Golden Gate Way, LLC v. Stewart et al

Filing 327

THIRD AMENDED CASE MANAGEMENT AND PRETRIAL ORDER: Expert and Non-expert Discovery due by 8/15/2014. Pretrial Conference set for 1/14/2015 03:00 PM and Bench Trial/Jury Trial set for 1/26/2015 09:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 9/16/13. See Order for all other dates set by the Court.(ig, COURT STAFF) (Filed on 9/16/2013).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GOLDEN GATE WAY, LLC,
Plaintiff(s),

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For the Northern District of California

United States District Court

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v.

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THIRD AMENDED CASE
MANAGEMENT AND PRETRIAL
ORDER FOR JURY / COURT TRIAL

STEWART ET AL,

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No. C-09-04458 DMR

Defendant(s).
___________________________________/

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1.

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FURTHER CASE MANAGEMENT CONFERENCE
This case is set for further case management conference on 3/5/2014 at 1:30 p.m. Updated

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joint case management conference statement is due by 2/26/2014.

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2.

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TRIAL DATE
a.

Jury trial will begin on 1/26/2015 at 9:00 a.m. at the U.S. District Court, 1301 Clay

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Street, Oakland, California. For courtroom number and floor information, please check the Court’s

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on-line calendar at www.cand.uscourts.gov one week prior to trial, or call Ivy Garcia (Judge Ryu’s

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Courtroom Deputy) at [phone].

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b.

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

The Court may shorten the

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

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

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3.

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DISCOVERY AND EXPERT DISCLOSURES
a.

All non-expert discovery shall be completed by 8/15/2014.

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b.
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All discovery from experts shall be completed by 8/15/2014.

MOTIONS
The last day for hearing dispositive motions shall be 10/9/2014 at 11:00 a.m.

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ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
The parties are ordered to participate in mediation through the Northern District of California

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ADR program, which shall be completed by no later than 2/28/2014, or as soon thereafter as is

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convenient to the assigned mediator’s calendar.

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6.

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PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on 1/14/2015 at 3:00 p.m. Lead counsel who

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

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For the Northern District of California

United States District Court

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

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order.

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b.

By 12/16/2014, lead counsel shall meet and confer regarding:

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(1)

Preparation and content of the joint pretrial conference statement;

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(2)

Preparation and exchange of pretrial materials to be served and lodged

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pursuant to paragraph 5(c) below; and

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(3)
c.

Settlement of the action.

By 12/23/2014, counsel and/or parties shall:
(1)

Serve and file a joint pretrial statement that includes the pretrial disclosures

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

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supplemental information:

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(a)

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The Action.
(i)

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

(ii)

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

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particularly itemizing all elements of damages claimed as well

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as witnesses, documents or other evidentiary material to be

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presented concerning the amount of those damages.

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(b)

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The Factual Basis of the Action.
(i)

Undisputed Facts. A plain and concise statement of all

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relevant facts not reasonably disputable, as well as which facts

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parties will stipulate for incorporation into the trial record

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without the necessity of supporting testimony or exhibits.

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(ii)

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disputed factual issues which remain to be decided.

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(iii)

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(iv)

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For the Northern District of California

United States District Court

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

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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.

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Without extended legal argument, a concise statement of each

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disputed point of law concerning liability or relief, citing

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supporting statues and decisions.

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(d)

Trial Preparation.
(i)

Witnesses to Be Called. With regard to witnesses disclosed

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

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a brief statement describing the substance of the testimony to

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be given.

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(ii)

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

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

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possible reductions in time through proposed stipulations,

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agreed statements of facts, or expedited means of presenting

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testimony and exhibits.

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(iii)

Use of Discovery Responses. Designate excerpts from

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

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solely for impeachment or rebuttal, from depositions

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specifying the witness page and line references, from

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interrogatory answers, or from responses to requests for

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admission.

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(e)

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Trial Alternatives and Options.
(i)

Settlement Discussion. A statement summarizing the status of

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settlement negotiations and indicating whether further

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negotiations are likely to be productive.

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(ii)

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proposed amendments to pleadings or dismissals of parties,

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claims or defenses.

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For the Northern District of California

United States District Court

Amendments, Dismissals. A statement of requested or

(f)

Miscellaneous.

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

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just, speedy and inexpensive determination.

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(2)

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

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the qualifications or testimony or any expert witness), and excerpts from

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discovery that will be offered at trial (include a copy of the deposition

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testimony or admission). If tried to a jury, the parties shall also serve and file

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proposed voir dire questions, jury instructions and verdict forms. The parties

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shall submit proposed jury instructions jointly. If there are any instructions

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on which the parties cannot agree, those instructions may be submitted

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separately. The parties shall submit a jointly prepared proposed form of

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verdict, or, if the parties cannot agree, their respective proposals;

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(3)

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

(4)

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

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

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of each exhibit and the name of the sponsoring witness;

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(5)

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defendant shall use letters) and tabbed; and

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(6)

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

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

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.

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d.

By 1/5/2015, after meeting and conferring in a good faith attempt to resolve any

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objections, counsel and/or parties shall serve and file: (1) any objections to exhibits or to use of

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deposition excerpts or other discovery; (2) any objections to witnesses, including the qualifications
of an expert witness; (3) if appropriate, any objection to proposed voir dire questions, jury

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For the Northern District of California

United States District Court

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instructions and verdict forms that the parties have been unable in good faith to resolve; (4) any

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opposition to a motion in limine. No replies shall be filed.

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

JURY TRIAL

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The following provisions will apply if it is determined that the case should be tried to a jury.

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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 after

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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 absent

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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

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case specific instructions, using the Ninth Circuit Manual where appropriate. Do not submit

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

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

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

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

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reference to the submitting party.

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

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

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

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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

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Dated: 9/16/2013

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For the Northern District of California

United States District Court

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_______________________________________
DONNA M. RYU
United States Magistrate Judge

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JUROR QUESTIONNAIRE

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Please stand and recite the information listed below.

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Name

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City of Residence

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3.

Occupational Status

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4.

Organizations

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5.

Hobbies

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6.

Marital Status

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7.

Spouse’s Occupation

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For the Northern District of California

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United States District Court

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Children, Ages

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If Juror on Another Case

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If Ever a Grand Juror

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If Ever in Military

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