Valdez et al v. City of San Jose et al

Filing 260

AMENDED CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL. Signed by Judge Kandis A. Westmore on 05/27/2014. (kawlc2S, COURT STAFF) (Filed on 5/27/2014)

1
2
3

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

5
6
7

FRANCISCO VALDEZ, et al.,
Plaintiffs,

8

v.

9
10

AMENDED1 CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL

CITY OF SAN JOSE, et al.,
Defendants.

11

United States District Court
Northern District of California

Case No.: 4:09-cv-0176 KAW

12
13

1.

TRIAL DATE (First Trial)
a.

14

Jury trial will begin on June 16, 2014 at 1:00 p.m. at the U.S. District Court, 1301

15

Clay Street, Oakland, California. For courtroom number and floor information, please check the

16

Court’s on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call

17

Susan Imbriani (Judge Westmore’s Courtroom Deputy) at [phone].
b.

18

The length of the trial will be not more than 5 days. The Court may shorten the

19

allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side.

20

Given the Court’s criminal duty calendar, trial will begin each day at 1:00 p.m. and end at 5:00

21

p.m.

22

2.

PRETRIAL CONFERENCE
a.

23

A pretrial conference shall be held on June 3, 2014 at 3:00 p.m. Lead counsel

24

who will try the case (or the party if pro se) must attend. The timing of disclosures required

25

by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by

26

this order.

27
28

1

This order is amended to reflect the correct start and end time for the jury trial beginning June
16, 2014 and the jury trial beginning June 30, 2014.
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
1

1
2

b.

By May 6, 2014, thirty (30) days prior to the date of the pretrial conference, lead

counsel shall meet and confer regarding:

3

(1)

Preparation and content of the joint pretrial conference statement;

4

(2)

Preparation and exchange of pretrial materials to be served and lodged
pursuant to paragraph 5(c) below; and

5

(3)

6
7
8
9

c.

Settlement of the action.

By May 16, 2014, twenty (20) days prior to the pretrial conference, counsel

and/or parties shall:
(1)

Serve and file a joint pretrial statement that includes the pretrial disclosures
required by Federal Rule of Civil Procedure 26(a)(3) as well as the

11

United States District Court
Northern District of California

10

following supplemental information:

12

(a)

The Action.
(i)

13

Substance of the Action. A brief description of the substance
of claims and defenses which remain to be decided.

14

(ii)

15

Relief Prayed. A detailed statement of all the relief claims,

16

particularly itemizing all elements of damages claimed as well

17

as witnesses, documents or other evidentiary material to be

18

presented concerning the amount of those damages.

19
20

(b)

The Factual Basis of the Action.
(i)

Undisputed Facts. A plain and concise statement of all

21

relevant facts not reasonably disputable, as well as which facts

22

parties will stipulate for incorporation into the trial record

23

without the necessity of supporting testimony or exhibits.

24
25
26

(ii)

Disputed Factual Issues. A plain and concise statement of all
disputed factual issues which remain to be decided.

(iii) Agreed Statement. A statement assessing whether all or part

27

of the action may be presented upon an agreed statement of

28

facts.
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
2

(iv) Stipulations. A statement of stipulations requested or

1

proposed for pretrial or trial purposes.

2
3

(c)

Disputed Legal Issues.

4

Without extended legal argument, a concise statement of each

5

disputed point of law concerning liability or relief, citing supporting

6

statutes and decisions.

7

(d)

Trial Preparation.
(i)

8

Witnesses to Be Called. With regard to witnesses disclosed
pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A),

10

a brief statement describing the substance of the testimony to

11

United States District Court
Northern District of California

9

be given.
(ii)

12

Estimate of Trial Time. An estimate of the number of hours

13

needed for the presentation of each party’s case, indicating

14

possible reductions in time through proposed stipulations,

15

agreed statements of facts, or expedited means of presenting

16

testimony and exhibits.
(iii) Use of Discovery Responses. Designate excerpts from

17
18

discovery that the parties intend to present at trial, other than

19

solely for impeachment or rebuttal, from depositions

20

specifying the witness page and line references, from

21

interrogatory answers, or from responses to requests for

22

admission.

23
24

(e)

Trial Alternatives and Options.
(i)

Settlement Discussion. A statement summarizing the status of

25

settlement negotiations and indicating whether further

26

negotiations are likely to be productive.

27
28
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
3

(ii)

1

Amendments, Dismissals. A statement of requested or

2

proposed amendments to pleadings or dismissals of parties,

3

claims or defenses.
(f)

4

Miscellaneous.

5

Any other subjects relevant to the trial of the action or material to

6

its just, speedy and inexpensive determination.

7

(2)

Serve and file trial briefs (not to exceed 25 pages), which shall specify each

8

cause of action and defense remaining to be tried along with a statement of

9

the applicable legal standard (no opposition shall be filed);

10

(3)

one document not to exceed 25 pages;

United States District Court
Northern District of California

11
12

Serve and file no more than ten motions in limine, which shall be filed in

(4)

Serve and file proposed voir dire questions, jury instructions, verdict forms

13

and excerpts from discovery that will be offered at trial (include a copy of

14

the deposition testimony or admission). The parties shall submit proposed

15

jury instructions jointly. If there are any instructions on which the parties

16

cannot agree, those instructions may be submitted separately. The parties

17

shall submit a jointly prepared proposed form of verdict, or, if the parties

18

cannot agree, their respective proposals;

19

(5)

each expert witness;

20
21

Serve and file an exhibit setting forth the qualifications and experience for

(6)

Serve and file a list of each party’s exhibits by number (plaintiff) or letter

22

(defendant), including a brief statement describing the substance and

23

purpose of each exhibit and the name of the sponsoring witness;

24

(7)

Exchange exhibits which shall be premarked with an exhibit sticker tabbed

25

and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall

26

use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties

27

shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3,

28

etc.); and
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
4

(8)

1

Deliver two sets of all premarked exhibits to chambers, tabbed and in
binders (exhibits are not to be filed).

2

No party shall be permitted to call any witness or offer any exhibit in its case in chief that

3
4

is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the

5

Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good

6

cause.
d.

7

By May 23, 2014, ten (10) days prior to the pretrial conference, after meeting and

conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and

9

file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any

10

objections to witnesses, including the qualifications of an expert witness; (3) any objection to

11

United States District Court
Northern District of California

8

proposed voir dire questions, jury instructions and verdict forms that the parties have been unable

12

in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The

13

parties shall not file separate objections, apart from those contained in the motions in limine, to

14

the opposing party's witness list, exhibit list or discovery designations.
e.

15
16
17

3.

All motions shall be heard at the pretrial conference unless otherwise ordered.

JURY TRIAL
a.

The attached voir dire questionnaire (or similar) shall be given or presented to the

18

venire members to be answered orally in Court. Counsel shall submit an agreed upon set of

19

additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel

20

cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire

21

after the Court's questioning.

22

b.

The following jury instructions from the Ninth Circuit Manual of Model Civil Jury

23

Instructions (available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given

24

absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed

25

upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not

26

submit duplicates of those listed above. Any instructions on which counsel cannot agree may be

27

submitted separately. Each requested instruction shall be typed in full on a separate page with

28

citations to the authority upon which it is based and a reference to the party submitting it. A
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
5

1

second blind copy of each instruction and verdict form shall also be submitted omitting the

2

citation to authority and the reference to the submitting party.

3

4.

4

instructions, motions in limine, forms of verdict, and trial briefs in standard Word format (.doc or

5

.docx, not .pdf format) to [e-mail].

In addition to electronic filing, Counsel shall email copies of all proposed jury

6
7

5.

SUMMARY OF DATES
Trial

June 16, 2014

9

Pretrial Conference

June 3, 2014

10

Objections

May 23, 2014

11

United States District Court
Northern District of California

8

Joint Pretrial Statement

May 16, 2014

12

Meet and Confer

May 6, 2014

13
14

1.

15

TRIAL DATE (Second Trial)
a.

Jury trial will begin on June 30, 2014 at 1:00 p.m. at the U.S. District Court, 1301

16

Clay Street, Oakland, California. For courtroom number and floor information, please check the

17

Court’s on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call

18

Susan Imbriani (Judge Westmore’s Courtroom Deputy) at [phone].

19

b.

The length of the trial will be not more than 5 days. The Court may shorten the

20

allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side.

21

Given the Court’s criminal duty calendar, trial will begin each day at 1:00 p.m. and end at 5:00

22

p.m.

23

2.

24

PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on June 17, 2014 at 3:00 p.m. Lead counsel

25

who will try the case (or the party if pro se) must attend. The timing of disclosures required

26

by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by

27

this order.

28
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
6

1
2

b.

By May 20, 2014, thirty (30) days prior to the date of the pretrial conference, lead

counsel shall meet and confer regarding:

3

(1)

Preparation and content of the joint pretrial conference statement;

4

(2)

Preparation and exchange of pretrial materials to be served and lodged
pursuant to paragraph 5(c) below; and

5

(3)

6
7
8
9

c.

Settlement of the action.

By May 30, 2014, twenty (20) days prior to the pretrial conference, counsel

and/or parties shall:
(1)

Serve and file a joint pretrial statement that includes the pretrial disclosures
required by Federal Rule of Civil Procedure 26(a)(3) as well as the

11

United States District Court
Northern District of California

10

following supplemental information:

12

(a)

The Action.
(i)

13

Substance of the Action. A brief description of the substance
of claims and defenses which remain to be decided.

14

(ii)

15

Relief Prayed. A detailed statement of all the relief claims,

16

particularly itemizing all elements of damages claimed as well

17

as witnesses, documents or other evidentiary material to be

18

presented concerning the amount of those damages.

19
20

(b)

The Factual Basis of the Action.
(i)

Undisputed Facts. A plain and concise statement of all

21

relevant facts not reasonably disputable, as well as which facts

22

parties will stipulate for incorporation into the trial record

23

without the necessity of supporting testimony or exhibits.

24
25
26

(ii)

Disputed Factual Issues. A plain and concise statement of all
disputed factual issues which remain to be decided.

(iii) Agreed Statement. A statement assessing whether all or part

27

of the action may be presented upon an agreed statement of

28

facts.
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
7

(iv) Stipulations. A statement of stipulations requested or

1

proposed for pretrial or trial purposes.

2
3

(c)

Disputed Legal Issues.

4

Without extended legal argument, a concise statement of each

5

disputed point of law concerning liability or relief, citing supporting

6

statutes and decisions.

7

(d)

Trial Preparation.
(i)

8

Witnesses to Be Called. With regard to witnesses disclosed
pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A),

10

a brief statement describing the substance of the testimony to

11

United States District Court
Northern District of California

9

be given.
(ii)

12

Estimate of Trial Time. An estimate of the number of hours

13

needed for the presentation of each party’s case, indicating

14

possible reductions in time through proposed stipulations,

15

agreed statements of facts, or expedited means of presenting

16

testimony and exhibits.
(iii) Use of Discovery Responses. Designate excerpts from

17
18

discovery that the parties intend to present at trial, other than

19

solely for impeachment or rebuttal, from depositions

20

specifying the witness page and line references, from

21

interrogatory answers, or from responses to requests for

22

admission.

23
24

(e)

Trial Alternatives and Options.
(i)

Settlement Discussion. A statement summarizing the status of

25

settlement negotiations and indicating whether further

26

negotiations are likely to be productive.

27
28
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
8

(ii)

1

Amendments, Dismissals. A statement of requested or

2

proposed amendments to pleadings or dismissals of parties,

3

claims or defenses.
(f)

4

Miscellaneous.

5

Any other subjects relevant to the trial of the action or material to

6

its just, speedy and inexpensive determination.

7

(2)

Serve and file trial briefs (not to exceed 25 pages), which shall specify each

8

cause of action and defense remaining to be tried along with a statement of

9

the applicable legal standard (no opposition shall be filed);

10

(3)

one document not to exceed 25 pages;

United States District Court
Northern District of California

11
12

Serve and file no more than ten motions in limine, which shall be filed in

(4)

Serve and file proposed voir dire questions, jury instructions, verdict forms

13

and excerpts from discovery that will be offered at trial (include a copy of

14

the deposition testimony or admission). The parties shall submit proposed

15

jury instructions jointly. If there are any instructions on which the parties

16

cannot agree, those instructions may be submitted separately. The parties

17

shall submit a jointly prepared proposed form of verdict, or, if the parties

18

cannot agree, their respective proposals;

19

(5)

each expert witness;

20
21

Serve and file an exhibit setting forth the qualifications and experience for

(6)

Serve and file a list of each party’s exhibits by number (plaintiff) or letter

22

(defendant), including a brief statement describing the substance and

23

purpose of each exhibit and the name of the sponsoring witness;

24

(7)

Exchange exhibits which shall be premarked with an exhibit sticker tabbed

25

and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall

26

use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties

27

shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3,

28

etc.); and
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
9

(8)

1

Deliver two sets of all premarked exhibits to chambers, tabbed and in
binders (exhibits are not to be filed).

2

No party shall be permitted to call any witness or offer any exhibit in its case in chief that

3
4

is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the

5

Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good

6

cause.
d.

7

By June 9, 2014, ten (10) days prior to the pretrial conference, after meeting and

conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and

9

file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any

10

objections to witnesses, including the qualifications of an expert witness; (3) any objection to

11

United States District Court
Northern District of California

8

proposed voir dire questions, jury instructions and verdict forms that the parties have been unable

12

in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The

13

parties shall not file separate objections, apart from those contained in the motions in limine, to

14

the opposing party's witness list, exhibit list or discovery designations.
e.

15
16
17

3.

All motions shall be heard at the pretrial conference unless otherwise ordered.

JURY TRIAL
a.

The attached voir dire questionnaire (or similar) shall be given or presented to the

18

venire members to be answered orally in Court. Counsel shall submit an agreed upon set of

19

additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel

20

cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire

21

after the Court's questioning.

22

b.

The following jury instructions from the Ninth Circuit Manual of Model Civil Jury

23

Instructions (available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given

24

absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed

25

upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not

26

submit duplicates of those listed above. Any instructions on which counsel cannot agree may be

27

submitted separately. Each requested instruction shall be typed in full on a separate page with

28

citations to the authority upon which it is based and a reference to the party submitting it. A
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
10

1

second blind copy of each instruction and verdict form shall also be submitted omitting the

2

citation to authority and the reference to the submitting party.

3

4.

4

instructions, motions in limine, forms of verdict, and trial briefs in standard Word format (.doc or

5

.docx, not .pdf format) to [e-mail].

In addition to electronic filing, Counsel shall email copies of all proposed jury

6
7

5.

SUMMARY OF DATES
Trial

June 30, 2014

9

Pretrial Conference

June 17, 2014

10

Objections

June 9, 2014

11

United States District Court
Northern District of California

8

Joint Pretrial Statement

May 30, 2014

12

Meet and Confer

May 20, 2014

13
14

1.

15

TRIAL DATE (Third Trial)
a.

Jury trial will begin on September 15, 2014 at 8:30 a.m. at the U.S. District

16

Court, 1301 Clay Street, Oakland, California. For courtroom number and floor information,

17

please check the Court’s on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior

18

to trial, or call Susan Imbriani (Judge Westmore’s Courtroom Deputy) at [phone].

19

b.

The length of the trial will be not more than 5 days. The Court may shorten the

20

allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side.

21

Court hours for trial normally are 8:30 a.m. to 1:30 p.m., subject to the Court’s availability.

22

2.

23

PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on September 2, 2014 at 3:00 p.m. Lead

24

counsel who will try the case (or the party if pro se) must attend. The timing of disclosures

25

required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be

26

governed by this order.

27
28
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
11

1
2

b.

By August 5, 2014 thirty (30) days prior to the date of the pretrial conference,

lead counsel shall meet and confer regarding:

3

(1)

Preparation and content of the joint pretrial conference statement;

4

(2)

Preparation and exchange of pretrial materials to be served and lodged
pursuant to paragraph 5(c) below; and

5

(3)

6
7
8
9

c.

Settlement of the action.

By August 15, 2014, twenty (20) days prior to the pretrial conference, counsel

and/or parties shall:
(1)

Serve and file a joint pretrial statement that includes the pretrial disclosures
required by Federal Rule of Civil Procedure 26(a)(3) as well as the

11

United States District Court
Northern District of California

10

following supplemental information:

12

(a)

The Action.
(i)

13

Substance of the Action. A brief description of the substance
of claims and defenses which remain to be decided.

14

(ii)

15

Relief Prayed. A detailed statement of all the relief claims,

16

particularly itemizing all elements of damages claimed as well

17

as witnesses, documents or other evidentiary material to be

18

presented concerning the amount of those damages.

19
20

(b)

The Factual Basis of the Action.
(i)

Undisputed Facts. A plain and concise statement of all

21

relevant facts not reasonably disputable, as well as which facts

22

parties will stipulate for incorporation into the trial record

23

without the necessity of supporting testimony or exhibits.

24
25
26

(ii)

Disputed Factual Issues. A plain and concise statement of all
disputed factual issues which remain to be decided.

(iii) Agreed Statement. A statement assessing whether all or part

27

of the action may be presented upon an agreed statement of

28

facts.
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
12

(iv) Stipulations. A statement of stipulations requested or

1

proposed for pretrial or trial purposes.

2
3

(c)

Disputed Legal Issues.

4

Without extended legal argument, a concise statement of each

5

disputed point of law concerning liability or relief, citing supporting

6

statutes and decisions.

7

(d)

Trial Preparation.
(i)

8

Witnesses to Be Called. With regard to witnesses disclosed
pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A),

10

a brief statement describing the substance of the testimony to

11

United States District Court
Northern District of California

9

be given.
(ii)

12

Estimate of Trial Time. An estimate of the number of hours

13

needed for the presentation of each party’s case, indicating

14

possible reductions in time through proposed stipulations,

15

agreed statements of facts, or expedited means of presenting

16

testimony and exhibits.
(iii) Use of Discovery Responses. Designate excerpts from

17
18

discovery that the parties intend to present at trial, other than

19

solely for impeachment or rebuttal, from depositions

20

specifying the witness page and line references, from

21

interrogatory answers, or from responses to requests for

22

admission.

23
24

(e)

Trial Alternatives and Options.
(i)

Settlement Discussion. A statement summarizing the status of

25

settlement negotiations and indicating whether further

26

negotiations are likely to be productive.

27
28
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
13

(ii)

1

Amendments, Dismissals. A statement of requested or

2

proposed amendments to pleadings or dismissals of parties,

3

claims or defenses.
(f)

4

Miscellaneous.

5

Any other subjects relevant to the trial of the action or material to

6

its just, speedy and inexpensive determination.

7

(2)

Serve and file trial briefs (not to exceed 25 pages), which shall specify each

8

cause of action and defense remaining to be tried along with a statement of

9

the applicable legal standard (no opposition shall be filed);

10

(3)

one document not to exceed 25 pages;

United States District Court
Northern District of California

11
12

Serve and file no more than ten motions in limine, which shall be filed in

(4)

Serve and file proposed voir dire questions, jury instructions, verdict forms

13

and excerpts from discovery that will be offered at trial (include a copy of

14

the deposition testimony or admission). The parties shall submit proposed

15

jury instructions jointly. If there are any instructions on which the parties

16

cannot agree, those instructions may be submitted separately. The parties

17

shall submit a jointly prepared proposed form of verdict, or, if the parties

18

cannot agree, their respective proposals;

19

(5)

each expert witness;

20
21

Serve and file an exhibit setting forth the qualifications and experience for

(6)

Serve and file a list of each party’s exhibits by number (plaintiff) or letter

22

(defendant), including a brief statement describing the substance and

23

purpose of each exhibit and the name of the sponsoring witness;

24

(7)

Exchange exhibits which shall be premarked with an exhibit sticker tabbed

25

and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall

26

use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties

27

shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3,

28

etc.); and
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
14

(8)

1

Deliver two sets of all premarked exhibits to chambers, tabbed and in
binders (exhibits are not to be filed).

2

No party shall be permitted to call any witness or offer any exhibit in its case in chief that

3
4

is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the

5

Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good

6

cause.
d.

7

By August 22, 2014, ten (10) days prior to the pretrial conference, after meeting

8

and conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve

9

and file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any
objections to witnesses, including the qualifications of an expert witness; (3) any objection to

11

United States District Court
Northern District of California

10

proposed voir dire questions, jury instructions and verdict forms that the parties have been unable

12

in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The

13

parties shall not file separate objections, apart from those contained in the motions in limine, to

14

the opposing party's witness list, exhibit list or discovery designations.
e.

15
16
17

3.

All motions shall be heard at the pretrial conference unless otherwise ordered.

JURY TRIAL
a.

The attached voir dire questionnaire (or similar) shall be given or presented to the

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venire members to be answered orally in Court. Counsel shall submit an agreed upon set of

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additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel

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cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire

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after the Court's questioning.

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b.

The following jury instructions from the Ninth Circuit Manual of Model Civil Jury

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Instructions (available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given

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absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed

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upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not

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submit duplicates of those listed above. Any instructions on which counsel cannot agree may be

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submitted separately. Each requested instruction shall be typed in full on a separate page with

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citations to the authority upon which it is based and a reference to the party submitting it. A
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
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1

second blind copy of each instruction and verdict form shall also be submitted omitting the

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citation to authority and the reference to the submitting party.

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4.

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instructions, motions in limine, forms of verdict, and trial briefs in standard Word format (.doc or

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.docx, not .pdf format) to [e-mail].

In addition to electronic filing, Counsel shall email copies of all proposed jury

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5.

SUMMARY OF DATES
Trial

September 15, 2014

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Pretrial Conference

September 2, 2014

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Objections

August 22, 2014

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United States District Court
Northern District of California

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Joint Pretrial Statement

August 15, 2014

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Meet and Confer

August 5, 2014

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Dated: May 27, 2014
________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
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1

JUROR QUESTIONNAIRE

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Please fill out this form as completely as possible and print clearly. Since we want to make copies

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for the attorneys and the Court, do not write on the back of any page. If you need more room,

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continue at the bottom of the page. Thank you for your cooperation.

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1.

Your name:
________________________________________________

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2.

Your age: _____________

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3.

The city where you live: ___________________________________
How long have you lived there:______________________________

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4.

Your place of birth: ______________________________________

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United States District Court
Northern District of California

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5.

Do you rent or own your own home? _________________________

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6.

Your marital status: (circle one)

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single

7.

married

live with partner

separated

divorced

widowed

What is your occupation, and how long have you worked in it? (If you are retired, please

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describe your main occupation when you were working).

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_______________________________________________________________

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_______________________________________________________________

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8.

Who is (or was) your employer?
_______________________________________________________________

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9.

How long have you worked for this employer? ______________

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10.

Please list the occupations of any adults with whom you live.
_______________________________________________________________

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11.

If you have children, please list their ages and sex and, if they are employed, please give

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their occupations.

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_______________________________________________________________

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_______________________________________________________________

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_______________________________________________________________

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_______________________________________________________________
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12.

Please describe your educational background:

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Highest grade completed: _________________________________

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College and/or vocational schools you have attended:

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_______________________________________________________________

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_______________________________________________________________

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_______________________________________________________________

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Major areas of study:______________________________________________

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13.

Have you ever served on a jury before? ________ How many times?________
If yes: State/County Court _______ Federal Court _______

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When? ____________________________________________________

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United States District Court
Northern District of California

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Was it a civil or criminal case? _________________________

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Did the jury(ies) reach a verdict? _______________________

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14.

Have you ever served on a grand jury? ________

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If yes: State/County Court _______ Federal Court _______

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When? ____________________________________________________

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Was it a civil or criminal? _________________________

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15.

Have you ever served in the military? ________

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If yes: Country you served ________________

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Branch _________________________________

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Length of Service ________________________

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Last Rank ______________________________

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16.

Attached is a list of the parties in this case, the law firms representing the parties,

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attorneys in this case, and persons who are potential witnesses in this case. Do you know,

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or think you know, any of the persons listed?

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Yes:_____ No:_____
If so, make a checkmark next to their name.

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AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
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