BASF Corporation v. Auto Works & Company Inc et al

Filing 22

PRETRIAL ORDER NO. 1: CASE SCHEDULE. Signed by Judge Jacqueline Scott Corley on 5/9/2024. Pretrial Conference set for 6/12/2025 at 2:00 p.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Jury Selectio n set for 7/7/2025 at 8:30 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Jury Trial set for 7/7/2025 to 7/14/2025 at 8:30 a.m. (6-days) 08:30 AM in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 5/9/2024) Modified on 5/9/2024 (ahm, COURT STAFF).

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 BASF CORPORATION, 6 Plaintiff, 7 v. 8 AUTO WORKS & COMPANY INC, et al., 9 PRETRIAL ORDER NO. 1: CASE SCHEDULE Defendants. 10 Following the Initial Case Management Conference held on May 9, 2024, IT IS 11 United States District Court Northern District of California Case No. 24-cv-00486-JSC 12 ORDERED: 13 I. CASE MANAGEMENT SCHEDULE 14 Initial Disclosures Deadline: May 10, 2024 15 Dead June 10, 2024 16 Deadline for Defendant to File Counterclaims: August 9, 2024 17 Deadline for Parties to Move to Amend Pleadings: September 12, 2024 18 Fact Discovery Cut-Off: October 31, 2024 19 Expert Witness Disclosures: November 29, 2024 20 Rebuttal Expert Witness Disclosures: December 13, 2024 21 Expert Discovery Cutoff: January 15, 2025 22 Deadline for Filing Dispositive Motions: February 12, 2025 23 Deadline for Hearing Dispositive Motions: April 3, 2025 24 A further Case Management Conference is scheduled for August 22, 2024 at 1:30 p.m. via 25 Zoom video. An updated Joint Case Management Conference Statement is due August 15, 2024. 26 II. 27 28 DISCOVERY DEADLINES All depositions must be noticed at least 30 days before the close of fact discovery. Any discovery-related letter briefs or motions are due one week after the close of fact discovery. The 1 same rules apply to expert discovery. See N.D. Cal. Civ. L.R. 37-3. 2 III. A. 3 4 B. IV. A. At least seven days prior to date of the Final Pretrial Conference the parties shall do the following: 1. 11 United States District Court Northern District of California PRETRIAL CONFERENCE 19th Floor. Lead trial counsel for each party shall attend. 9 10 The Court is expecting the length of the trial to not exceed six court days. A Final Pretrial Conference shall be held on June 12, 2025, at 2:00 p.m., in Courtroom 8, 7 8 Jury trial will begin on July 7, 2025, at 8:30 a.m., in Courtroom 8, 19th Floor, U.S. District Court, 450 Golden Gate, San Francisco, California. 5 6 TRIAL DATE In lieu of preparing a Joint Pretrial Conference Statement, the parties shall 12 meet and confer in person, and then prepare and file a jointly signed Proposed Final Pretrial Order 13 that contains: (a) a brief description of the substance of claims and defenses which remain to be 14 decided; (b) a statement of all relief sought; (c) all stipulated facts; (d) a joint exhibit list in 15 numerical order, including a brief description of the exhibit and Bates numbers, a blank column 16 for when it will be offered into evidence, a blank column for when it may be received into 17 evidence, and a blank column for any limitations on its use; and (e) each party 18 list for its case-in-chief witnesses (including those appearing by deposition), including, for all such 19 witnesses (other than party plaintiffs or defendants), a short statement of the substance of his/her 20 testimony and, separately, what, if any, non-cumulative testimony the witness will offer. For each 21 witness, state an hour/minute time estimate for the direct examination (only). Items (d) and (e) 22 should be submitted as appendices to the proposed order. The proposed order should also state 23 which issues, if any, are for the Court to decide, rather than the jury. 2. 24 File a joint set of proposed instructions on substantive issues of law 25 26 Instruc 27 version of the instruction shall be inserted together, back to back, in their logical place in the 28 overall sequence. Each such disputed instruction shall be identifi 2 1 2 in as appropriate. All disputed versions of the same basic instruction shall bear the same number. 3 Any modifications to a form instruction must be plainly identified. If a party does not have a 4 counter version and simply contends that no such instruction in any version should be given, then 5 that party should so state (and explain why) on a separate page inserted in lieu of an alternate 6 version. With respect to form preliminary instructions, general instructions, or concluding 7 instructions, please simply cite to the numbers of the requested instructions in the current edition 8 of the Ninth Circuit Model Jury Instructions. Other than citing the numbers, the parties shall not 9 include preliminary, general, or concluding instructions in the packet. 3. 10 United States District Court Northern District of California 11 instructions, if any, organized by instruction number. 4. 12 13 File a joint set of proposed voir dire questions supplemented as necessary by separate requests. 14 5. File trial briefs on any controlling issues of law. 15 6. File proposed verdict forms, joint or separate. 16 7. File and serve any objections to exhibits. 17 8. File a joint simplified Statement of the Case to be read to the jury during 18 voir dire as part of the proposed jury instructions. Unless the case is extremely complex, this 19 statement should not exceed one page. B. 20 Any motions in limine shall be submitted as follows: at least twenty (20) calendar 21 days before the conference, the moving party shall serve, but not file, the opening brief. At least 22 ten (10) calendar days before the conference, the responding party shall serve the opposition. 23 There will be no reply. When the oppositions are received, the moving party should collate the 24 motion and the opposition together, back-to-back, and then file the paired sets at least seven (7) 25 calendar days before the conference. Each motion should be presented in a separate memorandum 26 a 27 party is limited to bringing five motions in limine. The parties are encouraged to stipulate where 28 possible, for example, as to the exclusion of witnesses from the courtroom. Each motion should 3 1 address a single, separate topic, and contain no more than seven pages of briefing per side. C. 2 3 the day after filing. The Joint Proposed Final Pretrial Order, jury instructions, and verdict form 4 shall also be submitted via e-mail as Word attachments to The 5 Court requests that all hard-copy submissions be three-hole-punched. 6 V. 7 PRETRIAL ARRANGEMENTS A. Should a daily transcript and/or real-time reporting be desired, the parties shall 8 make arrangements with Kristen Melen, Supervisor of the Court Reporting Services, at 9 (415) 522-2079, at least ten (10) calendar days prior to the trial date. 10 United States District Court Northern District of California Hard-copy courtesy copies of the above documents shall be delivered by NOON B. During trial, counsel may wish to use overhead projectors, laser-disk/computer 11 graphics, poster blow-ups, models, or specimens of devices. Equipment should be shared by all 12 counsel to the maximum extent possible. The Court provides no equipment other than an easel. 13 The United States Marshal requires a court order to allow equipment into the courthouse. For 14 electronic equipment, parties should be prepared to maintain the equipment or have a technician 15 handy at all times. The parties shall tape extension cords to the carpet for safety. The parties may 16 work with the deputy clerk, Ada Means (415-522-2015), on all courtroom-layout issues. SCHEDULING 17 18 Trial will be conducted from 8:30 a.m. to 2:30 or 3:00 p.m., depending on the availability 19 of witnesses, Monday through Friday. Counsel must arrive by 8:15 a.m., or earlier as needed, for 20 any matters to be heard out of the presence of the jury. The jury will be called at 8:30 a.m. 21 THE JURY 22 The Jury Office asks prospective jurors to complete an online jury questionnaire in 23 advance of their 24 website at 25 CAND-Trial_SurveyMonkey_3-2022.pdf. The parties are allowed to add 10 case specific 26 questions to the questionnaire. The parties shall meet and confer, and to the extent possible, file a 27 joint list of proposed questions to add to the questionnaire. To the extent that the parties cannot 28 agree, they may submit separate proposed questions from which the Court will choose 10. The 4 United States District Court Northern District of California 1 parties joint or separate submissions are due 21 days before trial. The Court will provide the 2 parties with the survey responses the Friday before trial. 3 In civil cases, there are no alternate jurors and the jury is selected as follows: Eighteen to 4 twenty jurors are called to fill the jury box and the row in front of the bar, and are given numbers 5 (1 through 20). The remaining potential jurors will be seated in the public benches. Hardship 6 excuses will usually be considered at this point. Counsel may conduct a limited voir dire. 7 Challenges for cause will then be addressed out of the presence of the potential jurors. The Court 8 will consider whether to fill in the seats of the stricken jurors. If so, questions will be asked of the 9 additional jurors and cause motions as to them will be considered. After a short recess, each side 10 may exercise its allotment of peremptory challenges out of the presence of the potential jurors. 11 The eight (or such other size as will constitute the jury) surviving the challenge process with the 12 lowest numbers become the final jury. If more (or fewer) than eight jurors are to be seated, then 13 the starting number will be adjusted. So too if more than a total of six peremptories are allowed. 14 On 15 in the jury box and sworn. The Court may alter this procedure in its discretion and after 16 consultation with the parties. WITNESSES 17 18 At the close of each trial day, all counsel shall exchange a list of witnesses for the 19 next two full court days and the exhibits that will be used during direct examination (other than 20 for impeachment of an adverse witness). Within 24 hours of such notice, all other counsel shall 21 provide any objections to such exhibits and shall provide a list of all exhibits to be used with the 22 same witness on cross-examination (other than for impeachment). The first notice shall be 23 exchanged prior to the first day of trial. All such notices shall be provided in writing. EXHIBITS 24 25 A. Prior to the Final Pretrial Conference, counsel must meet and confer in person to 26 consider all exhibit numbers and objections and to eliminate duplicate exhibits and confusion over 27 the precise exhibit. 28 B. Use numbers only, not letters, for exhibits, preferably the same numbers as were 5 1 used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g., 2 Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single 3 exhibit should be marked only once. If the plaintiff has marked an exhibit, then the defendant 4 should not re-mark the exact document with another number. Different versions of the same 5 document, e.g., a copy with additional handwriting, must be treated as different exhibits with 6 7 8 9 10 United States District Court Northern District of California 11 12 C. Exhibits tags: Exhibits must be labeled in the lower right-hand corner with the exhibit number in a prominent, bold typeface. 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 13 14 E. The parties shall provide the Court with one official set of the record exhibits seven 15 (7) days before the Pretrial Conference. Each exhibit must be separated with a label divider 16 identifying the exhibit number. Spine labels should indicate the numbers of the exhibits that are in 17 the binders. At trial, the parties shall provide individual witness exhibit binders which contain all 18 the exhibits the parties expect to use with the witness. The parties shall provide two copies of each 19 witness binder: one for the witness and one for the Court. 20 21 22 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 23 the Court. Publication must be by poster blow-up, overhead projection, or such other method as is 24 allowed in the circumstances. It is permissible to highlight, circle or underscore in the 25 enlargements as long as it is clear that it was not on the original. 26 CHARGING CONFERENCE 27 As the trial progresses and the evidence is heard, the Court will fashion a comprehensive 28 set of jury instructions to cover all issues actually being tried. Prior to the close of the evidence, 6 1 the Court will provide a draft final charge to the parties. After a reasonable period for review, one 2 or more charging conferences will be held at which each party may object to any passage, ask for 3 modifications, or ask for additions. Any instruction request must be renewed specifically at the 4 conference or it will be deemed waived, whether or not it was requested prior to trial. If, however, 5 a party still wishes t 6 affirmatively re-request it at the charging conference in order to give the Court a fair opportunity 7 to correct any error. Otherwise, as stated, the request will be deemed abandoned or waived. 8 9 10 11 IT IS SO ORDERED. Dated: May 9, 2024 ______________________________________ JACQUELINE SCOTT CORLEY United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7

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