Babbitt v. City of San Leandro et al

Filing 25

CASE MANAGEMENT AND PRETRIAL ORDER for Jury Trial by Magistrate Judge Elizabeth D. Laporte. Further Case Management Conference is set for 8/16/2016 at 10:00 AM in Courtroom D, 15th Floor, San Francisco. 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. The Jury Trial shall begin on 1/9/2017 at 8:30 AM in Courtroom D, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 10/27/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DOUGLAS BABBITT,

Case No. 3:15-cv-03247 EDL

Plaintiff,
CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL

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v.
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CITY OF SAN LEANDRO, et al.,
Defendant.

United States District Court
Northern District of California

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Following the Case Management Conference held on October 21, 2015, IT IS HEREBY
ORDERED THAT:
A further case management conference is set for August 16, 2016 at 10:00 a.m. before

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Magistrate Judge Laporte in Courtroom E, 15th floor, U.S. District Court, 450 Golden Gate

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Avenue, San Francisco, California. An updated joint case management conference statement shall

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be filed no later than August 9, 2015.

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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:
1. TRIAL DATE
a.

Jury trial will begin on January 9, 2017 at 8:30 a.m. in Courtroom E, 15th

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

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

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

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prior to the trial date.

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b.

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

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2. DISCOVERY

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a.

All non-expert discovery shall be completed no later than July 26, 2016.

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There will be no further non-expert discovery after that date except by order of the Court for good
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cause shown. Motions to compel non-expert discovery must be filed within the time limits
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contained in Civil Local Rule 26-2.
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b.

Each party may propound 50 interrogatories and 50 requests for admission

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on each opposing party.
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c.

Initial expert disclosures shall be made no later than September 23, 2016.

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Rebuttal expert disclosures shall be made no later than October 7, 2016. All treating physicians
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who will provide opinion testimony beyond that which can be provided by a lay person must be
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disclosed as expert witnesses, but they need not prepare expert reports unless ordered to do so by
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the Court.
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d.

All expert discovery shall be completed no later than October 21, 2016.

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There will be no further expert discovery after that date except by order of the Court for good
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cause shown. Motions to compel expert discovery must be filed within the time limits contained
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in Civil Local Rule 26-2.
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e.

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
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responses to discovery requests under the circumstances itemized in that Rule, and when ordered
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by the Court. The Court expects that the parties will supplement and/or correct their disclosures
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promptly when required under that Rule, without the need for a request from opposing counsel.
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In addition to the general requirements of Rule 26(e)(1), the parties will supplement and/or
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correct all previously made disclosures and discovery responses 28 days before the fact
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discovery cutoff date.
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f.

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

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resolve disputes during a discovery event, such as a deposition, where the resolution during the
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event likely would result in substantial savings of expense or time.
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g.

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

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discovery request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by
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claiming that it is privileged, or protected from discovery under the attorney work product doctrine
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or any other protective doctrine (including, but not limited to, privacy rights), that party shall
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prepare a "privilege log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and
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specifying separately for each document or for each category of similarly situated documents:
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1. 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.
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The privilege log will be produced as quickly as possible, but no later than 14 days after
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the discovery responses are due (in a rolling production, 14 days after each set of documents is
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produced), unless the parties stipulate or the Court orders otherwise in a particular case.
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h.

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
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on all other parties the full extent to which they will produce materials and shall, promptly after
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the production, confirm in writing that they have produced all such materials so described that are
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locatable after a diligent search of all locations at which such materials might plausibly exist.
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3. MOTIONS
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The last day to file a motion, or stipulation and proposed order, to join other parties shall
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be December 21, 2015.
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The last day to file a motion, or stipulation and proposed order, to amend the pleadings
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shall be December 21, 2015.
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The last day for hearing dispositive motions shall be September 13, 2016. Dispositive
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motions shall be served and filed no later than thirty-five (35) days prior to the scheduled hearing
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date. Briefing shall be in compliance with Civil Local Rule 7-3.
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4. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
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The parties have been referred to Early Neutral Evaluation to be completed by January 28,
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2016.
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5. PRETRIAL CONFERENCE
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a.

A pretrial conference shall be held on December 13, 2016 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
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the case. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and
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other pretrial disclosures shall be governed by this order.
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b.

By no later than November 1, 2016, lead counsel shall meet and confer

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regarding:
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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
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pursuant to paragraph 5(c) below; and
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(3) Settlement of the action.
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c.

By no later than November 11, 2016, counsel and/or

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parties shall:
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(1)

Serve and file a joint pretrial statement that includes the pretrial

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

The Action.

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(i)

Substance of the Action. A brief description of the

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

Relief Prayed. A detailed statement of all the relief

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claimed, particularly itemizing all elements of damages
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claimed as well as witnesses, documents or other evidentiary
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material to be presented concerning the amount of those
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damages.
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(b)

The Factual Basis of the Action.

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(i)

Undisputed Facts. A plain and concise statement of

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

Disputed Factual Issues. A plain and concise

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statement of all disputed factual issues which remain to be
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decided.
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(iii)

Agreed Statement. A statement assessing whether all

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

Stipulations. A statement of stipulations requested or

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proposed for pretrial or trial purposes.
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(c)

Disputed Legal Issues.

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

Trial Preparation.

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(i)

Witnesses to Be Called. With regard to witnesses

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

Estimate of Trial Time. An estimate of the number

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

Use of Discovery Responses. Designate excerpts

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from discovery that the parties intend to present at
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trial, other than solely for impeachment or rebuttal,
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from depositions specifying the witness with page
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and line references, from interrogatory answers, or
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from responses to requests for admission.
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(e)

Trial Alternatives and Options.

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(i)

Settlement Discussion. A statement summarizing the

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

Amendments, Dismissals. A statement of requested

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

Bifurcation, Separate Trial of Issues. A statement of

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

Miscellaneous.

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Any other subjects relevant to the trial of the action or
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material to its just, speedy and inexpensive determination.
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(2)

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

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regarding the qualifications or testimony of any expert witness),
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proposed voir dire questions, jury instructions, verdict forms and
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excerpts from discovery that will be offered at trial (include a copy
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of the deposition testimony or admission). The parties shall submit
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proposed jury instructions jointly. If there are any instructions on
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which the parties cannot agree, those instructions may be submitted
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separately;
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(3)

Serve and file an exhibit setting forth the qualifications and

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experience of each expert witness;
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(4)

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

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

Exchange exhibits which shall be premarked (plaintiff shall use

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numbers 1-500; 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 front page or on
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the back of the last page with the information contained in Exhibit A to this Order; and
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(6)

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

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not to be filed). The two sets of premarked exhibits shall be for Court use only. The parties shall
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bring a third set of their trial exhibits to trial 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
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is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the
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Court, by the above deadline, without leave of the Court and for good cause.
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d.

By no later than November 23, 2016, after meeting and conferring in a

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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 the use of deposition excerpts or other discovery; (2) any objections to
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non-expert witnesses; (3) any objection to proposed voir dire questions, jury instructions and
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verdict forms that the parties have been unable in good faith to resolve; (4) any opposition to a
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motion in limine. No replies shall be filed.
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e.

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

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conference.
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6.

JURY TRIAL

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Northern District of California

a.

Counsel shall submit an agreed upon set of voir dire questions to be posed

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by the Court. Any voir dire questions on which counsel cannot agree may be submitted
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separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning.
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b.

The following jury instructions from the Manual of Model Civil Jury

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Instructions for the Ninth Circuit (2007 Edition) shall be given absent objection: 1.1-1.2, 1.6-1.14,
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1.18, 2.11. Counsel shall submit jointly an agreed upon set of case specific instructions, using the
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Ninth Circuit Manual where appropriate. Do not submit duplicates of those listed above. Any
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instructions on which counsel cannot agree may be submitted separately. Each requested
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instruction shall be typed in full on a separate page with citations to the authority upon which it is
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based and a reference to the party submitting it. A second blind copy of each instruction and
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verdict form shall also be submitted, omitting the citation to authority and the reference to the
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submitting party.
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7. All documents filed with the Clerk of the Court shall list the civil case number followed
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by the initials "EDL." One copy shall 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
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addition, all proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be
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accompanied by a diskette containing a copy of the document formatted in WordPerfect 6.1, 7, 8,
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9, or 10 (Windows) or 8.0 (Windows).
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IT IS SO ORDERED.
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Dated: October 27, 2015
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______________________________________
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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EXHIBIT A

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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

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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:

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PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

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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

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United States District Court
Northern District of California

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Case Number:

Case Number:

Case Number:

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PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

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Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

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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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