Singh v. Wells Fargo Bank, N.A.

Filing 20

CASE MANAGEMENT ORDER:Case referred to mediationDeadline to Seek Leave to Amend Pleadings: 5/27/2016Discovery due by 8/23/2016Dispositive Motions due by 9/22/2016Dispositive Motion Hearing set for 10/27/2016 Jury Trial set for 3/13/2017 Signed by Judge Maria-Elena James on 1/22/2016. (cdnS, COURT STAFF) (Filed on 1/22/2016)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 PRITI SINGH, Case No. 15-cv-05000-MEJ Plaintiff, 5 ORDER VACATING CMC v. 6 7 CASE MANAGEMENT ORDER WELLS FARGO BANK, N.A., Defendant. 8 9 10 Pursuant to Federal Rule of Civil Procedure 16, the Court issues the following Case United States District Court Northern District of California 11 Management Order. Failure to comply with this Order is cause for sanctions under Rule 16(f). 12 The January 28, 2016 Case Management Conference is VACATED. All questions should be 13 directed to Rose Maher, Courtroom Deputy, at (415) 522-4708. 14 SUMMARY OF CASE MANAGEMENT DEADLINES 15 Deadline to Seek Leave to Amend Pleadings 5/27/2016 16 Disclosure of Expert Witnesses 7/29/2016 17 Disclosure of Rebuttal Expert Witnesses 8/8/2016 18 Close of Discovery 8/23/2016 19 Deadline to File Dispositive Motions 9/22/2016 Hearing on Dispositive Motions 10/27/2016 at 10:00 a.m. 12/28/2016 23 Exchange of Pretrial Disclosures Deadline to File Pretrial Conference Statement and Related Disclosures, Motions in Limine, and Trial Briefs and Related Documents 24 Deadline to File Motions in Limine Oppositions 1/19/2017 25 Pretrial Conference 2/2/2017 at 10:00 a.m. 26 Final Pretrial Conference 3/2/2017 at 10:00 a.m. 27 Jury Trial 3/13/2017 at 9:30 a.m. (Duration: 5 days) 20 21 22 28 1/12/2017 PRETRIAL INSTRUCTIONS 1 2 A. ADR: The parties are referred to mediation. 3 B. Deadline to Seek Leave to Amend Pleadings: May 27, 2016. 4 C. Discovery: The parties shall abide by the undersigned’s Discovery Standing Order, 5 available at http://cand.uscourts.gov/mejorders. All discovery, including depositions of expert 6 witnesses, must be completed by August 23, 2016. Pursuant to Rule 16(b) and Civil Local Rule 7 26-2, a discovery request or stipulation that calls for responses or depositions after the discovery 8 cut-off date is not enforceable except by order of the Court and upon a showing of good cause. No 9 discovery disputes may be brought to the Court’s attention more than seven (7) days after the discovery cut-off date. 11 United States District Court Northern District of California 10 D. 12 shall serve on all other parties the expert’s name, address, qualifications, resume, and a written 13 report in compliance with Rule 26(a)(2)(B) by July 29, 2016. This disclosure must be made with 14 respect to a person who is either: (a) specifically retained or specially employed to provide expert 15 testimony pursuant to Federal Rule of Evidence 702; or (b) a regular employee or agent or treating 16 physician who may be called to provide expert opinion testimony. All parties have a continuing 17 duty to supplement the disclosure of expert witnesses when required under Rule 26(e)(1). 18 E. 19 contradict or rebut another party’s opinion testimony shall be disclosed in compliance with Rule 20 26(a)(2)(B) by August 08, 2016. 21 F. 22 witness in each discipline involved in the case, except by order of the Court. To ensure that all 23 factual material (including tests and/or reports) upon which expert opinion may be based is timely 24 disclosed, an expert witness shall be precluded from testifying about any actions or opinions not 25 disclosed prior to the expert’s deposition, unless the parties enter into a written stipulation 26 otherwise. Any party objecting to the admissibility of expert testimony must file a motion in 27 limine to exclude the testimony by the deadline set forth below. 28 G. Disclosure of Expert Witnesses: Any party wishing to present expert witness testimony Disclosure of Rebuttal Expert Witnesses: Any expert testimony intended solely to Limitation on Testimony by Expert Witnesses: Each party is limited to one expert Pretrial Motions: All pretrial motions shall be filed in accordance with Civil Local Rule 7 2 1 and noticed for hearing on any available Thursday at 10:00 a.m., without contacting the Court. 2 All dispositive motions shall be filed, served, and noticed by September 22, 2016. The Court shall 3 hear dispositive motions on October 27, 2016 at 10:00 a.m. in Courtroom B, located on the 15th 4 Floor of the Federal Building, 450 Golden Gate Avenue, San Francisco, California. 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All summary judgment motions shall comply with the following requirements for statements of facts: (1) Separate Statement of Facts: Any party filing a motion for summary judgment must file a statement, separate from the motion and memorandum of law, setting forth each material fact on which the party relies in support of the motion. Each material fact in the separate statement must be set forth in a separately numbered paragraph and must refer to a specific admissible portion of the record where the fact finds support (for example, affidavit, deposition, discovery response, etc.). A failure to submit a separate statement of facts in this form may constitute grounds for denial of the motion. (2) Controverting Statement of Facts: Any party opposing a motion for summary judgment must file a statement, separate from that party’s memorandum of law, setting forth: (a) for each paragraph of the moving party’s separate statement of facts, a correspondingly numbered paragraph indicating whether the party disputes the statement of fact set forth in that paragraph and a reference to the specific admissible portion of the record supporting the party’s position if the fact is disputed; and (b) any additional facts that establish a genuine issue of material fact or otherwise preclude judgment in favor of the moving party. Each additional fact must be set forth in a separately numbered paragraph and must refer to a specific admissible portion of the record where the fact finds support. (3) Reply Statement of Facts: If the party opposing summary judgment sets forth additional facts, the moving party shall file a statement, separate from the reply brief, with correspondingly numbered paragraphs indicating whether the party admits or disputes the statement of fact set forth in that paragraph and, if disputed, a reference to the specific admissible portion of the record supporting the party’s position. Facts that are not already included in the motion and/or opposition are not permitted. (4) Alternative Procedure: As an alternative to filing a statement of facts and controverting statement of facts, the movant and the party opposing the motion may jointly file a stipulation signed by the parties setting forth a statement of the stipulated facts and the following statement: “The parties agree there is no genuine issue of any material fact.” As to any stipulated facts, the parties so stipulating may state that their stipulations are entered into only for the purpose of the motion for summary judgment and are not intended to be otherwise binding. 3 1 H. 2 will try the case shall meet and confer with respect to the preparation and content of the joint 3 pretrial conference statement and shall exchange the papers described in Rule 26(a)(3). These 4 papers must be filed with the Court by January 12, 2017. 5 I. 6 pretrial conference statement with the following information: 7 (2) Relief Prayed: A detailed statement of all the relief claimed, particularly itemizing all elements of damages claimed as well as witnesses, documents or other evidentiary material to be presented concerning the amount of damages. 9 10 11 United States District Court Northern District of California Joint Pretrial Conference Statement: By January 12, 2017, the parties shall file a joint (1) Substance of the Action: A brief description of the substance of claims and defenses which remain to be decided. 8 (3) Undisputed Facts: A plain and concise statement of all relevant facts not reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits. 12 13 (4) Disputed Factual Issues: A plain and concise statement of all disputed factual issues which remain to be decided. 14 15 (5) Disputed Legal Issues: Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 16 17 (6) Agreed Statement: A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 18 (7) Stipulations: A statement of stipulations requested or proposed for pretrial or trial purposes. 19 20 (8) Amendments or Dismissals: A statement of requested or proposed amendments to pleadings or dismissals of parties, claims, or defenses. 21 22 (9) Estimated Time of Trial: An estimate of the number of hours needed for the presentation of each party’s case. 23 (10) Bifurcation or Separate Trial of Issues: A statement of whether bifurcation or a separate trial of specific issues is feasible and desired. 24 25 (11) Settlement: A statement summarizing the status of the parties’ settlement negotiations and indicating whether further negotiations are likely to be productive. 26 27 28 Exchange and Filing of Pretrial Disclosures: By December 28, 2016, lead counsel who J. Witness list: A witness list shall be provided as an appendix to the joint pretrial conference 4 1 statement. The following information should be included. For each party, a list of all witnesses to 2 be called for trial, including those appearing by deposition. For each witness, a statement of the 3 substance of his or her testimony and an estimate regarding the length of testimony (including 4 direct and cross-examination). If the witness is an expert witness, the statement should clearly state the expert’s theories 5 6 and conclusions and the bases therefor, which shall also specify to which disputed fact the 7 testimony relates, and an estimate of the time required for direct and cross examination. In 8 addition, the expert’s curriculum vitae and report (if any) should be attached. If there are 9 objections to a live witness’s testimony, whether in whole or in part, that objection should be 10 raised through a motion in limine. No party shall be permitted to offer any witness that is not disclosed in its witness list, United States District Court Northern District of California 11 12 except with leave of the Court for good cause shown. 13 K. 14 appendix to the joint pretrial conference statement. Plaintiff(s) shall mark the exhibits 15 numerically; Defendant(s) shall mark the exhibits alphabetically. The list shall state each 16 proposed exhibit by its number or alphabetical letter, description and sponsoring witness. All 17 documents shall be authenticated prior to trial. The list shall include a joint exhibit list in tabular 18 form, with (a) a column that briefly describes the exhibit; (b) a column that describes for what 19 purpose the party will offer the exhibit and identifies its sponsoring witness; (c) a column that 20 states any objections to the exhibit; (d) a column that briefly responds to the objections; and (e) a 21 blank column for the Court’s use. Before this list is filed, the parties shall meet and confer, in 22 person, to consider eliminating duplicate exhibits, and to make a good faith effort to stipulate to 23 admissibility. No party shall be permitted to offer any exhibit that is not disclosed in its exhibit 24 list 25 L. 26 for admission, and deposition testimony (with specific line references identified) that each party 27 intends to present at trial shall be included as an appendix to the joint pretrial conference 28 statement. If there are objections to the use of written responses, the parties should include a joint Exhibit list: A joint list of all exhibits to be offered at trial shall be provided as an Use of Discovery Responses: Excerpts of interrogatory responses, responses to requests 5 1 memorandum that briefly states the objecting party’s objection and the opposing party’s response. 2 If there is an objection to the general subject matter of a deponent’s testimony, the objection 3 should be made through a motion in limine. The Court expects the parties to meet and confer in 4 good faith in an attempt to resolve specific objections before any statements are filed. 5 M. 6 evidentiary disputes prior to filing motions in limine. Any motions in limine shall be filed by 7 January 12, 2017, with oppositions due by January 19, 2017. Each motion in limine should 8 address a single topic and contain no more than seven pages of briefing per side. Reply briefs are 9 not permitted. Motions in limine: The parties are directed to meet and confer in person to resolve any N. 11 United States District Court Northern District of California 10 Trial Briefs: Each party shall file a trial brief, not to exceed 15 pages absent Court order, by January 12, 2017. The trial briefs shall: (1) summarize the party’s theory of the case; (2) 12 identify key evidence; and (3) provide the applicable legal standard, pursuant to Ninth Circuit 13 authority, for all controlling issues of law, including foreseeable procedural and evidentiary issues. 14 O. 15 by the Court, as well as any separate questions upon which counsel cannot agree, by January 12, 16 2017. These shall also be submitted to the Court on a portable storage device (such as a USB 17 thumb drive) in Microsoft Word format. Any question on which the parties cannot agree shall be 18 marked as “disputed” and included within the joint set. Counsel will be allowed brief follow-up 19 voir dire after the Court’s questioning. 20 P. 21 instructions by January 12, 2017. These shall also be submitted the to the Court on a portable 22 storage device in Microsoft Word format. Jury instructions should conform to the Manual of 23 Model Civil Jury Instructions for the Ninth Circuit. The instructions shall be ordered in a logical 24 sequence, together with a table of contents. Any instruction on which the parties cannot agree 25 shall be marked as “disputed” and included within the jointly submitted instructions, in the place 26 where the party proposing the instruction believes it should be given. Argument for and against 27 each disputed instruction shall be included on a separate page directly following the disputed 28 instruction. At the close of Defendant’s case in chief the Court shall hear oral argument on the Voir Dire: In a jury trial, the parties shall file a joint set of requested voir dire to be posed Jury Instructions: In a jury trial, the parties shall file a joint set of proposed jury 6 1 disputed jury instructions and will then render its rulings. 2 Q. 3 by January 12, 2017. If the parties are unable to stipulate to a verdict form, then each party or side 4 shall submit a proposed verdict form. The parties shall also submit the forms to the Court on a 5 portable storage device. 6 R. 7 file proposed findings of fact and conclusions of law by January 12, 2017. The parties shall also 8 submit the proposed findings to the Court on a portable storage device. 9 S. Proposed Verdict Forms: In a jury trial, the parties shall file a joint proposed verdict form Proposed Findings of Fact and Conclusions of Law: In a bench trial, each party shall Pretrial Conferences: The Court shall hold an initial pretrial conference on February 02, 2017 at 10:00 a.m., in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, 11 United States District Court Northern District of California 10 California. Lead counsel who will try the case must attend the pretrial conference. The purpose 12 of the pretrial conference is for the Court to rule on any issues raised in the pretrial conference 13 statement, motions in limine, and to discuss the trial of the case. The Court shall hold a final 14 pretrial conference on March 02, 2017 at 10:00 a.m. in Courtroom B, to address any outstanding 15 trial issues. 16 T. 17 March 13, 2017 (Trial schedule: Monday through Friday, 9:30 a.m. to 3:30 p.m.), and last 5 days. 18 In a jury trial, jury selection begins at 9:30 a.m. on the first day of trial. Trial: The Court shall conduct a jury trial in this matter. The trial shall commence on 19 For any documents that will be shown to a witness but not admitted into evidence, counsel 20 shall bring the original plus three copies of the documents. The original document will be handed 21 to the Court during testimony and the copies will be given to the witness and opposing counsel 22 during examination. 23 The parties shall maintain their own exhibits during trial. Plaintiff(s) shall mark the 24 exhibits numerically; Defendant(s) shall mark the exhibits alphabetically. Exhibits must be 25 premarked with tags attached to the upper left-hand corner. Sample tags may be obtained from the 26 Courtroom Deputy and are attached hereto. If a photo or chart is being used as an exhibit, the 27 exhibit tag should be placed on the back side of the exhibit. The Court will only admit pre-marked 28 exhibits which were listed on the earlier filed exhibit list. On the day of trial, counsel shall bring 7 1 the original pre-marked exhibits plus two copies, one for opposing counsel and one (in binders 2 with appropriate label dividers) for the Court. The exhibit binders are to be given to the 3 Courtroom Deputy on the morning of the trial. 4 U. 5 Transcripts and Courtroom Technology: 1) Any party requesting a daily transcript and/or real time reporting shall contact 6 Debra Campbell, Supervisor Court Reporting Services, at (415) 522-2079, at least 14 days in 7 advance of the trial date. 8 9 2) All parties are instructed to review the information regarding the use of courtroom technology and electronic evidence presentation, which is provided on the Court’s web site at http://cand.uscourts.gov/courtroomtech, and to prepare accordingly. Questions and/or requests to 11 United States District Court Northern District of California 10 pre-test equipment should be sent to the courtroom deputy. 12 If any party will utilize their own video recording equipment or demonstrative devices, a 13 signed order will need to be obtained at least 14 days in advance of the trial or hearing date for the 14 items to clear security. 15 IT IS SO ORDERED. 16 17 18 19 Dated: January 22, 2016 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 20 21 22 23 24 25 26 27 28 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No Plntf Exhibit No Plntf Exhibit No Date Admitted: Date Admitted: 15-cv-05000-MEJ Date Admitted: By: By: Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ By: Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No Plntf Exhibit No Plntf Exhibit No Date Admitted: Date Admitted: 15-cv-05000-MEJ Date Admitted: By: By: Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ By: Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Plntf Exhibit No Plntf Exhibit No Plntf Exhibit No Date Admitted: Date Admitted: 15-cv-05000-MEJ Date Admitted: By: By: Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ By: Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Deft Exhibit No Deft Exhibit No Deft Exhibit No Date Admitted: Date Admitted: Date Admitted: By: By: 15-cv-05000-MEJ By: Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Deft Exhibit No Deft Exhibit No Deft Exhibit No Date Admitted: Date Admitted: 15-cv-05000-MEJ Date Admitted: By: By: Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ By: Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 15-cv-05000-MEJ Rose Maher, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: Deft Exhibit No Deft Exhibit No Deft Exhibit No Date Admitted: Date Admitted: 15-cv-05000-MEJ Date Admitted: By: By: Rose Maher, Deputy Clerk By: Rose Maher, Deputy Clerk 9 Rose Maher, Deputy Clerk

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