American Work Adventures, Inc. et al v. Murugian et al

Filing 80

PRETRIAL ORDER. Signed by Judge Jacqueline Scott Corley on 9/16/2022. Pretrial Conference set for 2/29/2024 at 2:00 p.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Jury Selection set for 3/18/2024 at 8:30 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Jury Trial set for 3/18/2024 to 3/26/2024 at 8:30 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 9/16/2022)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AMERICAN WORK ADVENTURES, INC., 8 Plaintiff, 10 KARTHIK MURUGIAN, et al., Defendants. 11 United States District Court Northern District of California PRETRIAL ORDER NO. 1 v. 9 Case No. 21-cv-00084-JSC 12 13 Following the Further Case Management Conference held on September 16, 2022, IT IS 14 ORDERED THAT: 15 I. CASE MANAGEMENT SCHEDULE 16 Deadline for Initial Disclosures: September 30, 202 17 Deadline for Plaintiff to File TAC: October 17, 2022 18 Deadline to Move to Amend Pleadings: December 14, 2022 19 Fact Discovery Cut-Off: June 1, 2023 20 Expert Witness Disclosures: August 1, 2023 21 Rebuttal Expert Witness Disclosures: August 15, 2023 22 Expert Discovery Cutoff: September 8, 2023 23 Deadline for Hearing Dispositive Motions: October 27, 2023 24 A further Case Management Conference is scheduled for December 15, 2022, at 1:30 p.m. 25 via Zoom video webinar. An updated Joint Case Management Conference Statement is due 26 December 8, 2022. 27 28 This case is referred to Magistrate Judge Laurel Beeler at a time to be set by Judge Beeler after discussion with the parties, but no earlier than January 2023. 1 II. All fact depositions must be noticed at least 30 days before the close of fact discovery. 2 3 Any discovery-related letter briefs or motions are due one week after the close of discovery. See 4 N.D. Cal. Civ. L.R. 37-3. 5 III. 7 10 11 12 13 14 Jury trial will begin on March 18, 2024, at 8:30 a.m., in Courtroom 8, 19th Floor, U.S. District Court, 450 Golden Gate, San Francisco, California. B. 8 9 TRIAL DATE A. 6 United States District Court Northern District of California DISCOVERY DEADLINES IV. The Court is expecting the length of the trial to not exceed 7 court days. PRETRIAL CONFERENCE A Final Pretrial Conference shall be held on February 29, 2024, at 2:00 p.m., in Courtroom 8, 19th Floor. Lead trial counsel for each party shall attend. A. At least seven days prior to date of the Final Pretrial Conference the parties shall do the following: 1. In lieu of preparing a Joint Pretrial Conference Statement, the parties shall 15 meet and confer in person, and then prepare and file a jointly signed Proposed Final Pretrial Order 16 that contains: (a) a brief description of the substance of claims and defenses which remain to be 17 decided; (b) a statement of all relief sought; (c) all stipulated facts; (d) a joint exhibit list in 18 numerical order, including a brief description of the exhibit and Bates numbers, a blank column 19 for when it will be offered into evidence, a blank column for when it may be received into 20 evidence, and a blank column for any limitations on its use; and (e) each party’s separate witness 21 list for its case-in-chief witnesses (including those appearing by deposition), including, for all such 22 witnesses (other than party plaintiffs or defendants), a short statement of the substance of his/her 23 testimony and, separately, what, if any, non-cumulative testimony the witness will offer. For each 24 witness, state an hour/minute time estimate for the direct examination (only). Items (d) and (e) 25 should be submitted as appendices to the proposed order. The proposed order should also state 26 which issues, if any, are for the Court to decide, rather than the jury. 27 28 2. File a joint set of proposed instructions on substantive issues of law arranged in a logical sequence. If undisputed, an instruction shall be identified as “Stipulated 2 United States District Court Northern District of California 1 Instruction No. ____ Re ___________,” with the blanks filled in as appropriate. If disputed, each 2 version of the instruction shall be inserted together, back to back, in their logical place in the 3 overall sequence. Each such disputed instruction shall be identified as, for example, “Disputed 4 Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled 5 in as appropriate. All disputed versions of the same basic instruction shall bear the same number. 6 Any modifications to a form instruction must be plainly identified. If a party does not have a 7 counter version and simply contends that no such instruction in any version should be given, then 8 that party should so state (and explain why) on a separate page inserted in lieu of an alternate 9 version. With respect to form preliminary instructions, general instructions, or concluding 10 instructions, please simply cite to the numbers of the requested instructions in the current edition 11 of the Ninth Circuit Model Jury Instructions. Other than citing the numbers, the parties shall not 12 include preliminary, general, or concluding instructions in the packet. 3. 13 14 instructions, if any, organized by instruction number. 4. 15 16 File a separate memorandum of law in support of each party’s disputed File a joint set of proposed voir dire questions supplemented as necessary by separate requests. 17 5. File trial briefs on any controlling issues of law. 18 6. File proposed verdict forms, joint or separate. 19 7. File and serve any objections to exhibits. 20 8. File a joint simplified Statement of the Case to be read to the jury during 21 voir dire as part of the proposed jury instructions. Unless the case is extremely complex, this 22 statement should not exceed one page. 23 B. Any motions in limine shall be submitted as follows: at least twenty (20) calendar 24 days before the conference, the moving party shall serve, but not file, the opening brief. At least 25 ten (10) calendar days before the conference, the responding party shall serve the opposition. 26 There will be no reply. When the oppositions are received, the moving party should collate the 27 motion and the opposition together, back-to-back, and then file the paired sets at least seven (7) 28 calendar days before the conference. Each motion should be presented in a separate memorandum 3 1 and properly identified, for example, “Plaintiff’s Motion in Limine No. 1 to Exclude . . . .” Each 2 party is limited to bringing five motions in limine. The parties are encouraged to stipulate where 3 possible, for example, as to the exclusion of witnesses from the courtroom. Each motion should 4 address a single, separate topic, and contain no more than seven pages of briefing per side. C. 5 6 the day after filing. The Joint Proposed Final Pretrial Order, jury instructions, and verdict form 7 shall be submitted via e-mail as attachments to The Court requests that 8 all hard-copy submissions be three-hole-punched. 9 V. 10 United States District Court Northern District of California Hard-copy courtesy copies of the above documents shall be delivered by NOON PRETRIAL ARRANGEMENTS A. Should a daily transcript and/or real-time reporting be desired, the parties shall 11 make arrangements with Rick Duvall, Supervisor of the Court Reporting Services, at 12 (415) 522-2079, at least ten (10) calendar days prior to the trial date. 13 B. During trial, counsel may wish to use overhead projectors, laser-disk/computer 14 graphics, poster blow-ups, models, or specimens of devices. Equipment should be shared by all 15 counsel to the maximum extent possible. The Court provides no equipment other than an easel. 16 The United States Marshal requires a court order to allow equipment into the courthouse. For 17 electronic equipment, parties should be prepared to maintain the equipment or have a technician 18 handy at all times. The parties shall tape extension cords to the carpet for safety. The parties may 19 work with the deputy clerk, Ada Means (415-522-2015), on all courtroom-layout issues. 20 SCHEDULING 21 Trial will be conducted from 8:30 a.m. to 2:30 or 3:00 p.m., depending on the availability 22 of witnesses, Monday through Friday. Counsel must arrive by 8:15 a.m., or earlier as needed, for 23 any matters to be heard out of the presence of the jury. The jury will be called at 8:30 a.m. 24 25 THE JURY In civil cases, there are no alternate jurors and the jury is selected as follows: 26 Eighteen to twenty jurors are called to fill the jury box and the row in front of the bar, and are 27 given numbers (1 through 20). The remaining potential jurors will be seated in the public benches. 28 Hardship excuses will usually be considered at this point. The Court will then have each juror 4 United States District Court Northern District of California 1 orally answer a set of written questions (attached to this Order as Exhibit A) and will itself ask 2 questions of those in the box and in the front of the bar. Counsel may then conduct a limited voir 3 dire. Challenges for cause will then be addressed out of the presence of the potential jurors. The 4 Court will consider whether to fill in the seats of the stricken jurors. If so, questions will be asked 5 of the additional jurors and cause motions as to them will be considered. After a short recess, each 6 side may exercise its allotment of peremptory challenges out of the presence of the potential 7 jurors. The eight (or such other size as will constitute the jury) surviving the challenge process 8 with the lowest numbers become the final jury. For example, if the plaintiff strikes 1, 5, and 7 and 9 the defendant strikes 2, 4, and 9, then 3, 6, 8, 10, 11, 12, 13, and 14 become the final jury. If more 10 (or fewer) than eight jurors are to be seated, then the starting number will be adjusted. So too if 11 more than a total of six peremptories are allowed. Once the jury selection is completed, the jurors’ 12 names will be read again and they will be seated in the jury box and sworn. The Court may alter 13 this procedure in its discretion and after consultation with the parties. WITNESSES 14 15 At the close of each trial day, all counsel shall exchange a list of witnesses for the 16 next two full court days and the exhibits that will be used during direct examination (other than 17 for impeachment of an adverse witness). Within 24 hours of such notice, all other counsel shall 18 provide any objections to such exhibits and shall provide a list of all exhibits to be used with the 19 same witness on cross-examination (other than for impeachment). The first notice shall be 20 exchanged prior to the first day of trial. All such notices shall be provided in writing. EXHIBITS 21 22 A. Prior to the Final Pretrial Conference, counsel must meet and confer in person to 23 consider all exhibit numbers and objections and to eliminate duplicate exhibits and confusion over 24 the precise exhibit. 25 B. Use numbers only, not letters, for exhibits, preferably the same numbers as were 26 used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g., 27 Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single 28 exhibit should be marked only once. If the plaintiff has marked an exhibit, then the defendant 5 1 should not re-mark the exact document with another number. Different versions of the same 2 document, e.g., a copy with additional handwriting, must be treated as different exhibits with 3 different numbers. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be 4 marked and referred to as “Trial Exhibit No. _____,” not as “Plaintiff’s Exhibit” or “Defendant’s 5 Exhibit.” 6 C. The exhibit tag shall be in the following form: 7 8 9 10 United States District Court Northern District of California 11 12 13 14 Counsel preferably will make the tag up in a color that will stand out (yet still allow for 15 photocopying), but that is not essential. Place the tag on or near the lower right-hand corner or, if a 16 photograph, on the back. Counsel should fill in the tag but leave the last two spaces blank. The 17 parties must jointly prepare a single set of all trial exhibits that will be the official record set to be 18 used with the witnesses and on appeal. Each exhibit must be tagged, three-hole-punched, separated 19 with a label divider identifying the exhibit number, and placed in 3-ring binders. Spine labels 20 should indicate the numbers of the exhibits that are in the binders. Each set of exhibit binders 21 should be marked as “Original.” Deposit the exhibits with the deputy clerk seven (7) days before 22 the Pretrial Conference. 23 D. Counsel must consult with each other and with the deputy clerk at the end of each 24 trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If 25 there are any differences, counsel should bring them promptly to the Court’s attention. 26 E. The parties shall provide the Court with one official set of the record exhibits seven 27 (7) days before the Pretrial Conference. Each exhibit must be separated with a label divider 28 6 1 identifying the exhibit number. Spine labels should indicate the numbers of the exhibits that are in 2 the binders. At trial, the parties shall provide individual witness exhibit binders which contain all 3 the exhibits the parties expect to use with the witness. The parties shall provide two copies of each 4 witness binder: one for the witness and one for the Court. 5 6 7 F. Before the closing arguments, counsel must confer with the deputy clerk to make sure the exhibits in evidence are in good order. G. Exhibit notebooks for the jury will not be permitted without prior permission from 8 the Court. Publication must be by poster blow-up, overhead projection, or such other method as is 9 allowed in the circumstances. It is permissible to highlight, circle or underscore in the 10 enlargements as long as it is clear that it was not on the original. CHARGING CONFERENCE United States District Court Northern District of California 11 12 As the trial progresses and the evidence is heard, the Court will fashion a comprehensive 13 set of jury instructions to cover all issues actually being tried. Prior to the close of the evidence, 14 the Court will provide a draft final charge to the parties. After a reasonable period for review, one 15 or more charging conferences will be held at which each party may object to any passage, ask for 16 modifications, or ask for additions. Any instruction request must be renewed specifically at the 17 conference or it will be deemed waived, whether or not it was requested prior to trial. If, however, 18 a party still wishes to request an omitted instruction after reviewing the Court’s draft, then it must 19 affirmatively re-request it at the charging conference in order to give the Court a fair opportunity 20 to correct any error. Otherwise, as stated, the request will be deemed abandoned or waived. 21 22 23 24 IT IS SO ORDERED. Dated: September 16, 2022 ______________________________________ JACQUELINE SCOTT CORLEY United States District Judge 25 26 27 28 7 EXHIBIT A 1 BACKGROUND 2 3 4 5 6 HAVE EACH OF THE 20 PROSPECTIVE JURORS ANSWER ALOUD THE GENERAL BACKGROUND QUESTIONS ON THE SHEET THAT HAS BEEN HANDED OUT. 1. Please state your name: 2. Please state the city in which you live: 7 8 9 United States District Court Northern District of California 10 a. How long have you lived there? b. Where else have you lived in the past 5 years? 3. What is your current occupation? 11 a. How long have you been so employed? 12 b. What are your previous occupations, if any? 13 c. Have you or any member of your family been employed by a law firm? 14 4. Please give us the following information about your family: 15 16 17 a. Are you married? 1. If so, what is your spouse’s current occupation and by whom is your spouse employed? 18 b. Do you have any children? 19 20 21 If so: 1. How many? 2. What ages? 3. What are their occupations, if any? 22 5. Are there any other adults living in your household? 23 24 a. If so, how are they related to you, and what is their age and occupation? 25 26 27 28 8

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