GSC Logistics, Inc v. China Shipping (North America) Agency Co., Inc.

Filing 28

CASE MANAGEMENT AND PRETRIAL ORDER for Jury Trial by Magistrate Judge Elizabeth D. Laporte. A Pretrial Conference is set for 11/8/2016 at 2:00 PM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. The Jury Trial shall begin 12/5/2016 at 8:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte.(shyS, COURT STAFF) (Filed on 12/17/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GSC LOGISTICS, INC. Case No. 15-cv-03761 EDL Plaintiff, CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL 8 v. 9 10 United States District Court Northern District of California 11 12 CHINA SHIPPING (NORTH AMERICA) AGENCY CO., INC., Defendant. Following the Case Management Conference held on December 15, 2015, IT IS HEREBY 13 ORDERED THAT pursuant to Fed. R. Civ. P. 16, the following case management and pretrial 14 order is entered: 15 16 1. TRIAL DATE a. Jury trial will begin on December 5, 2016 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 (415) 522-2079 or Debra_Campbell@cand.uscourts.gov, at least 14 days 20 prior to the trial date. 21 b. 22 2. DISCOVERY 23 a. The length of the trial will be not more than 4 days. All non-expert discovery shall be completed no later than June 24, 2016. 24 There will be no further non-expert discovery after that date except by order of the Court for good 25 cause shown. Motions to compel non-expert discovery must be filed within the time limits 26 contained in Civil Local Rule 26-2. 27 b. The parties shall complete initial disclosures by January 15, 2016. 28 c. Initial expert disclosures shall be made no later than August 16, 2016. 1 Rebuttal expert disclosures shall be made no later than September 6, 2016. All treating physicians 2 who will provide opinion testimony beyond that which can be provided by a lay person must be 3 disclosed as expert witnesses, but they need not prepare expert reports unless ordered to do so by 4 the Court. 5 d. All expert discovery shall be completed no later than July 29, 2016. There 6 will be no further expert discovery after that date except by order of the Court for good cause 7 shown. Motions to compel expert discovery must be filed within the time limits contained in Civil 8 Local Rule 26-2. 9 e. Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to 10 supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and 11 United States District Court Northern District of California responses to discovery requests under the circumstances itemized in that Rule, and when ordered 12 by the Court. The Court expects that the parties will supplement and/or correct their disclosures 13 promptly when required under that Rule, without the need for a request from opposing counsel. 14 In addition to the general requirements of Rule 26(e)(1), the parties will supplement and/or 15 correct all previously made disclosures and discovery responses 28 days before the fact 16 discovery cutoff date. 17 f. Pursuant to Civil L.R. 37-1(b), telephone conferences are available to 18 resolve disputes during a discovery event, such as a deposition, where the resolution during the 19 event likely would result in substantial savings of expense or time. 20 g. Privilege logs. If a party withholds information that is responsive to a 21 discovery request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by 22 claiming that it is privileged, or protected from discovery under the attorney work product doctrine 23 or any other protective doctrine (including, but not limited to, privacy rights), that party shall 24 prepare a "privilege log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and 25 specifying separately for each document or for each category of similarly situated documents: 26 1. The name and job title or capacity of the author; 27 28 2 1 2. The name and job title or capacity of each recipient; 2 3. The date the document was prepared and, if different, the date(s) 3 on which it was sent to or shared with persons other than its 4 author(s); 5 4. The title and description of the document; 6 5. The subject matter addressed in the document; 7 6. The purpose(s) for which it was prepared or communicated; and 8 7. The specific basis for the claim that it is privileged. 9 The privilege log will be produced as quickly as possible, but no later than 14 days after 10 the discovery responses are due (in a rolling production, 14 days after each set of documents is 11 United States District Court Northern District of California produced), unless the parties stipulate or the Court orders otherwise in a particular case. 12 h. In responding to requests for documents and materials under Rule 34 of the 13 Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served 14 on all other parties the full extent to which they will produce materials and shall, promptly after 15 the production, confirm in writing that they have produced all such materials so described that are 16 locatable after a diligent search of all locations at which such materials might plausibly exist. 17 3. MOTIONS 18 The last day to file a motion, or stipulation and proposed order, to join other parties shall 19 be January 5, 2016. 20 The last day to file a motion, or stipulation and proposed order, to amend the pleadings 21 shall be April 15, 2016. 22 The last day for hearing dispositive motions shall be August 30, 2016. Dispositive 23 motions shall be served and filed no later than thirty-five (35) days prior to the scheduled hearing 24 date. Briefing shall be in compliance with Civil Local Rule 7-3. 25 4. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE 26 This matter was referred to Early Neutral Evaluation. 27 28 3 1 5. PRETRIAL CONFERENCE 2 a. A pretrial conference shall be held on November 8, 2016 at 2:00 p.m. in 3 Courtroom E, 15th Floor. Each party shall attend personally or by lead counsel who will try 4 the case. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and 5 other pretrial disclosures shall be governed by this order. 6 b. At least thirty (30) days prior to the date of the pretrial conference, lead 7 counsel shall meet and confer regarding: 8 (1) Preparation and content of the joint pretrial conference statement; 9 (2) Preparation and exchange of pretrial materials to be served and lodged 10 pursuant to paragraph 5(c) below; and 11 United States District Court Northern District of California (3) Settlement of the action. 12 c. At least twenty (20) days prior to the pretrial conference, counsel and/or 13 parties shall: 14 (1) Serve and file a joint pretrial statement that includes the pretrial 15 disclosures required by Federal Rule of Civil Procedure 26(a)(3) as 16 well as the following supplemental information: 17 (a) The Action. 18 (i) Substance of the Action. A brief description of the 19 substance of claims and defenses which remain to be 20 decided. 21 (ii) Relief Prayed. A detailed statement of all the relief 22 claimed, particularly itemizing all elements of damages 23 claimed as well as witnesses, documents or other evidentiary 24 material to be presented concerning the amount of those 25 damages. 26 (b) The Factual Basis of the Action. 27 28 4 1 (i) Undisputed Facts. A plain and concise statement of 2 all relevant facts not reasonably disputable, as well as which 3 facts parties will stipulate for incorporation into the trial 4 record without the necessity of supporting testimony or 5 exhibits. 6 (ii) Disputed Factual Issues. A plain and concise 7 statement of all disputed factual issues which remain to be 8 decided. 9 (iii) Agreed Statement. A statement assessing whether all 10 or part of the action may be presented upon an agreed 11 United States District Court Northern District of California statement of facts. 12 (iv) Stipulations. A statement of stipulations requested or 13 proposed for pretrial or trial purposes. 14 (c) Disputed Legal Issues. 15 Without extended legal argument, a concise statement of 16 each disputed point of law concerning liability or relief, 17 citing supporting statutes and decisions, and any procedural 18 or evidentiary issues. 19 (d) Trial Preparation. 20 (i) Witnesses to Be Called. With regard to witnesses 21 disclosed pursuant to Federal Rule of Civil Procedure 22 26(a)(3)(A), a brief statement describing the substance of the 23 testimony to be given. 24 (ii) Estimate of Trial Time. An estimate of the number 25 of hours needed for the presentation of each party's 26 case, indicating possible reductions in time through 27 28 5 1 proposed stipulations, agreed statements of facts, or 2 expedited means of presenting testimony and 3 exhibits. 4 (iii) Use of Discovery Responses. Designate excerpts 5 from discovery that the parties intend to present at 6 trial, other than solely for impeachment or rebuttal, 7 from depositions specifying the witness with page 8 and line references, from interrogatory answers, or 9 from responses to requests for admission. 10 (e) Trial Alternatives and Options. 11 United States District Court Northern District of California (i) Settlement Discussion. A statement summarizing the 12 status of settlement negotiations and indicating 13 whether further negotiations are likely to be 14 productive. 15 (ii) Amendments, Dismissals. A statement of requested 16 or proposed amendments to pleadings or dismissals 17 of parties, claims or defenses. 18 (iii) Bifurcation, Separate Trial of Issues. A statement of 19 whether bifurcation or a separate trial of specific 20 issues is feasible and desired. 21 (f) Miscellaneous. 22 Any other subjects relevant to the trial of the action or 23 material to its just, speedy and inexpensive determination. 24 (2) Serve and file trial briefs, motions in limine (including any motion 25 regarding the qualifications or testimony of any expert witness), 26 proposed voir dire questions, jury instructions, verdict forms and 27 28 6 1 excerpts from discovery that will be offered at trial (include a copy 2 of the deposition testimony or admission). The parties shall submit 3 proposed jury instructions jointly. If there are any instructions on 4 which the parties cannot agree, those instructions may be submitted 5 separately; 6 (3) Serve and file an exhibit setting forth the qualifications and 7 experience of each expert witness; 8 (4) Serve and file a list of each party's exhibits by numbers 1-500 9 (plaintiff) or numbers 750-1250 (defendant), including a brief statement describing the substance 10 and purpose of each exhibit and the name of the sponsoring witness; 11 United States District Court Northern District of California (5) Exchange exhibits which shall be premarked (plaintiff shall use 12 numbers 1-500; defendant shall use numbers 750-1250) and tabbed. Exhibits shall be three-hole 13 punched and shall be submitted in binders. Each exhibit shall be marked on the front page or on 14 the back of the last page with the information contained in Exhibit A to this Order; and 15 (6) Deliver two sets of all premarked exhibits to chambers (exhibits are 16 not to be filed). The two sets of premarked exhibits shall be for Court use only. The parties shall 17 bring a third set of their trial exhibits to trial to witnesses. 18 No party shall be permitted to call any witness or offer any exhibit in its case in chief that 19 is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the 20 Court, by the above deadline, without leave of the Court and for good cause. 21 d. At least (10) days prior to the pretrial conference, after meeting and 22 conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and 23 file: (1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any 24 objections to non-expert witnesses; (3) any objection to proposed voir dire questions, jury 25 instructions and verdict forms that the parties have been unable in good faith to resolve; (4) any 26 opposition to a motion in limine. No replies shall be filed. 27 28 7 1 e. All motions in limine and objections shall be heard at the pretrial 2 conference. 3 6. JURY TRIAL 4 a. Counsel shall submit an agreed upon set of voir dire questions to be posed 5 by the Court. Any voir dire questions on which counsel cannot agree may be submitted 6 separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning. 7 b. The following jury instructions from the Manual of Model Civil Jury 8 Instructions for the Ninth Circuit (2007 Edition) shall be given absent objection: 1.1-1.2, 1.6-1.14, 9 1.18, 2.11. Counsel shall submit jointly an agreed upon set of case specific instructions, using the 10 Ninth Circuit Manual where appropriate. Do not submit duplicates of those listed above. Any 11 United States District Court Northern District of California instructions on which counsel cannot agree may be submitted separately. Each requested 12 instruction shall be typed in full on a separate page with citations to the authority upon which it is 13 based and a reference to the party submitting it. A second blind copy of each instruction and 14 verdict form shall also be submitted, omitting the citation to authority and the reference to the 15 submitting party. 16 7. All documents filed with the Clerk of the Court shall list the civil case number followed 17 by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies 18 shall be three-hole punched at the left side, suitable for insertion into standard binders. In 19 addition, all proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be 20 accompanied by a diskette containing a copy of the document formatted in WordPerfect 6.1, 7, 8, 21 9, or 10 (Windows) or 8.0 (Windows). 22 IT IS SO ORDERED. 23 Dated: December 17, 2015 24 25 ______________________________________ ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE 26 27 28 8 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 4 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: 10 PLTF / DEFT EXHIBIT NO._____________ PLTF / DEFT EXHIBIT NO._____________ PLTF / DEFT EXHIBIT NO._____________ 11 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 5 6 7 8 United States District Court Northern District of California 9 12 13 14 Case Number: Case Number: Case Number: 15 PLTF / DEFT EXHIBIT NO._____________ PLTF / DEFT EXHIBIT NO._____________ PLTF / DEFT EXHIBIT NO._____________ 16 Date Admitted:________________________ Date Admitted:________________________ Date Admitted:________________________ 17 By:_______________________________ Stephen Ybarra, Deputy Clerk By:_______________________________ Stephen Ybarra, Deputy Clerk By:_______________________________ Stephen Ybarra, Deputy Clerk 18 ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------ 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 ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------ 19 20 21 22 23 24 25 26 27 28 9

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