra Campbell, Court

19

Reporter Supervisor, at [phone] or [e-mail], at least 14 days

20

prior to the trial date.
b.

21

The length of the trial will be not more than 2 days.

22

2. MOTIONS

23

The opening dispositive motion must be filed no later than August 9, 2016. A combined

24

opposition and cross motion brief is due August 23, 2016. A combined reply and opposition brief

25

is due September 6, 2016. The reply is due September 13, 2016. The last day for hearing

26

dispositive motions shall be September 27, 2016. Briefing shall be in compliance with Civil Local

27

Rule 7-3.

28

1
3. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
2
The parties were referred to mediation through the Court's Alternative Dispute Resolution
3
department.
4
PRETRIAL CONFERENCE
5
a.

A pretrial conference shall be held on December 13, 2016 at 2:00 p.m. in

6
Courtroom E, 15th Floor. Each party shall attend personally or by lead counsel who will try
7
the case. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and
8
other pretrial disclosures shall be governed by this order.
9
b.

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

10
counsel shall meet and confer regarding:
11
United States District Court
Northern District of California

(1) Preparation and content of the joint pretrial conference statement;
12
(2) Preparation and exchange of pretrial materials to be served and lodged
13
pursuant to paragraph 5(c) below; and
14
(3) Settlement of the action.
15
c.

At least twenty (20) days prior to the pretrial conference, counsel and/or

16
parties shall:
17
(1)

Serve and file a joint pretrial statement that includes the pretrial

18
disclosures required by Federal Rule of Civil Procedure 26(a)(3) as
19
well as the following supplemental information:
20
(a)

The Action.

21
(i)

Substance of the Action. A brief description of the

22
substance of claims and defenses which remain to be
23
decided.
24
(ii)

Relief Prayed. A detailed statement of all the relief

25
claimed, particularly itemizing all elements of damages
26
claimed as well as witnesses, documents or other evidentiary
27
28

2

1
material to be presented concerning the amount of those
2
damages.
3
(b)

The Factual Basis of the Action.

4
(i)

Undisputed Facts. A plain and concise statement of

5
all relevant facts not reasonably disputable, as well as which
6
facts parties will stipulate for incorporation into the trial
7
record without the necessity of supporting testimony or
8
exhibits.
9
(ii)

Disputed Factual Issues. A plain and concise

10
statement of all disputed factual issues which remain to be
11
United States District Court
Northern District of California

decided.
12
(iii)

Agreed Statement. A statement assessing whether all

13
or part of the action may be presented upon an agreed
14
statement of facts.
15
(iv)

Stipulations. A statement of stipulations requested or

16
proposed for pretrial or trial purposes.
17
(c)

Disputed Legal Issues.

18
Without extended legal argument, a concise statement of
19
each disputed point of law concerning liability or relief,
20
citing supporting statutes and decisions, and any procedural
21
or evidentiary issues.
22
(d)

Trial Preparation.

23
(i)

Witnesses to Be Called. With regard to witnesses

24
disclosed pursuant to Federal Rule of Civil Procedure
25
26(a)(3)(A), a brief statement describing the substance of the
26
testimony to be given.
27
28

3

1
(ii)

Estimate of Trial Time. An estimate of the number

2
of hours needed for the presentation of each party's
3
case, indicating possible reductions in time through
4
proposed stipulations, agreed statements of facts, or
5
expedited means of presenting testimony and
6
exhibits.
7
(iii)

Use of Discovery Responses. Designate excerpts

8
from discovery that the parties intend to present at
9
trial, other than solely for impeachment or rebuttal,
10
from depositions specifying the witness with page
11
United States District Court
Northern District of California

and line references, from interrogatory answers, or
12
from responses to requests for admission.
13
(e)

Trial Alternatives and Options.

14
(i)

Settlement Discussion. A statement summarizing the

15
status of settlement negotiations and indicating
16
whether further negotiations are likely to be
17
productive.
18
(ii)

Amendments, Dismissals. A statement of requested

19
or proposed amendments to pleadings or dismissals
20
of parties, claims or defenses.
21
(iii)

Bifurcation, Separate Trial of Issues. A statement of

22
whether bifurcation or a separate trial of specific
23
issues is feasible and desired.
24
(f)

Miscellaneous.

25
Any other subjects relevant to the trial of the action or
26
material to its just, speedy and inexpensive determination.
27
28

4

1
(2)

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

2
regarding the qualifications or testimony of any expert witness), and
3
excerpts from discovery that will be offered at trial (include a copy
4
of the deposition testimony or admission), and joint proposed
5
findings of fact and conclusions of law. The findings of fact shall
6
set forth in simple, declarative sentences, separately numbered, all
7
factual contentions relied upon by the party in support of its claims
8
for relief and shall be free of pejorative language and argument.
9
Counsel shall submit separately their disputed findings of fact and
10
conclusions of law. Counsel shall deliver to chambers a copy of
11
United States District Court
Northern District of California

their proposed findings of fact and conclusions of law on a computer
12
diskette compatible with WordPerfect 6.1, 7, 8, 9, 10 or 8.0 for
13
Windows.
14
(3)

Serve and file an exhibit setting forth the qualifications and

15
experience of each expert witness;
16
(4)

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

17
(plaintiff) or numbers 750-1250 (defendant), including a brief
18
statement describing the substance and purpose of each exhibit and
19
the name of the sponsoring witness;
20
(5)

Exchange exhibits which shall be premarked (plaintiff shall use

21
numbers 1-500; defendant shall use numbers 750-1250) and tabbed.
22
Exhibits shall be three-hole punched and shall be submitted in
23
binders. Each exhibit shall be marked on the front page or on the
24
back of the last page with the information contained in Exhibit A to
25
this Order; and
26
(6)

Deliver two sets of all premarked exhibits to chambers (exhibits are

27
28

5

1
not to be filed). The two sets of premarked exhibits shall be for
2
Court use only. The parties shall bring a third set of their trial
3
exhibits to trial to witnesses.
4
No party shall be permitted to call any witness or offer any exhibit in its case in chief that
5
is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the
6
Court, by the above deadline, without leave of the Court and for good cause.
7
d.

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

8
conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and
9
file: (1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any
10
objections to non-expert witnesses; (3) any opposition to a motion in limine. No replies shall be
11
United States District Court
Northern District of California

filed.
12
e.

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

13
conference.
14
6. All documents filed with the Clerk of the Court shall list the civil case number followed
15
by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies
16
shall be three-hole punched at the left side, suitable for insertion into standard binders. In
17
addition, all motions in limine, forms of verdict and trial briefs shall be accompanied by a diskette
18
containing a copy of the document formatted in WordPerfect 6.1, 7, 8, 9, or 10 (Windows) or 8.0
19
(Windows).
20
IT IS SO ORDERED.
21
Dated: March 4, 2016
22
23

______________________________________
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28

6

1
EXHIBIT A
2
3

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:

5

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

6

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

7

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:________________________

12

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

13

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

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

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

14

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

15

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

21

Case Number:

Case Number:

Case Number:

22

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

23

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

24

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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

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

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

4

8
9
10

United States District Court
Northern District of California

11

16
17
18
19
20

25
26
27
28

7