S.G. et al v. San Francisco Unified School District

Filing 139

SECOND AMENDED PRETRIAL ORDER RE 138 FOR JURY TRIAL. Jury Selection set for 8/24/2020 at 08:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Jury Trial set for 8/24/2020, 8/25/2020, 8/26/2020 and 8/28/2020 at 08:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Motion Hearing set for 5/21/2020 at 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Dispositive Motion due by 4/13/2020. Final Pretrial Conference set for 7/28/2020 at 02:30 PM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 10/4/19. (cl, COURT STAFF) (Filed on 10/4/2019) Modified on 10/4/2019 (cl, COURT STAFF).

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

S.G., a minor student, by and through her
parents, L.G. and M.G.,

7
Plaintiffs,

Case No. 3:17-cv-05678-EMC
SECOND AMENDED PRETRIAL ORDER FOR
JURY TRIAL

8
9
10
11
12

v.
SAN FRANCISCO UNIFIED SCHOOL
DISTRICT, DONAVAN EAGLE HARPER,
MICHAEL ESSIEN, DINORA CASTRO,
ANNA ROBERDS, and DOES 1 through 99,
inclusive,

13

Defendants.

Hon. Edward M. Chen

14
15

Pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10, THE FOLLOWING

16

DEADLINES ARE HEREBY ORDERED:

17

1.

TRIAL DATE:

8/24/2020, at 8:30 a.m.
Courtroom 5, 17th Floor
Jury (x) or Court ( )

2.

TRIAL LENGTH:

Estimated 4 court days (typical court day for trial is
8:30 a.m. to 2:00 p.m.; Thursdays are dark)

3.

FINAL PRETRIAL CONFERENCE:

7/28/2020, at 2:30 p.m.
LEAD COUNSEL WHO WILL TRY THE CASE
MUST ATTEND.

4.

DISPOSITIVE MOTIONS:

Last day to file dispositive motions 4/13/2020
Last day to be heard 5/21/2020 at 1:30 p.m.
See Civil Local Rules for notice and filing
requirements.

18
19
20
21
22
23
24
25
26

//

27

//

28

//
1
[PROPOSED] SECOND AMENDED CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL
Case No.: 3:17-cv-05678-EMC

1

5.

NON-EXPERT DISCOVERY CUT-OFF:

3/13/2020

2

6.

EXPERT REPORTS:

Opening reports by 3/13/2020
Rebuttal reports by 3/6/2020

7.

EXPERT DISCOVERY CUT-OFF:

4/3/2020

8.

DISCOVERY LIMITATIONS:
Prior to completion of ADR, each party is limited to:
(F.R.C.P. applies unless otherwise indicated)

3
4
5
6
7
8

Note: Parties may proceed with depositions and written discovery in conformance with the Federal
Rules of Civil Procedure. Instead of filing formal discovery motions, parties shall refer to this Court’s
standing order to meet and confer and submit joint letter on unresolved issues to the Court for expedited
resolution.
Interrogatories ____
Depositions ____
Document Requests ____
Requests for Admission ____

9
10
11

After ADR, each party is limited to: FRCP

12

Interrogatories ____
Depositions ____
Document Requests ____
Requests for Admission ____

13
14
15

9.

ADR:

To be completed

16

Court-sponsored mediation ____
Court-sponsored ENE ____
Mag. Judge Settlement Conf. _x___
Private mediation ____
Private arbitration ____
Other : ________

17
18
19
20

10.

LAST DAY TO AMEND PLEADING:

21

11.

FURTHER STATUS CONFERENCE:

22
23
24
25
26
27
28
2
[PROPOSED] SECOND AMENDED CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL
Case No.: 3:17-cv-05678-EMC

1
2

PRETRIAL INSTRUCTIONS
A.

3
4

MEET AND CONFER
At least forty-two (42) days prior to the final pretrial conference, lead counsel who will try the

case shall meet and confer regarding the following:

5

1.

Preparation and content of the joint pretrial conference statement, see Part B, infra;

6

2.

Preparation and exchange of pretrial materials, see Part C, infra; and

7

3.

Settlement of the action.

8
9
10
11

B.

JOINT PRETRIAL CONFERENCE STATEMENT
At least twenty-one (21) days prior to the final pretrial conference, the parties shall file a joint

pretrial conference statement. The statement shall contain the following information:
1.

12

The Action.
a.

13

defenses which need to be decided.

14

b.

15
16

Substance of the Action. A brief description of the substance of claims and

Relief Prayed. A statement of all relief sought, particularly itemizing all elements
of damages claimed.

2.

17

Factual Basis of the Action.
a.

Undisputed Facts. A list of all stipulated facts, i.e., all facts parties to which the

18

parties will stipulate to for incorporation into the trial record without the necessity

19

of supporting testimony or exhibits.

20

b.

Disputed Factual Issues. A list of all factual issues that remain to be tried, stating

21

the issues with the same generality/specificity as any contested elements in the

22

relevant jury instructions and organized by counts.

23
24
25
26
27
28

3.

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.
4.

Estimate of Trial Time. An estimate of the number of hours needed for the presentation

of each party’s case.
5.

Trial Alternatives and Options.
a.

Settlement Discussion.

A statement summarizing the status of settlement
3

[PROPOSED] SECOND AMENDED CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL
Case No.: 3:17-cv-05678-EMC

1

negotiations and indicating whether further negotiations are likely to be

2

productive.

3

b.

Consent to Trial Before a Magistrate Judge. A statement whether reference of all

4

or part of the action to a master or magistrate judge is feasible, including whether

5

the parties consent to a court or jury trial before a magistrate judge, with appeal

6

directly to the Ninth Circuit.

7

c.

8

pleadings or dismissals of parties, claims, or defenses.

9

d.

10
11

Amendments or Dismissals. A statement of requested or proposed amendments to

Bifurcation or Separate Trial of Issues. A statement of whether bifurcation or a
separate trial of specific issues is feasible and desired.

6.

Witnesses. The following information should be provided as an appendix to the joint

12

pretrial conference statement. For each party, a list of all witnesses likely to be called at

13

trial, including those appearing by deposition. For each witness, there should be a short

14

statement of the substance of his or her testimony and an estimate regarding the length of

15

testimony (including direct and cross-examination). If the witness is an expert witness,

16

the short statement should clearly state the expert’s theories and conclusions and the bases

17

therefor; in addition, the expert’s curriculum vitae and report (if any) should be attached.

18

If there are objections to a live witness’s testimony, whether in whole or in part, that

19

objection should be raised through a motion in limine. For objections to deposition

20

testimony, see Part B.8, infra.

21

7.

Exhibits. The following information should be provided as an appendix to the joint

22

pretrial conference statement. A joint exhibit list in tabular form, with (a) a column that

23

briefly describes the exhibit; (b) a column that describes for what purpose the party will

24

offer the exhibit and identifies its sponsoring witness; (c) a column that states any

25

objections to the exhibit; (d) a column that briefly responds to the objections; and (e) a

26

blank column for the Court’s use. Before this list is filed with the Court, the parties shall

27

meet and confer, in person, to consider exhibit numbers, to eliminate duplicate exhibits

28

and confusion over exhibits, and to make a good faith effort to stipulate to admissibility.
4
[PROPOSED] SECOND AMENDED CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL
Case No.: 3:17-cv-05678-EMC

1

If stipulation is not possible, the parties shall make every effort to stipulate to authenticity

2

and foundation absent a legitimate (not tactical) objection. In addition to the above, a

3

joint statement in which each party identifies fifteen (15) of the opposing party’s exhibits

4

for which the identifying party seeks rulings on objections in advance of trial. A party

5

may identify, e.g., an exhibit that it believes is critical to the case (if admitted or if not

6

admitted) or an exhibit that it believes is representative of other exhibits such that the

7

identified exhibit will provide a bellwether as to how the Court will rule on other exhibits.

8

8.

Use of Discovery Responses. The following information should be provided as an

9

appendix to the joint pretrial conference statement. Excerpts of interrogatory responses,

10

responses to requests for admission, and deposition testimony (with specific line

11

references identified) that each party intends to present at trial. If there are objections to

12

the use of written responses, the parties should include a joint memorandum that briefly

13

states the objecting party’s objection and the opposing party’s response. If there is an

14

objection to the general subject matter of a deponent’s testimony, the objection should be

15

made through a motion in limine. If specific objections were made during the deposition

16

that are still in need of a Court ruling, the parties should include a joint memorandum that

17

identifies the deposition testimony at issue and that briefly states the objecting party’s

18

objection (including any counter-designation) and the opposing party’s response

19

(including any counter-designation). The Court expects the parties to meet and confer in

20

good faith in the attempt to resolve those specific objections regarding deposition

21

testimony before any memorandum regarding objections are filed.

22
23
24
25

C.

PRETRIAL MATERIALS
At least twenty-one (21) days prior to the final pretrial conference, the parties shall file the

following pretrial materials.
1.

Motions in Limine. The following procedure should be used with respect to motions in

26

limine. At least thirty-two (32) days before the pretrial conference, serve – but do not file – the moving

27

papers. At least twenty-five (25) days before the conference, serve – but do not file – the oppositions.

28

When the oppositions are received, the moving party should collate the motion and opposition together,
5
[PROPOSED] SECOND AMENDED CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL
Case No.: 3:17-cv-05678-EMC

1

back to back, and then file the paired sets (each under separate cover) at least twenty-one (21) days prior

2

to the conference.

3

Each motion in limine should address a single topic and contain no more than seven pages of

4

briefing per side. Reply briefs are not permitted. Usually, each party or side should not need to file more

5

than five motions in limine. Each party shall number its motions in limine in order of importance, the

6

first being the most important.

7

2.

Preliminary Statement to the Jury. In a jury trial, the parties shall provide a simplified

8

statement of the case to be read to the jury during voir dire and as a part of the proposed jury instructions.

9

Unless the case is extremely complex, this statement should not exceed one paragraph.

10
11

3.

Jury Instructions. In a jury trial, a joint set of proposed jury instructions on substantive

issues of law, arranged in a logical sequence.

12

If undisputed, an instruction shall be identified as “Stipulated Instruction No. ____ re

13

____________________,” with the blanks filled in as appropriate. Even if stipulated, the instruction

14

shall be supported by citation.

15

If disputed, each version of the instruction shall be inserted together, back to back, in their logical

16

place in the overall sequence. A disputed instruction shall be identified as “Disputed Instruction No.

17

____ re ____________________ offered by __________,” with the blanks filled in as appropriate. All

18

disputed versions of the same basic instruction shall bear the same number. If a party does not have a

19

counter-version and simply contends that no such instruction in any version should be given, then that

20

party should so state on a separate page inserted in lieu of an alternate version. Each party should

21

support its version of a disputed instruction, and/or oppose the version offered by the opposing party,

22

with a brief argument and citation to any relevant authority. The argument and citation should be

23

provided immediately following the disputed instructions. The parties are encouraged to keep disputed

24

instructions to a minimum.

25

Finally, absent objection, the Court shall give the following jury instructions from the Ninth

26

Circuit Manual of Model Civil Jury Instructions (2017 ed.): 1.3-1.5, 1.9-1.15, 1.17-1.18, 1.20-1.21, 3.1-

27

3.3, 3.5.

28

4.

Voir Dire. In a jury trial, the Court will conduct a voir dire based on the attached (or a
6

[PROPOSED] SECOND AMENDED CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL
Case No.: 3:17-cv-05678-EMC

1

similar) questions/subjects. Counsel may also submit for the Court’s consideration an agreed upon set of

2

additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot

3

agree may be submitted separately. Counsel will be allowed a brief (15 minutes) follow-up voir dire after

4

the Court’s questioning.

5

5.

Verdict Form. In a jury trial, the parties shall submit a joint proposed verdict form. If

6

the parties are unable to stipulate to a verdict form, then each party or side shall submit a proposed

7

verdict form.

8
9
10

6.

Proposed Findings of Fact and Conclusions of Law. In a bench trial, each party or side

shall submit proposed findings of fact and conclusions of law.
7.

Exhibits. The parties shall submit two sets of all exhibits. Exhibits are not to be filed but

11

rather shall be submitted to chambers. Exhibits must be premarked. In addition, one set of exhibits must

12

be tagged. Exhibits shall be three-hole punched and shall be submitted in binders. Sample tags may be

13

obtained from the Courtroom Deputy and are attached as Exhibit A hereto.

14

8.

Trial Brief. Each party shall submit a trial brief not to exceed 15 pages absent court

15

order. A trial brief is most helpful to the Court when it: (1) summarizes the party’s theory of the case, (2)

16

identifies key evidence, and (3) provides summary briefing on any controlling issues of law.

17
18
19
20

DATED: 10/4/19

_____________________________________
EDWARD M. CHEN
United States District Judge

21
22
23
24
25
26
27
28
7
[PROPOSED] SECOND AMENDED CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL
Case No.: 3:17-cv-05678-EMC