Smith v. David Grant Medical Center et al
Filing
106
PRETRIAL SCHEDULING ORDER. Signed by Judge Jacqueline Scott Corley on 10/13/2022. Pretrial Conference set for 3/16/2023 at 2:00 p.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Bench Trial set for 3/28/2023 at 8:30 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 10/13/2022)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
CHARLES E. SMITH,
Plaintiff,
8
PRETRIAL SCHEDULING ORDER
v.
9
United States District Court
Northern District of California
Case No. 18-cv-04185-JSC
10
DAVID GRANT MEDICAL CENTER, et
al.,
11
Defendants.
12
Following the Case Management Conference held on October 13, 2022, IT IS ORDERED
13
14
15
THAT:
I.
CASE MANAGEMENT SCHEDULE
16
Fact Discovery Deadline:
December 12, 2022
17
Expert Witness Disclosures:
January 11, 2023
18
Rebuttal Expert Witness Disclosures:
February 3, 2023
19
Expert Discovery Deadline:
February 17, 2023
20
II.
A.
21
22
B.
III.
27
28
The length of the trial will not exceed 1 day.
PRETRIAL CONFERENCE
A Final Pretrial Conference shall be held on March 16, 2023, at 2:00 p.m., in Courtroom
25
26
A bench trial shall begin on March 28, 2023, at 8:30 a.m., in Courtroom 8, 19th
Floor, U.S. District Court, 450 Golden Gate Avenue, San Francisco, California.
23
24
TRIAL DATE
8, 19th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco. Lead trial counsel shall
attend the Conference.
IV.
TRIAL PROCEDURES
1
2
3
A.
Counsel shall not prepare a Joint Pretrial Conference Statement. Instead, twenty
(20) calendar days in advance of the Final Pretrial Conference, please do the following:
1. In lieu of preparing a Joint Pretrial Conference Statement, the parties shall meet
4
and confer telephonically or in person to prepare and file a jointly signed,
5
Proposed Final Pretrial Order that contains: (a) a brief description of the
6
substance of claims and defenses which remain to be decided; (b) a statement of
7
8
9
10
all relief sought; (c) all stipulated facts; (d) a list of all factual issues that remain
to be tried and organized by counts; (e) a joint exhibit list in numerical order,
including a brief description of the exhibit and Bates numbers, a blank column
for when it will be offered into evidence, a blank column for when it may be
received into evidence, and a blank column for any limitations on its use; and
United States District Court
Northern District of California
11
(f) each party’s separate witness list for its case-in-chief witnesses (including
12
those appearing by deposition) providing, for all such witnesses other than an
13
14
15
16
individual plaintiff and an individual defendant, a short statement of the
substance of his/her testimony and, separately, what, if any, non-cumulative
testimony the witness will offer. If non-cumulative testimony is not spelled
out, the Court will presume the witness is cumulative. For each witness, state
17
an hour/minute time estimate for the direct examination (only). Items (e) and
18
(f) should be appendices to the proposed order. The objective is to convert the
19
proposed order to a final order with the benefit of any discussion at the Final
20
Pretrial Conference.
21
2. File each side’s proposed Findings of Fact and Conclusions of Law;
22
3. File each side’s Trial Brief;
23
4. Serve Motions in Limine. At least twenty (20) calendar days before the pretrial
24
conference, the moving party shall serve, but not file, motions in limine. At
25
least ten (10) calendar days before the conference, the responding party shall
26
serve the opposition. There will be no reply. When the oppositions are received,
27
the moving party should collate the motion and the opposition, together, back-
28
to-back, and then file the paired sets at least seven (7) calendar days before the
2
1
conference. Each motion should be presented in a separate memorandum and
2
properly identified, for example, “Plaintiff’s Motion in Limine No. 1 to
3
Exclude . . . .” Each party is limited to bringing five motions in limine. The
4
parties are encouraged to stipulate where possible, for example, as to the
5
exclusion of witnesses from the courtroom. Each motion should address a
6
single, separate topic, and contain no more than seven pages of briefing per
side.
7
8
9
10
B.
Not less than seven (7) days before the Pretrial Conference, counsel and/or the
parties shall file and serve any objections to exhibits. Exhibits and witnesses not included in the
proposed Joint Pretrial Order pursuant to Paragraph IV.A.1. above may not be used in a party’s
case-in-chief and may not be used during cross examination of the other side’s case- in-chief
11
United States District Court
Northern District of California
(other than for impeachment). Defense witnesses are considered case-in-chief witnesses, not
12
13
14
15
16
17
18
19
“rebuttal” witnesses. Objections to exhibits not raised pursuant to Paragraph IV.A.2 are waived.
C.
delivered to Chambers at the time of filing. The Joint Proposed Final Pretrial Order and Proposed
Findings of Fact and Conclusions of Law shall be submitted via e-mail as attachments, in
MSWord format, to JSCPO@cand.uscourts.gov. Hard copies must be provided as well. All hardcopy submissions should be three-hole punched.
D.
At the Final Pretrial Conference, the above submissions shall be considered and, as
needed, argued.
20
21
Two (2) Chambers’ copies of all of the aforementioned documents shall be hand-
PRETRIAL ARRANGEMENTS
A.
Should a daily transcript and/or real-time reporting be desired, the parties shall
22
make arrangements with Rick Duvall, Supervisor of the Court Reporting Services, at
23
(415) 522-2079, at least ten (10) calendar days prior to the trial date.
24
B.
During trial, counsel may wish to use overhead projectors, laser-disk/computer
25
graphics, poster blow-ups, models, or specimens of devices. Equipment should be shared by all
26
counsel to the maximum extent possible. The Court provides no equipment other than an easel.
27
The United States Marshal requires a court order to allow equipment into the courthouse. For
28
electronic equipment, parties should be prepared to maintain the equipment or have a technician
3
1
handy at all times. The parties shall tape extension cords to the carpet for safety. The parties may
2
work with the deputy clerk, Ada Means (415-522-2015), on all courtroom-layout issues.
3
SCHEDULING
4
5
A.
Trial will be conducted from 8:30 a.m. to 2:30 p.m. (or slightly longer to finish a
6
witness) with one fifteen-minute break and one forty-five (45) minute lunch break, Monday
7
through Friday, excluding holidays.
OPENING STATEMENTS
8
9
10
United States District Court
Northern District of California
11
12
A.
If openings are permitted, each side will have a predetermined time limit for its
opening statement (usually no more than 45 minutes per side). Counsel should meet and confer to
exchange any visuals, graphics or exhibits to be used in the opening statements, allowing for time
to work out objections and any reasonable revisions.
WITNESSES
13
14
15
A.
At the close of each trial day, all counsel shall exchange a list of witnesses for the
next two full court days and the exhibits that will be used during direct examination (other than for
impeachment of an adverse witness). Within 24 hours of such notice, all other counsel shall
16
provide any objections to such exhibits and shall provide a list of all exhibits to be used with the
17
same witness on cross-examination (other than for impeachment). The first notice shall be
18
19
20
21
22
23
24
exchanged prior to the first day of trial. All such notice should be provided in writing.
B.
The parties shall have all upcoming witnesses on the same day available in the
courthouse and ready to testify. Failure to have the next witness ready or to be prepared to
proceed with the evidence will usually be deemed to constitute resting. If counsel plans to read in
a transcript of a deposition, counsel must have a deposition prepared and vetted early on to read
into the record.
C.
On the first day of trial, counsel shall bring the original and clean copies of any
25
deposition(s) intended to be used during the course of the trial. Any corrections must be readily
26
available. If counsel need to use the deposition during a witness examination, they shall provide
27
the Court with a copy with any corrections at the outset of the examination.
28
4
1
D.
In lieu of direct testimony, the Court will consider receiving “prepared direct”
2
testimony in the form of declarations. When the witness is presented, the proponent must verbally
3
summarize the direct. Live cross-examination and redirect shall then occur. The parties may also
4
agree to submit the entire testimony of a witness via written testimony.
EXHIBITS
5
6
7
8
9
10
11
A.
Prior to the final pretrial conference, counsel must meet and confer in person to
consider all exhibit numbers and objections and to eliminate duplicate exhibits and confusion over
the precise exhibit.
B.
Use numbers only, not letters, for exhibits, preferably the same numbers as were
used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g.,
Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single
United States District Court
Northern District of California
exhibit should be marked only once, just as it should have been marked only once in discovery
12
pursuant to this Court’s discovery guidelines). If the plaintiff has marked an exhibit, then the
13
defendant should not re-mark the exact document with another number. Different versions of the
14
15
same document, e.g., a copy with additional handwriting, must be treated as different exhibits with
different numbers. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be
16
marked and referred to as “Trial Exhibit No. _____,” not as “Plaintiff’s Exhibit” or “Defendant’s
17
Exhibit.” If an exhibit number differs from that used in a deposition transcript, then the latter
18
transcript must be conformed to the new trial number, if and when the deposition testimony is
19
used (so as to avoid confusion over exhibit numbers). There should be no competing versions of
20
the same exhibit number; any discrepancies must be brought to the Court’s attention promptly.
21
22
23
24
25
26
27
28
5
1
C.
The exhibit tag shall be in the following form:
2
3
UNITED STATES DISTRICT COURT
4
NORTHERN DISTRICT OF CALIFORNIA
5
TRIAL EXHIBIT 100
6
7
Case No. ________________
8
9
Date Entered _____________
10
United States District Court
Northern District of California
11
By______________________
Deputy Clerk
12
13
Place the tag on or near the lower right-hand corner or, if a photograph, on the back.
14
15
Counsel should fill in the tag but leave the last two spaces blank. The parties must jointly prepare
16
a single set of all trial exhibits that will be the official record set to be used with the witnesses and
17
on appeal. Each exhibit must be tagged, three-hole-punched, separated with a label divider
18
identifying the exhibit number, and placed in 3-ring binders. Spine labels should indicate the
19
20
21
22
23
numbers of the exhibits that are in the binders. Each set of exhibit binders should be marked as
“Original”. Deposit the exhibits with the deputy clerk ten (10) days before the Pretrial
Conference.
D.
Counsel must consult with each other and with the deputy clerk at the end of each
trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If
there are any differences, counsel should bring them promptly to the Court’s attention.
24
E.
In addition to the official record exhibits, three (3), joint sets of bench binders
25
containing a copy of the exhibits must be provided to the Court ten (10) days before the Pretrial
26
Conference, and should be marked as “Chambers Copies”. Each exhibit must be separated with a
27
28
6
1
label divider identifying the exhibit number. (An exhibit tag is unnecessary for the bench set.)
2
Spine labels should indicate the numbers of the exhibits in the binders.
3
F.
Before the closing arguments, counsel must confer with the deputy clerk to make
4
sure the exhibits in evidence are in good order. Counsel may, but are not required to, jointly
5
provide a revised list of all exhibits actually in evidence (and no others) stating the exhibit number
6
and a brief, non-argumentative description (e.g., letter from A. B. Case to D. E. Frank, dated
7
August 17, 1999).
TIME LIMITS
8
United States District Court
Northern District of California
9
A.
In certain cases, the Court will set fixed time limits at the final pretrial conference.
10
All of your examination time (whether direct, cross, re-direct or re-cross) for all witnesses and side
11
bar conference time must fit within your time limit and you may allocate it as you wish. Opening
12
and closing time limits shall be considered separately.
13
14
IT IS SO ORDERED.
15
Dated: October 13, 2022
16
17
JACQUELINE SCOTT CORLEY
United States District Judge
18
19
20
21
22
23
24
25
26
27
28
7
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?