Snyder v. Bank of America, N.A. et al

Filing 66

CASE MANAGEMENT AND PRETRIAL ORDER for Jury Trial by Magistrate Judge Elizabeth D. Laporte. The Jury Trial shall begin 9/18/2017 at 8:30 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. A Pretrial Conference is set for 8/29/2017 02:00 PM. (shyS, COURT STAFF) (Filed on 7/13/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PAMELA SNYDER, Case No. 15-cv-04228-EDL Plaintiff, 8 v. CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL 9 10 BANK OF AMERICA, N.A., et al., Defendants. United States District Court Northern District of California 11 12 Following the Case Management Conference held on July 6, 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 16 1. TRIAL DATE a. Jury trial will begin on September 18, 2017 at 8:30 A.M. in Courtroom E, 17 15th 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. The length of the trial will be not more than 4 days. 22 2. DISCOVERY 23 a. All non-expert discovery shall be completed no later than April 25, 2017. 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 28 b. Initial expert disclosures shall be made no later than June 2, 2017. Rebuttal expert disclosures shall be made no later than June 16, 2017. All treating physicians who will 1 provide opinion testimony beyond that which can be provided by a lay person must be disclosed 2 as expert witnesses, but they need not prepare expert reports unless ordered to do so by the Court. 3 c. All expert discovery shall be completed no later than July 18, 2017. There 4 will be no further expert discovery after that date except by order of the Court for good cause 5 shown. Motions to compel expert discovery must be filed within the time limits contained in Civil 6 Local Rule 26-2. 7 d. Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to 8 supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and 9 responses to discovery requests under the circumstances itemized in that Rule, and when ordered 10 by the Court. The Court expects that the parties will supplement and/or correct their disclosures 11 United States District Court Northern District of California promptly when required under that Rule, without the need for a request from opposing counsel. 12 In addition to the general requirements of Rule 26(e)(1), the parties will supplement and/or 13 correct all previously made disclosures and discovery responses 28 days before the fact 14 discovery cutoff date. 15 e. Pursuant to Civil L.R. 37-1(b), telephone conferences are available to 16 resolve disputes during a discovery event, such as a deposition, where the resolution during the 17 event likely would result in substantial savings of expense or time. 18 f. Privilege logs. If a party withholds information that is responsive to a 19 discovery request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by 20 claiming that it is privileged, or protected from discovery under the attorney work product doctrine 21 or any other protective doctrine (including, but not limited to, privacy rights), that party shall 22 prepare a "privilege log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and 23 specifying separately for each document or for each category of similarly situated documents: 24 1. The name and job title or capacity of the author; 25 2. The name and job title or capacity of each recipient; 26 3. The date the document was prepared and, if different, the date(s) 27 28 2 1 on which it was sent to or shared with persons other than its 2 author(s); 3 4. The title and description of the document; 4 5. The subject matter addressed in the document; 5 6. The purpose(s) for which it was prepared or communicated; and 6 7. The specific basis for the claim that it is privileged. 7 The privilege log will be produced as quickly as possible, but no later than 14 days after 8 the discovery responses are due (in a rolling production, 14 days after each set of documents is 9 produced), unless the parties stipulate or the Court orders otherwise in a particular case. 10 g. In responding to requests for documents and materials under Rule 34 of the 11 United States District Court Northern District of California Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served 12 on all other parties the full extent to which they will produce materials and shall, promptly after 13 the production, confirm in writing that they have produced all such materials so described that are 14 locatable after a diligent search of all locations at which such materials might plausibly exist. 15 3. MOTIONS 16 The last day to file a motion, or stipulation and proposed order, to join other parties shall 17 be July 30, 2016. 18 The last day to file a motion, or stipulation and proposed order, to amend the pleadings 19 shall be July 30, 2016. 20 The last day for hearing dispositive motions shall be June 13, 2017. Dispositive motions 21 shall be served and filed no later than thirty-five (35) days prior to the scheduled hearing date. 22 Briefing shall be in compliance with Civil Local Rule 7-3. 23 4. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE 24 This matter is referred for mediation through the Court's Alternative Dispute Resolution 25 department to be completed with 90 days or as soon thereafter as is possible. 26 5. PRETRIAL CONFERENCE 27 28 3 1 a. A pretrial conference shall be held on August 29, 2017 at 2:00 P.M. in 2 Courtroom E, 15th Floor. Each party shall attend personally or by lead counsel who will try 3 the case. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and 4 other pretrial disclosures shall be governed by this order. 5 b. At least thirty (30) days prior to the date of the pretrial conference, lead 6 counsel shall meet and confer regarding: 7 (1) Preparation and content of the joint pretrial conference statement; 8 (2) Preparation and exchange of pretrial materials to be served and lodged 9 pursuant to paragraph 5(c) below; and 10 (3) Settlement of the action. 11 United States District Court Northern District of California c. At least twenty (20) days prior to the pretrial conference, counsel and/or 12 parties shall: 13 (1) Serve and file a joint pretrial statement that includes the pretrial 14 disclosures required by Federal Rule of Civil Procedure 26(a)(3) as 15 well as the following supplemental information: 16 (a) The Action. 17 (i) Substance of the Action. A brief description of the 18 substance of claims and defenses which remain to be 19 decided. 20 (ii) Relief Prayed. A detailed statement of all the relief 21 claimed, particularly itemizing all elements of damages 22 claimed as well as witnesses, documents or other evidentiary 23 material to be presented concerning the amount of those 24 damages. 25 (b) The Factual Basis of the Action. 26 (i) Undisputed Facts. A plain and concise statement of 27 28 4 1 all relevant facts not reasonably disputable, as well as which 2 facts parties will stipulate for incorporation into the trial 3 record without the necessity of supporting testimony or 4 exhibits. 5 (ii) Disputed Factual Issues. A plain and concise 6 statement of all disputed factual issues which remain to be 7 decided. 8 (iii) Agreed Statement. A statement assessing whether all 9 or part of the action may be presented upon an agreed 10 statement of facts. 11 United States District Court Northern District of California (iv) Stipulations. A statement of stipulations requested or 12 proposed for pretrial or trial purposes. 13 (c) Disputed Legal Issues. 14 Without extended legal argument, a concise statement of 15 each disputed point of law concerning liability or relief, 16 citing supporting statutes and decisions, and any procedural 17 or evidentiary issues. 18 (d) Trial Preparation. 19 (i) Witnesses to Be Called. With regard to witnesses 20 disclosed pursuant to Federal Rule of Civil Procedure 21 26(a)(3)(A), a brief statement describing the substance of the 22 testimony to be given. 23 (ii) Estimate of Trial Time. An estimate of the number 24 of hours needed for the presentation of each party's 25 case, indicating possible reductions in time through 26 proposed stipulations, agreed statements of facts, or 27 28 5 1 expedited means of presenting testimony and 2 exhibits. 3 (iii) Use of Discovery Responses. Designate excerpts 4 from discovery that the parties intend to present at 5 trial, other than solely for impeachment or rebuttal, 6 from depositions specifying the witness with page 7 and line references, from interrogatory answers, or 8 from responses to requests for admission. 9 (e) Trial Alternatives and Options. 10 (i) Settlement Discussion. A statement summarizing the 11 United States District Court Northern District of California status of settlement negotiations and indicating 12 whether further negotiations are likely to be 13 productive. 14 (ii) Amendments, Dismissals. A statement of requested 15 or proposed amendments to pleadings or dismissals 16 of parties, claims or defenses. 17 (iii) Bifurcation, Separate Trial of Issues. A statement of 18 whether bifurcation or a separate trial of specific 19 issues is feasible and desired. 20 (f) Miscellaneous. 21 Any other subjects relevant to the trial of the action or 22 material to its just, speedy and inexpensive determination. 23 (2) Serve and file trial briefs, motions in limine (including any motion 24 regarding the qualifications or testimony of any expert witness), 25 proposed voir dire questions, jury instructions, verdict forms and 26 excerpts from discovery that will be offered at trial (include a copy 27 28 6 1 of the deposition testimony or admission). The parties shall submit 2 proposed jury instructions jointly. If there are any instructions on 3 which the parties cannot agree, those instructions may be submitted 4 separately; 5 (3) Serve and file an exhibit setting forth the qualifications and 6 experience of each expert witness; 7 (4) Serve and file a list of each party's exhibits by numbers 1-500 8 (plaintiff) or numbers 750-1250 (defendant), including a brief statement describing the substance 9 and purpose of each exhibit and the name of the sponsoring witness; 10 (5) Exchange exhibits which shall be premarked (plaintiff shall use 11 United States District Court Northern District of California numbers 1-500; defendant shall use numbers 750-1250) and tabbed. Exhibits shall be three-hole 12 punched and shall be submitted in binders. Each exhibit shall be marked on the front page or on 13 the back of the last page with the information contained in Exhibit A to this Order; and 14 (6) Deliver two sets of all premarked exhibits to chambers (exhibits are 15 not to be filed). The two sets of premarked exhibits shall be for Court use only. The parties shall 16 bring a third set of their trial exhibits to trial to witnesses. 17 No party shall be permitted to call any witness or offer any exhibit in its case in chief that 18 is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the 19 Court, by the above deadline, without leave of the Court and for good cause. 20 d. At least (10) days prior to the pretrial conference, after meeting and 21 conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and 22 file: (1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any 23 objections to non-expert witnesses; (3) any objection to proposed voir dire questions, jury 24 instructions and verdict forms that the parties have been unable in good faith to resolve; (4) any 25 opposition to a motion in limine. No replies shall be filed. 26 e. All motions in limine and objections shall be heard at the pretrial 27 28 7 1 conference. 2 6. JURY TRIAL 3 a. Counsel shall submit an agreed upon set of voir dire questions to be posed 4 by the Court. Any voir dire questions on which counsel cannot agree may be submitted 5 separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning. 6 b. The following jury instructions from the Manual of Model Civil Jury 7 Instructions for the Ninth Circuit (2007 Edition) shall be given absent objection: 1.1-1.2, 1.6-1.14, 8 1.18, 2.11. Counsel shall submit jointly an agreed upon set of case specific instructions, using the 9 Ninth Circuit Manual where appropriate. Do not submit duplicates of those listed above. Any 10 instructions on which counsel cannot agree may be submitted separately. Each requested 11 United States District Court Northern District of California instruction shall be typed in full on a separate page with citations to the authority upon which it is 12 based and a reference to the party submitting it. A second blind copy of each instruction and 13 verdict form shall also be submitted, omitting the citation to authority and the reference to the 14 submitting party. 15 7. All documents filed with the Clerk of the Court shall list the civil case number followed 16 by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies 17 shall be three-hole punched at the left side, suitable for insertion into standard binders. In 18 addition, all proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be 19 accompanied by a CD or USB flash drive containing a copy of the document in Microsoft Word 20 format (*.docx). 21 IT IS SO ORDERED. 22 Dated: July 13, 2016 23 24 ______________________________________ ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE 25 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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