Great American Insurance Company v. Sea Shipping Line et al

Filing 24

CASE MANAGEMENT AND PRETRIAL ORDER for Bench Trial by Magistrate Judge Elizabeth D. Laporte. A Pretrial Conference is set for 1/17/2017 at 2:00 PM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. The Bench Trial shall begin 2/6/2017 at 8:30 AM before Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 1/28/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GREAT AMERICAN INSUARANCE COMPANY, 8 Plaintiff, 9 10 v. United States District Court Northern District of California CASE MANAGEMENT AND PRETRIAL ORDER FOR BENCH TRIAL SEA SHIPPING LINE, et al., Defendants. 11 12 Case No. 15-cv-04941 EDL Following the Case Management Conference held on January 26, 2016, IT IS HEREBY 13 ORDERED that pursuant to Fed. R. Civ. P. 16, the following case management and pretrial order 14 is entered: 15 16 TRIAL DATE a. Court trial will begin on February 6, 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 (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 3 days. All non-expert discovery shall be completed no later than October 19, 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 28 b. Initial expert disclosures shall be made no later than November 7, 2016. All treating physicians who will provide opinion testimony beyond that which can be provided by 1 a lay person must be disclosed as expert witnesses, but they need not prepare expert reports unless 2 ordered to do so by the Court. 3 c. All expert discovery shall be completed no later than December 9, 2016. 4 There will be no further expert discovery after that date except by order of the Court for good 5 cause shown. Motions to compel expert discovery must be filed within the time limits contained 6 in Civil 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 February 25, 2016. 18 The last day to file a motion, or stipulation and proposed order, to amend the pleadings 19 shall be February 25, 2016. 20 The last day for hearing dispositive motions shall be November 8, 2016. Dispositive 21 motions shall be served and filed no later than thirty-five (35) days prior to the scheduled hearing 22 date. Briefing shall be in compliance with Civil Local Rule 7-3. 23 4. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE 24 The parties have been referred to private mediation. 25 5. PRETRIAL CONFERENCE 26 a. A pretrial conference shall be held on January 17, 2017 at 2:00 p.m. in 27 28 3 1 Courtroom E, 15th Floor. Each party shall attend personally or by lead counsel who will try 2 the case. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and 3 other pretrial disclosures shall be governed by this order. 4 b. At least thirty (30) days prior to the date of the pretrial conference, lead 5 counsel shall meet and confer regarding: 6 (1) Preparation and content of the joint pretrial conference statement; 7 (2) Preparation and exchange of pretrial materials to be served and lodged 8 pursuant to paragraph 5(c) below; and 9 (3) Settlement of the action. 10 c. At least twenty (20) days prior to the pretrial conference, counsel and/or 11 United States District Court Northern District of California parties shall: 12 (1) Serve and file a joint pretrial statement that includes the pretrial 13 disclosures required by Federal Rule of Civil Procedure 26(a)(3) as 14 well as the following supplemental information: 15 (a) The Action. 16 (i) Substance of the Action. A brief description of the 17 substance of claims and defenses which remain to be 18 decided. 19 (ii) Relief Prayed. A detailed statement of all the relief 20 claimed, particularly itemizing all elements of damages 21 claimed as well as witnesses, documents or other evidentiary 22 material to be presented concerning the amount of those 23 damages. 24 (b) The Factual Basis of the Action. 25 (i) Undisputed Facts. A plain and concise statement of 26 all relevant facts not reasonably disputable, as well as which 27 28 4 1 facts parties will stipulate for incorporation into the trial 2 record without the necessity of supporting testimony or 3 exhibits. 4 (ii) Disputed Factual Issues. A plain and concise 5 statement of all disputed factual issues which remain to be 6 decided. 7 (iii) Agreed Statement. A statement assessing whether all 8 or part of the action may be presented upon an agreed 9 statement of facts. 10 (iv) Stipulations. A statement of stipulations requested or 11 United States District Court Northern District of California proposed for pretrial or trial purposes. 12 (c) Disputed Legal Issues. 13 Without extended legal argument, a concise statement of 14 each disputed point of law concerning liability or relief, 15 citing supporting statutes and decisions, and any procedural 16 or evidentiary issues. 17 (d) Trial Preparation. 18 (i) Witnesses to Be Called. With regard to witnesses 19 disclosed pursuant to Federal Rule of Civil Procedure 20 26(a)(3)(A), a brief statement describing the substance of the 21 testimony to be given. 22 (ii) Estimate of Trial Time. An estimate of the number 23 of hours needed for the presentation of each party's 24 case, indicating possible reductions in time through 25 proposed stipulations, agreed statements of facts, or 26 expedited means of presenting testimony and 27 28 5 1 exhibits. 2 (iii) Use of Discovery Responses. Designate excerpts 3 from discovery that the parties intend to present at 4 trial, other than solely for impeachment or rebuttal, 5 from depositions specifying the witness with page 6 and line references, from interrogatory answers, or 7 from responses to requests for admission. 8 (e) Trial Alternatives and Options. 9 (i) Settlement Discussion. A statement summarizing the 10 status of settlement negotiations and indicating 11 United States District Court Northern District of California whether further negotiations are likely to be 12 productive. 13 (ii) Amendments, Dismissals. A statement of requested 14 or proposed amendments to pleadings or dismissals 15 of parties, claims or defenses. 16 (iii) Bifurcation, Separate Trial of Issues. A statement of 17 whether bifurcation or a separate trial of specific 18 issues is feasible and desired. 19 (f) Miscellaneous. 20 Any other subjects relevant to the trial of the action or 21 material to its just, speedy and inexpensive determination. 22 (2) Serve and file trial briefs, motions in limine (including any motion 23 regarding the qualifications or testimony of any expert witness), and 24 excerpts from discovery that will be offered at trial (include a copy 25 of the deposition testimony or admission), and joint proposed 26 findings of fact and conclusions of law. The findings of fact shall 27 28 6 1 set forth in simple, declarative sentences, separately numbered, all 2 factual contentions relied upon by the party in support of its claims 3 for relief and shall be free of pejorative language and argument. 4 Counsel shall submit separately their disputed findings of fact and 5 conclusions of law. Counsel shall deliver to chambers a copy of 6 their proposed findings of fact and conclusions of law on a computer 7 diskette compatible with WordPerfect 6.1, 7, 8, 9, 10 or 8.0 for 8 Windows. 9 (3) Serve and file an exhibit setting forth the qualifications and 10 experience of each expert witness; 11 United States District Court Northern District of California (4) Serve and file a list of each party's exhibits by numbers 1-500 12 (plaintiff) or numbers 750-1250 (defendant), including a brief 13 statement describing the substance and purpose of each exhibit and 14 the name of the sponsoring witness; 15 (5) Exchange exhibits which shall be premarked (plaintiff shall use 16 numbers 1-500; defendant shall use numbers 750-1250) and tabbed. 17 Exhibits shall be three-hole punched and shall be submitted in 18 binders. Each exhibit shall be marked on the front page or on the 19 back of the last page with the information contained in Exhibit A to 20 this Order; and 21 (6) Deliver two sets of all premarked exhibits to chambers (exhibits are 22 not to be filed). The two sets of premarked exhibits shall be for 23 Court use only. The parties shall bring a third set of their trial 24 exhibits to trial to witnesses. 25 No party shall be permitted to call any witness or offer any exhibit in its case in chief that 26 is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the 27 28 7 1 Court, by the above deadline, without leave of the Court and for good cause. 2 d. At least (10) days prior to the pretrial conference, after meeting and 3 conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and 4 file: (1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any 5 objections to non-expert witnesses; (3) any opposition to a motion in limine. No replies shall be 6 filed. 7 e. All motions in limine and objections shall be heard at the pretrial 8 conference. 9 6. All documents filed with the Clerk of the Court shall list the civil case number followed 10 by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies 11 United States District Court Northern District of California shall be three-hole punched at the left side, suitable for insertion into standard binders. In 12 addition, all motions in limine, forms of verdict and trial briefs shall be accompanied by a diskette 13 containing a copy of the document formatted in WordPerfect 6.1, 7, 8, 9, or 10 (Windows) or 8.0 14 (Windows). 15 IT IS SO ORDERED. 16 Dated: January 28, 2016 17 18 ______________________________________ ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 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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