Lau v. Mercedes Benz USA, LLC et al

Filing 101

PRETRIAL ORDER. Final Pretrial Conference set for 1/22/2014 03:00 PM. Jury Trial set for 2/10/2014 09:00 AM before Magistrate Judge Donna M. Ryu. Jury Trial set for 2/11/2014 09:00 AM before Magistrate Judge Donna M. Ryu. Jury Trial set for 2/ 12/2014 09:00 AM before Magistrate Judge Donna M. Ryu. Jury Trial set for 2/13/2014 09:00 AM before Magistrate Judge Donna M. Ryu. Jury Trial set for 2/14/2014 09:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 12/2/2013. (dmrlc1, COURT STAFF) (Filed on 12/2/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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For the Northern District of California

United States District Court

No. C-11-01940 DMR

DON LAU,

CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL

v.

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MERCEDES-BENZ USA LLC,

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Defendant.
___________________________________/

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This case was reassigned to the undersigned for all further proceedings on November 14,

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2013. [Docket No. 100.] The court is aware that the parties have already submitted a number of

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pretrial filings pursuant to Judge James’s Case Management Order. Therefore, the parties shall

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comply with the court’s order regarding pretrial filings (see Section 2, Pretrial Conference, infra) but

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need not resubmit the following items as they are duplicative of the parties’ previous submissions:

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sections 2(c)(1)(a); 2(c)(1)(b); 2(c)(1)(d)(i) and (ii); 2(c)(1)(e)(i); and 2(c)(2).

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1.

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TRIAL DATE
a.

Jury trial will begin on February 10, 2014 at 9:00 a.m. at the U.S. District Court,

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

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

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(Judge Ryu’s Courtroom Deputy) at [phone]. Attorneys shall arrive at the courthouse by

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8:30 a.m.

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b.

The length of the trial will be not more than 5 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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2.

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PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on January 22, 2014 at 3:00 p.m. Lead counsel

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

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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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By December 23, 2013, thirty (30) days prior to the date of the pretrial conference,

lead counsel shall meet and confer regarding:

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For the Northern District of California

United States District Court

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b.

(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 January 2, 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

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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.

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(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)

The Factual Basis of the Action.

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(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)

Amendments, Dismissals. A statement of requested or

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proposed amendments to pleadings or dismissals of parties,

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claims or defenses.
(f)

Miscellaneous.

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For the Northern District of California

United States District Court

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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), proposed voir dire

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

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

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

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

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may be submitted separately. The parties shall submit a jointly prepared

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proposed form of verdict, or, if the parties cannot agree, their respective

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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)

Exchange exhibits which shall be premarked (plaintiff shall use numbers;
defendant shall use letters) and tabbed; and

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(6)

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filed).

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

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 January 13, 2014, ten (10) days prior to the pretrial conference, after meeting

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

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

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

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proposed voir dire questions, jury instructions and verdict forms that the parties have been unable in
good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed.

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For the Northern District of California

United States District Court

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e.
3.

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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

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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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4.

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

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

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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].

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For the Northern District of California

United States District Court

ER

M. Ryu

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onna
Judge D

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R NIA

_______________________________________
ED
DONNA M. RYUSO ORDER
IT IS
United States Magistrate Judge

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UNIT
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Dated: December 2, 2013

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S DISTRICT
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D IS T IC T
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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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Hobbies

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Marital Status

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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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