Hartford Fire Insurance Company v. NBC General Contractors Corporation et al

Filing 122

FIRST AMENDED ORDER FOR PRETRIAL PREPARATION by Judge Saundra Brown Armstrong (terminating 119 Stipulation to Continue Trial Date and Extend Related Pretrial Deadlines). (ndr, COURT STAFF) (Filed on 11/6/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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HARTFORD FIRE INSURANCE
COMPANY,
a Connecticut corporation,

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Case No.: CV 09-5363 SBA (DMR)
FIRST AMENDED ORDER FOR
PRETRIAL PREPARATION

Plaintiff,
v.
NBC GENERAL CONTRACTORS
CORPORATION, a California corporation;
MONICA UNG, an individual; and
DENNIS CHOW, an individual,
Defendants.

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Pursuant to Rule 16(e) of the Federal Rules of Civil Procedure (“FRCP”), IT IS
HEREBY ORDERED AS FOLLOWS:

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A.

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DEADLINE FOR JOINDER OF PARTIES/AMENDING THE
PLEADINGS

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The deadline for the joinder of other parties and to amend is CLOSED.

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B.

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DISCOVERY CUT-OFF

All discovery, except for expert discovery, shall be completed and all
depositions taken on or before 05/01/14. The parties are responsible for scheduling
discovery so that motions to resolve discovery disputes can be heard before the above
discovery cut-off.

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1.
FIRST AMENDED ORDER FOR PRETRIAL PREPARATION

CV 09-5363 SBA (DMR)

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C.

EXPERT DESIGNATION AND DISCOVERY

Plaintiff shall designate any experts by 05/01/14; defendant by 05/01/14;
rebuttal disclosure by 05/15/14. Any expert not so named may be disallowed as a witness.
No expert will be permitted to testify to any opinion, or basis or support for an opinion, that
has not been disclosed in response to an appropriate question or interrogatory from the
opposing party. Expert discovery shall be completed by 07/10/14.
D.

MOTION CUT-OFF

All motions including dispositive motions shall be heard on or before
08/26/14, at 1:00 p.m. The parties must meet and confer prior to filing any motion. The
movant shall certify to the Court in its moving papers that it has complied with this
requirement. Should the parties fail to meet and confer, the Court may decline to entertain
the motion.
THIS COURT DOES NOT RESERVE MOTION HEARING DATES.
The parties are advised to check Judge Armstrong’s calendar at www.cand.uscourts.gov,
under Scheduling Information to determine the next available hearing date, particularly in
the case of a dispositive motion. The parties are advised not to wait until 35 days prior to
the law and motion cut-off date to file and serve their motion. As the Court’s law and
motion calendar tends to fill quickly, there is no guarantee that a hearing date within the law
and motion cut-off date will be available. You MUST submit a hard copy of all motion
papers filed in E-FILED cases in order to be placed on calendar.

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All noticed motions (other than motions for summary judgment) and any
opposition thereto, shall not exceed fifteen (15) pages, in length, exclusive of the table of
contents, table of authorities, exhibits and declarations, if required. Reply briefs may not
exceed ten (10) pages in length. Motions for summary judgment are subject to the page
limits set forth in Civil Local Rule 7.
All parties are required to meet and confer before filing any motion or any
non-stipulated request with this court, and to certify that they have complied with this
requirement.
The failure of the opposing party to file a memorandum of points and
authorities in opposition to any motion shall constitute a consent to the granting of the
motion.
Parties are limited to filing one motion for summary judgment. Any party
wishing to exceed this limit must request leave of Court. The parties are not required to file
statements of undisputed facts in connection with a motion for summary judgment.
However, if the parties desire to file a statement of undisputed facts, only one joint
statement of undisputed facts signed by all parties shall be filed. All separate statements
will be stricken. If the parties are unable to agree that a fact is undisputed, they should
assume that fact is in dispute.
Note that pursuant to Civil Local Rule 7-1(b), the Court may, in its
discretion, adjudicate motions without oral argument.

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2.
FIRST AMENDED ORDER FOR PRETRIAL PREPARATION

CV 09-5363 SBA (DMR)

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E.

MANDATORY SETTLEMENT CONFERENCES

All parties are ordered to participate in a mandatory settlement conference
during the following time period: BETWEEN 08/24/14 – 9/22/14 BEFORE A
MAGISTRATE JUDGE.
F.

PRETRIAL CONFERENCE

All Counsel who will try the case shall appear for a pretrial conference in
Courtroom 1 on 10/21/2014, at 1:00 p.m. All Counsel shall be fully prepared to discuss
all aspects of the trial. Failure to file the requisite pretrial documents in advance of the
pretrial conference may result in vacation of the pretrial conference and/or the imposition
of sanctions. ALL PARTIES WITH SETTLEMENT AUTHORITY ARE REQUIRED
TO ATTEND THE PRETRIAL CONFERENCE.
G.

PRETRIAL PREPARATION DUE 09/16/14

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1.
Not less that thirty-five (35) calendar days prior to the pretrial
conference, Counsel shall meet and confer in good faith in advance of complying with the
following pretrial requirements in order to clarify and narrow the issues for trial, arrive at
stipulations of facts, simplify and shorten the presentation of proof at trial, and explore
possible settlement. In addition, Counsel shall meet and confer regarding anticipated motions
in limine, objections to evidence, jury instructions, and any other matter which may require
resolution by the Court.
2.
The following matters shall be accomplished no later than twentyeight (28) calendar days prior to the pretrial conference due: 09/23/14:
a.

Joint Pretrial Statement

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Counsel are required to file a pretrial conference statement
containing the following information:
(1)

The Action

(A) Substance of the Action. A brief description of the
substance of claims and defenses which remain to be decided.
(B) Relief Prayed. A detailed statement of all the relief
claimed, particularly itemizing all elements of damages claimed as well as witnesses,
documents or other evidentiary material to be presented concerning the amount of
those damages.
(2)

The Factual Basis of the Action

(A) Undisputed Facts. A plain and concise statement of all
relevant facts not reasonably disputable, as well as which facts parties will stipulate for
incorporation into the trial record without the necessity of supporting testimony or exhibits.
(B) Disputed Factual Issues. A plain and concise
statement of all disputed factual issues which remain to be decided.

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(C) 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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(D) Stipulations. A statement of stipulations requested or
proposed for pretrial or trial purposes.

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FIRST AMENDED ORDER FOR PRETRIAL PREPARATION

CV 09-5363 SBA (DMR)

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(3)

DISPUTED LEGAL ISSUES

(A) Points of Law. Without extended legal argument, a
concise statement of each disputed point of law concerning liability or relief, citing
supporting statutes and decisions. Unless otherwise ordered, parties should cite to briefs
served and lodged setting forth briefly the nature of each party’s contentions concerning
each disputed point of law, including procedural and evidentiary issues.
(B) Proposed Conclusions of law. If the case is to be
tried without jury, unless otherwise ordered, parties should briefly indicate objections to
proposed conclusions of law lodged with this Court.
b.

Trial Briefs

Each party shall serve and file a trial brief which shall briefly state
their contentions, the relevant facts to be proven at trial, and the law on the issues material to
the decision.
c.

Findings of Fact

In non-jury cases, each party shall serve and lodge with the
Court proposed findings of fact and conclusions of law on all material issues. Findings
shall be brief, clear, written in plain English and free of pejorative language,
conclusions and argument.
d.

Witnesses Due

Each party shall serve and file with the Court a list of all persons
who may be called as witnesses, other than solely for impeachment or rebuttal, together
with a summary of the substance of each witness’ proposed testimony.
e.

Designation of Discovery Excerpts

Each party expecting to use discovery excerpts as part of its case in
chief shall serve and file with the Court a statement identifying (1) by witness and page and
line, all deposition testimony and (2) by lodged excerpt, all interrogatory answers and
request for admissions to be used as part of its direct case. Each interrogatory answer
intended to be offered as an exhibit shall be copied separately and marked as an exhibit. The
original of any deposition to be used at trial must be produced at the time of trial, as well as
a copy for the Court. Counsel shall indicate any objections to the use of these materials and
advise the Court that counsel has conferred respecting such objections.
f.

Jury Instructions

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The parties shall file a joint set of proposed jury instructions as to
those instructions on which the parties have reached agreement. As to any disputed
instructions, each party shall separately submit its "proposed" instruction(s) supported by a
memorandum setting forth the authority for its use. Responses or objections to any
"proposed" jury instruction shall be filed no later than the date of the pretrial conference.
All instructions shall be written in plain English which is comprehensible to jurors, concise
and free of argument, and shall be organized in a logical fashion so as to aid jury
comprehension, and are also to be provided on a CD in word format. The Court's practice is
to utilize, whenever possible, instruction's found in the Ninth Circuit Manual of Model Jury
Instructions.
4.
FIRST AMENDED ORDER FOR PRETRIAL PREPARATION

CV 09-5363 SBA (DMR)

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g.

Each party shall submit proposed questions for jury voir dire
and a proposed form of verdict.
h.

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Jury Voir Dire and Verdict Forms

Exhibits

Each party shall provide every other party one set of all exhibits,
charts, schedules, summaries and diagrams and other similar documentary materials to be
used at the trial together with a complete list of all such exhibits. The Court requires one
original version of exhibits (as described above) for the Clerk and two copies (one for the
Bench and one for the witness stand). All such versions of the exhibits, including the
originals, should be indexed into a binder for easy and quick reference by all parties. The
first page of each binder should have a copy of the exhibit list appropriately completed with
each exhibit description and its designated number. Plaintiffs shall refer to their exhibits
numerically and Defendants shall label theirs alphabetically. Exhibit labels and exhibit lists
are available at the Courts website (www.cand.uscourts.gov). Exhibits should be brought to
Court on the first day of trial.
3.
The following matters shall be accomplished no later than twenty-one
(21) calendar days prior to the pretrial conference: Motions in Limine and Objections to
Evidence due: 09/30/14. Each party anticipating making motion(s) in limine and/or
objection(s) to any testimony or exhibits expected to be offered shall file and serve a
statement briefly identifying each item objected to and the grounds for the objection.

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4.
Responses to motions in limine or objections to evidence shall be
filed and served no less than fourteen (14) calendar days prior to the pretrial conference due:
10/07/14.
5.
Replies to motions in limine or objections to evidence shall be filed
and served no less than seven (7) calendar days prior to the pretrial conference due:
10/14/14.

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All motions in limine shall be set forth in a single memorandum, not to exceed ten (10)
pages in length. Responses to the motions in limine shall be set forth in a single
memorandum, not to exceed ten (10) pages in length. Reply briefs shall not exceed six (6)
pages. Any request to exceed the page limit must be submitted prior to the deadline for
these briefs and must be supported by a showing of good cause, along with a certification
that the applicant has met and conferred with the opposing party.

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H.

TRIAL DATE

Trial before the JURY will begin on 10/27/14, at 8:30 a.m., for an estimated
4 trial days, or as soon thereafter as the Court may designate. The parties are advised that
they must be prepared to go to trial on a trailing basis. The trial will take place in
Courtroom 1 of the United States Courthouse, 1301 Clay Street, 4th Floor, Oakland,
California, 94612. The Court’s trial hours are from 8:30 a.m. to 2:00 p.m., with two
fifteen-minute breaks, on Monday, Wednesday, Thursday and Friday. On the first day of
trial all parties are required to have someone in Court with full Settlement Authority.
5.
FIRST AMENDED ORDER FOR PRETRIAL PREPARATION

CV 09-5363 SBA (DMR)

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I.

TRANSCRIPTS

If transcripts will be requested during or immediately after the trial,
arrangements must be made with the Court Reporter Coordinator (Telephone No. 510-6373534) at least one week prior to the commencement of trial.
J.

STATUS AND DISCOVERY CONFERENCES

Any party desiring to confer with the Court may, upon notice to all other
parties, arrange a conference through the courtroom deputy (Telephone No. 510-6373541). Conferences may be conducted telephonically, upon request (preferably in
writing).
K.

SANCTIONS

Failure to comply with this order may result in the imposition of
sanctions pursuant to FRCP 16(f).
IT IS SO ORDERED.

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Dated: ___________________
11/6/2013

________________________________________
The Honorable Judge Saundra Brown Armstrong
United States District Court Judge

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FIRST AMENDED ORDER FOR PRETRIAL PREPARATION

CV 09-5363 SBA (DMR)