Operating Engineers Health And Welfare Trust Fund et al v. Mike Cross Construction et al

Filing 23

PRETRIAL ORDER NO. 1: CASE SCHEDULE. Signed by Judge Jacqueline Scott Corley on 6/6/2024. Pretrial Conference set for 9/25/2025 at 2:00 p.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Bench Trial set for 10/7/2025 to 10/8/2025 at 8:30 a.m. (2-days) in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 6/6/2024)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND, et al., 8 Plaintiffs, 9 10 v. PRETRIAL ORDER NO. 1: CASE SCHEDULE MIKE CROSS CONSTRUCTION, et al., 11 United States District Court Northern District of California Case No. 24-cv-00122-JSC Defendants. 12 13 14 15 Following the Initial Case Management Conference held on June 6, 2024, IT IS ORDERED: I. CASE MANAGEMENT DEADLINES 16 Court-sponsored mediation: October 11, 2024 17 Move to Amend Pleadings: October 3, 2024 18 Completion of Fact Discovery: January 15, 2025 19 Expert Disclosures/Reports: January 29, 2025 20 Rebuttal Expert Reports: February 14, 2025 Completion of Expert Discovery: February 28, 2025 Deadline for Filing Dispositive Motions: April 21, 2025 Hearing Date for Dispositive Motions: June 26, 2025 21 22 23 24 25 26 27 28 The parties are referred to the Court’s ADR Program for a mediation to occur by October 11, 2024. The Court will hold a further case management conference by Zoom video at 1:30 p.m. on November 14, 2024. An updated statement is due one week in advance. 1 II. A. 2 3 B. III. The Court expects the length of the trial will not exceed 2 days. PRETRIAL CONFERENCE 6 A Final Pretrial Conference shall be held on September 25, 2025, at 2:00 p.m., in 7 Courtroom 8, 19th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco. Lead trial 8 counsel shall attend the Conference. 9 10 11 United States District Court Northern District of California A bench trial shall begin on October 6, 2025, at 8:30 a.m., in Courtroom 8, 19th Floor, U.S. District Court, 450 Golden Gate Avenue, San Francisco, California. 4 5 TRIAL DATE 12 13 IV. TRIAL PROCEDURES 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 and confer telephonically or in person to prepare and file a jointly signed, Proposed Final Pretrial Order that contains: (a) a brief description of the 14 substance of claims and defenses which remain to be decided; (b) a statement of 15 all relief sought; (c) all stipulated facts; (d) a list of all factual issues that remain 16 17 18 19 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 20 (f) each party’s separate witness list for its case-in-chief witnesses (including 21 those appearing by deposition) providing, for all such witnesses other than an 22 individual plaintiff and an individual defendant, a short statement of the 23 substance of his/her testimony and, separately, what, if any, non-cumulative 24 testimony the witness will offer. If non-cumulative testimony is not spelled 25 out, the Court will presume the witness is cumulative. For each witness, state 26 an hour/minute time estimate for the direct examination (only). Items (e) and 27 (f) should be appendices to the proposed order. The objective is to convert the 28 2 1 proposed order to a final order with the benefit of any discussion at the Final 2 Pretrial Conference. 3 2. File each side’s proposed Findings of Fact and Conclusions of Law; 4 3. File each side’s Trial Brief; 5 4. Serve Motions in Limine. At least twenty (20) calendar days before the pretrial 6 conference, the moving party shall serve, but not file, motions in limine. At least ten (10) calendar days before the conference, the responding party shall 7 serve the opposition. There will be no reply. When the oppositions are received, 8 the moving party should collate the motion and the opposition, together, back- 9 to-back, and then file the paired sets at least seven (7) calendar days before the 10 conference. Each motion should be presented in a separate memorandum and United States District Court Northern District of California 11 properly identified, for example, “Plaintiff’s Motion in Limine No. 1 to 12 Exclude . . . .” Each party is limited to bringing five motions in limine. The 13 parties are encouraged to stipulate where possible, for example, as to the 14 exclusion of witnesses from the courtroom. Each motion should address a 15 single, separate topic, and contain no more than seven pages of briefing per 16 17 side. B. Not less than seven (7) days before the Pretrial Conference, counsel and/or the 18 parties shall file and serve any objections to exhibits. Exhibits and witnesses not included in the 19 proposed Joint Pretrial Order pursuant to Paragraph IV.A.1. above may not be used in a party’s 20 case-in-chief and may not be used during cross examination of the other side’s case- in-chief 21 (other than for impeachment). Defense witnesses are considered case-in-chief witnesses, not 22 “rebuttal” witnesses. Objections to exhibits not raised pursuant to Paragraph IV.A.2 are waived. 23 C. Two (2) Chambers’ copies of all of the aforementioned documents shall be hand- 24 delivered to Chambers at the time of filing. The Joint Proposed Final Pretrial Order and Proposed 25 Findings of Fact and Conclusions of Law shall be submitted via e-mail as attachments, in 26 MSWord format, to JSCPO@cand.uscourts.gov. Hard copies must be provided as well. All hard- 27 copy submissions should be three-hole punched. 28 3 1 2 D. needed, argued. PRETRIAL ARRANGEMENTS 3 4 At the Final Pretrial Conference, the above submissions shall be considered and, as A. Should a daily transcript and/or real-time reporting be desired, the parties shall 5 make arrangements with Kristen Melen, Supervisor of the Court Reporting Services, at 6 (415) 522-2079, at least ten (10) calendar days prior to the trial date. 7 8 9 10 B. During trial, counsel may wish to use overhead projectors, laser-disk/computer graphics, poster blow-ups, models, or specimens of devices. Equipment should be shared by all counsel to the maximum extent possible. The Court provides no equipment other than an easel. The United States Marshal requires a court order to allow equipment into the courthouse. For electronic equipment, parties should be prepared to maintain the equipment or have a technician 11 United States District Court Northern District of California handy at all times. The parties shall tape extension cords to the carpet for safety. The parties may 12 work with the deputy clerk, Ada Means (415-522-2015), on all courtroom-layout issues. 13 14 15 16 17 SCHEDULING A. witness) with one fifteen-minute break and one forty-five (45) minute lunch break, Monday through Friday, excluding holidays. 18 19 20 Trial will be conducted from 8:30 a.m. to 2:30 p.m. (or slightly longer to finish a OPENING STATEMENTS 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 21 exchange any visuals, graphics or exhibits to be used in the opening statements, allowing for time 22 to work out objections and any reasonable revisions. 23 24 WITNESSES A. At the close of each trial day, all counsel shall exchange a list of witnesses for the 25 next two full court days and the exhibits that will be used during direct examination (other than for 26 impeachment of an adverse witness). Within 24 hours of such notice, all other counsel shall 27 provide any objections to such exhibits and shall provide a list of all exhibits to be used with the 28 4 1 same witness on cross-examination (other than for impeachment). The first notice shall be 2 exchanged prior to the first day of trial. All such notice should be provided in writing. 3 B. The parties shall have all upcoming witnesses on the same day available in the 4 courthouse and ready to testify. Failure to have the next witness ready or to be prepared to 5 proceed with the evidence will usually be deemed to constitute resting. If counsel plans to read in 6 a transcript of a deposition, counsel must have a deposition prepared and vetted early on to read 7 8 9 10 into the record. C. On the first day of trial, counsel shall bring the original and clean copies of any deposition(s) intended to be used during the course of the trial. Any corrections must be readily available. If counsel need to use the deposition during a witness examination, they shall provide the Court with a copy with any corrections at the outset of the examination. 11 United States District Court Northern District of California D. In lieu of direct testimony, the Court will consider receiving “prepared direct” 12 testimony in the form of declarations. When the witness is presented, the proponent must verbally 13 14 summarize the direct. Live cross-examination and redirect shall then occur. The parties may also agree to submit the entire testimony of a witness via written testimony. 15 16 17 18 19 EXHIBITS 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 20 used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g., 21 Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single 22 exhibit should be marked only once, just as it should have been marked only once in discovery 23 pursuant to this Court’s discovery guidelines). If the plaintiff has marked an exhibit, then the 24 defendant should not re-mark the exact document with another number. Different versions of the 25 same document, e.g., a copy with additional handwriting, must be treated as different exhibits with 26 different numbers. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be 27 marked and referred to as “Trial Exhibit No. _____,” not as “Plaintiff’s Exhibit” or “Defendant’s 28 Exhibit.” If an exhibit number differs from that used in a deposition transcript, then the latter 5 1 transcript must be conformed to the new trial number, if and when the deposition testimony is 2 used (so as to avoid confusion over exhibit numbers). There should be no competing versions of 3 the same exhibit number; any discrepancies must be brought to the Court’s attention promptly. 4 5 6 7 8 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 6 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 14 Place the tag on or near the lower right-hand corner or, if a photograph, on the back. 15 16 Counsel should fill in the tag but leave the last two spaces blank. The parties must jointly prepare 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 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 23 trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If 24 there are any differences, counsel should bring them promptly to the Court’s attention. 25 E. In addition to the official record exhibits, three (3), joint sets of bench binders 26 containing a copy of the exhibits must be provided to the Court ten (10) days before the Pretrial 27 Conference, and should be marked as “Chambers Copies”. Each exhibit must be separated with a 28 7 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 9 10 11 A. In certain cases, the Court will set fixed time limits at the final pretrial conference. All of your examination time (whether direct, cross, re-direct or re-cross) for all witnesses and side bar conference time must fit within your time limit and you may allocate it as you wish. Opening United States District Court Northern District of California and closing time limits shall be considered separately. 12 13 IT IS SO ORDERED. 14 Dated: June 6, 2024 15 16 17 JACQUELINE SCOTT CORLEY United States District Judge 18 19 20 21 22 23 24 25 26 27 28 8

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