Paredes v. InterContinental Hotels Group Resources, Inc.
Filing
22
CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL. Signed by Judge Elizabeth D. Laporte on 4/10/2018. (tlS, COURT STAFF) (Filed on 4/10/2018)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
VICTOR PAREDES,
Case No. 17-cv-07321-EDL
Plaintiff,
8
v.
CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL
9
10
United States District Court
Northern District of California
11
12
13
14
INTERCONTINENTAL HOTELS GROUP
RESOURCES, INC.,
Defendant.
Following the Case Management Conference held on March 27, 2018, IT IS HEREBY
ORDERED THAT:
A further case management conference is set for August 7, 2018 at 10:00 A.M. before
15
Magistrate Judge Laporte in Courtroom E, 15th floor, U.S. District Court, 450 Golden Gate
16
Avenue, San Francisco, California. An updated joint case management conference statement shall
17
be filed no later than July 31, 2018.
18
19
20
21
Pursuant to Fed. R. Civ. P. 16, IT IS FURTHER ORDERED THAT the following case
management and pretrial order is entered:
1. TRIAL DATE
a.
Jury trial will begin on April 1, 2019 at 8:30 A.M. in Courtroom E, 15th
22
Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. Should a daily transcript and/or
23
realtime reporting be desired, the parties shall make arrangements with Richard Duvall, Court
24
Reporter Supervisor, at (415) 522-2079 or Richard_Duvall@cand.uscourts.gov, at least 14 days
25
prior to the trial date.
26
27
28
b.
The length of the trial will be not more than FIVE (5)TO SEVEN (7) days.
1
2. DISCOVERY
2
a.
All non-expert discovery shall be completed no later than September 21,
3
2018. There will be no further non-expert discovery after that date except by order of the Court
4
for good cause shown. Motions to compel non-expert discovery must be filed within the time
5
limits contained in Civil Local Rule 26-2.
6
b.
Initial expert disclosures shall be made no later than January 15, 2019.
7
Rebuttal expert disclosures shall be made no later than January 29, 2019. All treating physicians
8
who will provide opinion testimony beyond that which can be provided by a lay person must be
9
disclosed as expert witnesses, but they need not prepare expert reports unless ordered to do so by
10
the Court.
11
United States District Court
Northern District of California
c.
All expert discovery shall be completed no later than February 15, 2019.
12
There will be no further expert discovery after that date except by order of the Court for good
13
cause shown. Motions to compel expert discovery must be filed within the time limits contained
14
in Civil Local Rule 26-2.
15
d.
Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to
16
supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and
17
responses to discovery requests under the circumstances itemized in that Rule, and when ordered
18
by the Court. The Court expects that the parties will supplement and/or correct their disclosures
19
promptly when required under that Rule, without the need for a request from opposing counsel.
20
In addition to the general requirements of Rule 26(e)(1), the parties will supplement and/or
21
correct all previously made disclosures and discovery responses 28 days before the fact
22
discovery cutoff date.
23
e.
Pursuant to Civil L.R. 37-1(b), telephone conferences are available to
24
resolve disputes during a discovery event, such as a deposition, where the resolution during the
25
event likely would result in substantial savings of expense or time.
26
f.
Privilege logs. If a party withholds information that is responsive to a
27
28
2
1
discovery request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by
2
claiming that it is privileged, or protected from discovery under the attorney work product doctrine
3
or any other protective doctrine (including, but not limited to, privacy rights), that party shall
4
prepare a "privilege log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and
5
specifying separately for each document or for each category of similarly situated documents:
6
1. The name and job title or capacity of the author;
7
2. The name and job title or capacity of each recipient;
8
3. The date the document was prepared and, if different, the date(s)
9
on which it was sent to or shared with persons other than its
10
author(s);
11
United States District Court
Northern District of California
4. The title and description of the document;
12
5. The subject matter addressed in the document;
13
6. The purpose(s) for which it was prepared or communicated; and
14
7. The specific basis for the claim that it is privileged.
15
The privilege log will be produced as quickly as possible, but no later than 14 days after
16
the discovery responses are due (in a rolling production, 14 days after each set of documents is
17
produced), unless the parties stipulate or the Court orders otherwise in a particular case.
18
g.
In responding to requests for documents and materials under Rule 34 of the
19
Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served
20
on all other parties the full extent to which they will produce materials and shall, promptly after
21
the production, confirm in writing that they have produced all such materials so described that are
22
locatable after a diligent search of all locations at which such materials might plausibly exist.
23
3. MOTIONS
24
The last day to file a motion, or stipulation and proposed order, to join other parties shall
25
be April 27, 2018.
26
27
28
3
1
The last day to file a motion, or stipulation and proposed order, to amend the pleadings
2
shall be April 27, 2018.
3
The last day for hearing dispositive motions shall be December 18, 2018. Dispositive
4
motions shall be served and filed no later than thirty-five (35) days prior to the scheduled hearing
5
date. Briefing shall be in compliance with Civil Local Rule 7-3.
6
4. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
7
A settlement conference shall be scheduled before another Magistrate Judge of this
8
court. Counsel will be contacted by that judge's chambers with a date and time for the
9
conference during, or as soon thereafter as is convenient to the judge's calendar.
10
5. PRETRIAL CONFERENCE
11
United States District Court
Northern District of California
a.
A pretrial conference shall be held on March 19, 2019 at 2:00 P.M. in
12
Courtroom E, 15th Floor. Each party shall attend personally or by lead counsel who will try
13
the case. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and
14
other pretrial disclosures shall be governed by this order.
15
b.
At least thirty (30) days prior to the date of the pretrial conference, lead
16
counsel shall meet and confer regarding:
17
(1) Preparation and content of the joint pretrial conference statement;
18
(2) Preparation and exchange of pretrial materials to be served and lodged
19
pursuant to paragraph 5(c) below; and
20
(3) Settlement of the action.
21
c.
At least twenty (20) days prior to the pretrial conference, counsel and/or
22
parties shall:
23
(1)
Serve and file a joint pretrial statement that includes the pretrial
24
disclosures required by Federal Rule of Civil Procedure 26(a)(3) as
25
well as the following supplemental information:
26
(a)
The Action.
27
28
4
1
(i)
Substance of the Action. A brief description of the
2
substance of claims and defenses which remain to be
3
decided.
4
(ii)
Relief Prayed. A detailed statement of all the relief
5
claimed, particularly itemizing all elements of damages
6
claimed as well as witnesses, documents or other evidentiary
7
material to be presented concerning the amount of those
8
damages.
9
(b)
The Factual Basis of the Action.
10
(i)
Undisputed Facts. A plain and concise statement of
11
United States District Court
Northern District of California
all relevant facts not reasonably disputable, as well as which
12
facts parties will stipulate for incorporation into the trial
13
record without the necessity of supporting testimony or
14
exhibits.
15
(ii)
Disputed Factual Issues. A plain and concise
16
statement of all disputed factual issues which remain to be
17
decided.
18
(iii)
Agreed Statement. A statement assessing whether all
19
or part of the action may be presented upon an agreed
20
statement of facts.
21
(iv)
Stipulations. A statement of stipulations requested or
22
proposed for pretrial or trial purposes.
23
(c)
Disputed Legal Issues.
24
Without extended legal argument, a concise statement of
25
each disputed point of law concerning liability or relief,
26
citing supporting statutes and decisions, and any procedural
27
28
5
1
or evidentiary issues.
2
(d)
Trial Preparation.
3
(i)
Witnesses to Be Called. With regard to witnesses
4
disclosed pursuant to Federal Rule of Civil Procedure
5
26(a)(3)(A), a brief statement describing the substance of the
6
testimony to be given.
7
(ii)
Estimate of Trial Time. An estimate of the number
8
of hours needed for the presentation of each party's
9
case, indicating possible reductions in time through
10
proposed stipulations, agreed statements of facts, or
11
United States District Court
Northern District of California
expedited means of presenting testimony and
12
exhibits.
13
(iii)
Use of Discovery Responses. Designate excerpts
14
from discovery that the parties intend to present at
15
trial, other than solely for impeachment or rebuttal,
16
from depositions specifying the witness with page
17
and line references, from interrogatory answers, or
18
from responses to requests for admission.
19
(e)
Trial Alternatives and Options.
20
(i)
Settlement Discussion. A statement summarizing the
21
status of settlement negotiations and indicating
22
whether further negotiations are likely to be
23
productive.
24
(ii)
Amendments, Dismissals. A statement of requested
25
or proposed amendments to pleadings or dismissals
26
of parties, claims or defenses.
27
28
6
1
(iii)
Bifurcation, Separate Trial of Issues. A statement of
2
whether bifurcation or a separate trial of specific
3
issues is feasible and desired.
4
(f)
Miscellaneous.
5
Any other subjects relevant to the trial of the action or
6
material to its just, speedy and inexpensive determination.
7
(2)
Serve and file trial briefs, motions in limine (including any motion
8
regarding the qualifications or testimony of any expert witness),
9
proposed voir dire questions, jury instructions, verdict forms and
10
excerpts from discovery that will be offered at trial (include a copy
11
United States District Court
Northern District of California
of the deposition testimony or admission). The parties shall submit
12
proposed jury instructions jointly. If there are any instructions on
13
which the parties cannot agree, those instructions may be submitted
14
separately;
15
(3)
Serve and file an exhibit setting forth the qualifications and
16
experience of each expert witness;
17
(4)
Serve and file a list of each party's exhibits by numbers 1-500
18
(plaintiff) or numbers 750-1250 (defendant), including a brief statement describing the substance
19
and purpose of each exhibit and the name of the sponsoring witness;
20
(5)
Exchange exhibits which shall be premarked (plaintiff shall use
21
numbers 1-500; defendant shall use numbers 750-1250) and tabbed. Exhibits shall be three-hole
22
punched and shall be submitted in binders. Each exhibit shall be marked on the front page or on
23
the back of the last page with the information contained in Exhibit A to this Order; and
24
(6)
Deliver two sets of all premarked exhibits to chambers (exhibits are
25
not to be filed). The two sets of premarked exhibits shall be for Court use only. The parties shall
26
bring a third set of their trial 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 objection to proposed voir dire questions, jury
8
instructions and verdict forms that the parties have been unable in good faith to resolve; (4) any
9
opposition to a motion in limine. No replies shall be filed.
10
e.
All motions in limine and objections shall be heard at the pretrial
11
United States District Court
Northern District of California
conference.
12
6.
JURY TRIAL
13
a.
Counsel shall submit an agreed upon set of voir dire questions to be posed
14
by the Court. Any voir dire questions on which counsel cannot agree may be submitted
15
separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning.
16
b.
The following jury instructions from the Manual of Model Civil Jury
17
Instructions for the Ninth Circuit (2007 Edition) shall be given absent objection: 1.1-1.2, 1.6-1.14,
18
1.18, 2.11. Counsel shall submit jointly an agreed upon set of case specific instructions, using the
19
Ninth Circuit Manual where appropriate. Do not submit duplicates of those listed above. Any
20
instructions on which counsel cannot agree may be submitted separately. Each requested
21
instruction shall be typed in full on a separate page with citations to the authority upon which it is
22
based and a reference to the party submitting it. A second blind copy of each instruction and
23
verdict form shall also be submitted, omitting the citation to authority and the reference to the
24
submitting party.
25
7. All documents filed with the Clerk of the Court shall list the civil case number followed
26
by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies
27
28
8
1
shall be three-hole punched at the left side, suitable for insertion into standard binders. In
2
addition, all proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be
3
accompanied by a CD or USB flash drive containing a copy of the document in Microsoft Word
4
format (*.docx).
5
IT IS SO ORDERED.
6
Dated: April 10, 2018
7
8
______________________________________
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE
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
9
1
2
EXHIBIT A
3
4
5
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:
6
PLTF / DEFT EXHIBIT
NO._____________
PLTF / DEFT EXHIBIT
NO._____________
PLTF / DEFT EXHIBIT
NO._____________
7
Date
Admitted:________________________
Date
Admitted:________________________
Date
Admitted:________________________
8
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:
PLTF / DEFT EXHIBIT
NO._____________
PLTF / DEFT EXHIBIT
NO._____________
PLTF / DEFT EXHIBIT
NO._____________
12
Date
Admitted:________________________
Date
Admitted:________________________
Date
Admitted:________________________
13
By:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, Deputy Clerk
14
------------------------------------------------------
------------------------------------------------------
------------------------------------------------------
15
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
16
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
22
Case Number:
Case Number:
Case Number:
23
PLTF / DEFT EXHIBIT
NO._____________
PLTF / DEFT EXHIBIT
NO._____________
PLTF / DEFT EXHIBIT
NO._____________
24
Date
Admitted:________________________
Date
Admitted:________________________
Date
Admitted:________________________
25
By:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, Deputy Clerk
By:_______________________________
Stephen Ybarra, Deputy Clerk
------------------------------------------------------
------------------------------------------------------
------------------------------------------------------
9
10
United States District Court
Northern District of California
11
17
18
19
20
21
26
27
28
10
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?