Golden Gate Way, LLC v. Stewart et al

Filing 308

SECOND AMENDED CASE MANAGEMENT AND PRETRIAL ORDER: Court-sponsored mediation to be held by 8/28/2013. Updated Joint Case Management Statement due by 8/28/2013. Further Case Management Conference set for 9/4/2013 01:30 PM. Non-expert Discovery, Exper t Disclosure, Rebuttal Expert Disclosure due by 3/3/2014. Joint Pretrial Conference Statement/Trial Briefs due by 9/19/14. Pretrial Conference set for 10/8/2014 03:00 PM and Bench/Jury Trial (estimated for 10 days) set for 10/20/2014 09:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 3/18/13. (ig, COURT STAFF) (Filed on 3/18/2013)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

NORTHERN DISTRICT OF CALIFORNIA

8
9

GOLDEN GATE WAY, LLC,

12

SECOND AMENDED
CASE MANAGEMENT AND PRETRIAL
ORDER FOR BENCH/JURY TRIAL

Plaintiff,

11
For the Northern District of California

United States District Court

10

No. C-09-4458-DMR

v.
JEANNE STEWART, ET AL,

13

Defendant.

14

________________________________/

15
16

1.

FURTHER CASE MANAGEMENT CONFERENCE

17

A further case management conference is set for 9/4/2013 at 1:30 p.m. before Magistrate Judge

18

Donna M. Ryu in Courtroom 4, 3rd Floor, U.S. District Court, 1301 Clay Street, Oakland, California.

19

Updated joint case management conference statement is due 8/28/2013.

20

2.

21

TRIAL DATE
a.

Several causes of action shall be decided in a bench trial. Some causes of action may

22

be tried by a jury. The form and sequencing of trial will be decided at a later date. Trial will begin

23

on 10/20/2014 at 9:00 a.m. at the U.S. District Court, 1301 Clay Street, Oakland, California. For

24

courtroom number and floor information, please check the Court’s on-line calendar at

25

www.cand.uscourts.gov one week prior to trial, or call Ivy Garcia (Judge Ryu’s Courtroom Deputy)

26

at [phone].

27
28
CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

1

b.

The length of the trial will be not more than 10 days.

The Court may shorten the

2

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

3

Court hours for trial normally are 9:00 a.m. to 3:00 p.m., subject to the Court’s availability.

4
5

3.

DISCOVERY AND EXPERT DISCLOSURES

6

a.

All non-expert discovery shall be completed by 3/3/2014.

7

b.

Experts shall be disclosed and reports provided by 3/3/2014.

8

c.

Rebuttal experts shall be disclosed and reports provided by 3/3/2014.

9

d.

All discovery from experts shall be completed by 3/3/2014.

4.

11
For the Northern District of California

United States District Court

10

12

MOTIONS
The last day for hearing dispositive motions shall be 5/22/2014 at 11:00 a.m.

5.

ALTERNATIVE DISPUTE RESOLUTION

13

Court-sponsored mediation to be held by 8/28/2013. Mediator Lester Levy may exercise his

14

discretion to adjust this date without further court order, (but with reference to the case management

15

schedule), based on whether Mr. Levy believes there is adequate available information to facilitate a

16

meaningful mediation. The parties are required to make arrangements for a status conference call

17

with Mr. Levy to take place no later than 6/28/2013.

18
6.

PRETRIAL CONFERENCE

19
a.

A pretrial conference shall be held on 10/8/2014 at 3:00 p.m. Lead counsel who

20
will try the case (or the party if pro se) must attend. The timing of disclosures required by
21
Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by this
22
order.
23
b.

9/9/2014, thirty (30) days prior to the date of the pretrial conference, lead counsel

24
shall meet and confer regarding:
25
(1)

Preparation and content of the joint pretrial conference statement;

(2)

Preparation and exchange of pretrial materials to be served and lodged

26
27
pursuant to paragraph 5(c) below; and
28
CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

2

1

(3)

Settlement of the action.

2
3
4
5
6

c.

9/19/2014, 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

7

required by Federal Rule of Civil Procedure 26(a)(3) as well as the following

8

supplemental information:

9

(a)

(i)

11
For the Northern District of California

United States District Court

10

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

12

(ii)

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

13

particularly itemizing all elements of damages claimed as well

14

as witnesses, documents or other evidentiary material to be

15

presented concerning the amount of those damages.

16

(b)

17

The Factual Basis of the Action.
(i)

Undisputed Facts. A plain and concise statement of all

18

relevant facts not reasonably disputable, as well as which facts

19

parties will stipulate for incorporation into the trial record

20

without the necessity of supporting testimony or exhibits.

21

(ii)

22

disputed factual issues which remain to be decided.

23

(iii)

24

Agreed Statement. A statement assessing whether all or part of
the action may be presented upon an agreed statement of facts.

25

(iv)

26
27

Disputed Factual Issues. A plain and concise statement of all

Stipulations. A statement of stipulations requested or proposed
for pretrial or trial purposes.

(c)

Disputed Legal Issues.

28
CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

3

1

Without extended legal argument, a concise statement of each

2

disputed point of law concerning liability or relief, citing

3

supporting statues and decisions.

4

(d)

5

Trial Preparation.
(i)

Witnesses to Be Called. With regard to witnesses disclosed

6

pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A),

7

a brief statement describing the substance of the testimony to

8

be given.

9

(ii)

Estimate of Trial Time. An estimate of the number of hours
needed for the presentation of each party’s case, indicating

11
For the Northern District of California

United States District Court

10

possible reductions in time through proposed stipulations,

12

agreed statements of facts, or expedited means of presenting

13

testimony and exhibits.

14

(iii)

Use of Discovery Responses. Designate excerpts from

15

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

16

solely for impeachment or rebuttal, from depositions

17

specifying the witness page and line references, from

18

interrogatory answers, or from responses to requests for

19

admission.

20

(e)

21

Trial Alternatives and Options.
(i)

Settlement Discussion. A statement summarizing the status of

22

settlement negotiations and indicating whether further

23

negotiations are likely to be productive.

24

(ii)

Amendments, Dismissals. A statement of requested or

25

proposed amendments to pleadings or dismissals of parties,

26

claims or defenses.

27

(f)

Miscellaneous.

28
CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

4

1

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

2

just, speedy and inexpensive determination.

3

(2)

Serve and file trial briefs, motions in limine (including any motion regarding

4

the qualifications or testimony or any expert witness), proposed voir dire

5

questions, jury instructions, verdict forms and excerpts from discovery that

6

will be offered at trial (include a copy of the deposition testimony or

7

admission). The parties shall submit proposed jury instructions jointly. If

8

there are any instructions on which the parties cannot agree, those instructions

9

may be submitted separately. The parties shall submit a jointly prepared
proposed form of verdict, or, if the parties cannot agree, their respective

11
For the Northern District of California

United States District Court

10

proposals;

12

(3)

13

Serve and file an exhibit setting forth the qualifications and experience for
each expert witness;

14

(4)

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

15

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

16

of each exhibit and the name of the sponsoring witness;

17

(5)

18

defendant shall use letters) and tabbed; and

19

(6)

20
21
22
23

Exchange exhibits which shall be premarked (plaintiff shall use umbers;

Deliver two sets of all premarked exhibits to chambers (exhibits are not to be
filed).

No party shall be permitted to call any witness or offer any exhibit in its case in chief that is
not disclosed in its pretrial statement without leave of the Court and for good cause.
d.

9/29/2014, ten (10) days prior to the pretrial conference, after meeting and

24

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

25

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

26

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

27

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

28

good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed.
CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

5

1
2

e.
6.

3

All motions in limine and objections shall be heard at the pretrial conference.

JURY TRIAL
a.

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

4

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

5

questions to be posed by the Court. Any voir dire questions on which counsel cannot agree may be

6

submitted separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning.

7

b.

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

8

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

9

objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed upon set of
case specific instructions, using the Ninth Circuit Manual where appropriate. Do not submit

11
For the Northern District of California

United States District Court

10

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

12

separately. Each requested instruction shall be typed in full on a separate page with citations to the

13

authority upon which it is based and a reference to the party submitting it. A second blind copy of

14

each instruction and verdict form shall also be submitted omitting the citation to authority and the

15

reference to the submitting party.

16

7.

17

the initials "DMR". One copy shall be clearly marked as a chambers copy. Chambers’ copies shall

18

be three-hole punched at the left side, suitable for insertion into standard binders. In addition,

19

Counsel shall email copies of all proposed jury instructions, motions in limine, forms of verdict and

20

trial briefs in a standard word processing format (and not .pdf format) to [e-mail].

All documents filed with the Clerk of the Court shall list the civil case number followed by

21
Dated:

3/18/2013

22
23
24

_______________________________________
DONNA M. RYU
United States Magistrate Judge

25
26
27
28
CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

6

1

JUROR QUESTIONNAIRE

2

Please stand and recite the information listed below.
Name

2.

City of Residence

5

3.

Occupational Status

6

4.

Organizations

7

5.

Hobbies

8

6.

Marital Status

9

7.

Spouse’s Occupation

10

8.

Children, Ages

11
For the Northern District of California

1.

4

United States District Court

3

9.

If Juror on Another Case

12

10.

If Ever a Grand Juror

13

11.

If Ever in Military

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL