MCI Commnications Services, Inc. et al v. Annuzzi Concrete Service, Inc.

Filing 27

CASE MANAGEMENT AND PRETRIAL ORDER FOR BENCH TRIAL. Signed by Judge Elizabeth D. Laporte on 4/9/2018. (tlS, COURT STAFF) (Filed on 4/10/2018)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MCI COMMNICATIONS SERVICES, INC., et al., 8 Plaintiffs, 9 10 United States District Court Northern District of California 11 Case No. 17-cv-06431-EDL CASE MANAGEMENT AND PRETRIAL ORDER FOR BENCH TRIAL v. ANNUZZI CONCRETE SERVICE, INC., Defendant. 12 Following the Case Management Conference held on March 27, 2018, 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. Court trial will begin on September 23, 2019 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 Richard Duvall, Court 19 Reporter Supervisor, at (415) 522-2079 or Richard_Duvall@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 THREE (3) days. All non-expert discovery shall be completed no later than April 23, 2019. 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 24, 2019 . Rebuttal expert disclosures shall be made no later than July 8, 2019. All treating physicians who 1 will provide opinion testimony beyond that which can be provided by a lay person must be 2 disclosed as expert witnesses, but they need not prepare expert reports unless ordered to do so by 3 the Court. 4 c. All expert discovery shall be completed no later than July 22, 2019. 5 There will be no further expert discovery after that date except by order of the Court for good 6 cause shown. Motions to compel expert discovery must be filed within the time limits contained 7 in Civil Local Rule 26-2. 8 d. Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to 9 supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and 10 responses to discovery requests under the circumstances itemized in that Rule, and when ordered 11 United States District Court Northern District of California by the Court. The Court expects that the parties will supplement and/or correct their disclosures 12 promptly when required under that Rule, without the need for a request from opposing counsel. 13 In addition to the general requirements of Rule 26(e)(1), the parties will supplement and/or 14 correct all previously made disclosures and discovery responses 28 days before the fact 15 discovery cutoff date. 16 e. Pursuant to Civil L.R. 37-1(b), telephone conferences are available to 17 resolve disputes during a discovery event, such as a deposition, where the resolution during the 18 event likely would result in substantial savings of expense or time. 19 f. Privilege logs. If a party withholds information that is responsive to a 20 discovery request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by 21 claiming that it is privileged, or protected from discovery under the attorney work product doctrine 22 or any other protective doctrine (including, but not limited to, privacy rights), that party shall 23 prepare a "privilege log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and 24 specifying separately for each document or for each category of similarly situated documents: 25 1. The name and job title or capacity of the author; 26 2. The name and job title or capacity of each recipient; 27 28 2 1 3. The date the document was prepared and, if different, the date(s) 2 on which it was sent to or shared with persons other than its 3 author(s); 4 4. The title and description of the document; 5 5. The subject matter addressed in the document; 6 6. The purpose(s) for which it was prepared or communicated; and 7 7. The specific basis for the claim that it is privileged. 8 The privilege log will be produced as quickly as possible, but no later than 14 days after 9 the discovery responses are due (in a rolling production, 14 days after each set of documents is 10 produced), unless the parties stipulate or the Court orders otherwise in a particular case. 11 United States District Court Northern District of California g. In responding to requests for documents and materials under Rule 34 of the 12 Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served 13 on all other parties the full extent to which they will produce materials and shall, promptly after 14 the production, confirm in writing that they have produced all such materials so described that are 15 locatable after a diligent search of all locations at which such materials might plausibly exist. 16 3. MOTIONS 17 The last day to file a motion, or stipulation and proposed order, to join other parties shall 18 be April 27, 2018 . 19 The last day to file a motion, or stipulation and proposed order, to amend the pleadings 20 shall be April 27, 2018 . 21 The last day for hearing dispositive motions shall be June 11, 2019. Dispositive motions 22 shall be served and filed no later than thirty-five (35) days prior to the scheduled hearing date. 23 Briefing shall be in compliance with Civil Local Rule 7-3. 24 4. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE 25 This matter is referred to Private Mediation by agreement of the parties, mediator to be 26 chosen no later than April 17, 2018, mediation to be completed within 90 days. 27 28 3 1 5. PRETRIAL CONFERENCE 2 a. A pretrial conference shall be held on September 3, 2019 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), and 26 excerpts from discovery that will be offered at trial (include a copy 27 28 6 1 of the deposition testimony or admission), and joint proposed 2 findings of fact and conclusions of law. The findings of fact shall 3 set forth in simple, declarative sentences, separately numbered, all 4 factual contentions relied upon by the party in support of its claims 5 for relief and shall be free of pejorative language and argument. 6 Counsel shall submit separately their disputed findings of fact and 7 conclusions of law. Counsel shall deliver to chambers a copy of 8 their proposed findings of fact and conclusions of law on a computer 9 diskette compatible with WordPerfect 6.1, 7, 8, 9, 10 or 8.0 for 10 Windows. 11 United States District Court Northern District of California (3) Serve and file an exhibit setting forth the qualifications and 12 experience of each expert witness; 13 (4) Serve and file a list of each party's exhibits by numbers 1-500 14 (plaintiff) or numbers 750-1250 (defendant), including a brief 15 statement describing the substance and purpose of each exhibit and 16 the name of the sponsoring witness; 17 (5) Exchange exhibits which shall be premarked (plaintiff shall use 18 numbers 1-500; defendant shall use numbers 750-1250) and tabbed. 19 Exhibits shall be three-hole punched and shall be submitted in 20 binders. Each exhibit shall be marked on the front page or on the 21 back of the last page with the information contained in Exhibit A to 22 this Order; and 23 (6) Deliver two sets of all premarked exhibits to chambers (exhibits are 24 not to be filed). The two sets of premarked exhibits shall be for 25 Court use only. The parties shall bring a third set of their trial 26 exhibits to trial to witnesses. 27 28 7 1 No party shall be permitted to call any witness or offer any exhibit in its case in chief that 2 is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the 3 Court, by the above deadline, without leave of the Court and for good cause. 4 d. At least (10) days prior to the pretrial conference, after meeting and 5 conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and 6 file: (1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any 7 objections to non-expert witnesses; (3) any opposition to a motion in limine. No replies shall be 8 filed. 9 e. All motions in limine and objections shall be heard at the pretrial 10 conference. 11 United States District Court Northern District of California 6. All documents filed with the Clerk of the Court shall list the civil case number followed 12 by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies 13 shall be three-hole punched at the left side, suitable for insertion into standard binders. In 14 addition, all proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be 15 accompanied by a CD or USB flash drive containing a copy of the document in Microsoft Word 16 format (*.docx). 17 IT IS SO ORDERED. 18 Dated: April 9, 2018 19 20 ______________________________________ ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE 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 Case Number: Case Number: Case Number: 5 PLTF / DEFT EXHIBIT NO._____________ PLTF / DEFT EXHIBIT NO._____________ PLTF / DEFT EXHIBIT NO._____________ 6 Date Admitted:________________________ Date Admitted:________________________ Date Admitted:________________________ 7 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 4 8 9 Case Number: Case Number: Case Number: PLTF / DEFT EXHIBIT NO._____________ PLTF / DEFT EXHIBIT NO._____________ PLTF / DEFT EXHIBIT NO._____________ Date Admitted:________________________ Date Admitted:________________________ Date Admitted:________________________ 12 By:_______________________________ Stephen Ybarra, Deputy Clerk By:_______________________________ Stephen Ybarra, Deputy Clerk By:_______________________________ Stephen Ybarra, Deputy Clerk 13 ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------ 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 15 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 21 Case Number: Case Number: Case Number: 22 PLTF / DEFT EXHIBIT NO._____________ PLTF / DEFT EXHIBIT NO._____________ PLTF / DEFT EXHIBIT NO._____________ 23 Date Admitted:________________________ Date Admitted:________________________ Date Admitted:________________________ 24 By:_______________________________ Stephen Ybarra, Deputy Clerk By:_______________________________ Stephen Ybarra, Deputy Clerk By:_______________________________ Stephen Ybarra, Deputy Clerk ------------------------------------------------------ ------------------------------------------------------ ------------------------------------------------------ 10 United States District Court Northern District of California 11 16 17 18 19 20 25 26 27 28 9

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