OS Enterprise, LLC v. Fairline Development Canada (1992) LTD et al

Filing 19

STIPULATION AND ORDER Discovery due by 5/27/2013. Motions due by 6/28/2013. Jury Selection set for 9/23/2013 08:30 AM before Hon. Saundra Brown Armstrong. Jury Trial set for 9/23/2013 08:30 AM before Hon. Saundra Brown Armstrong. Pretrial Conference set for 9/9/2013 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 11/13/12. (lrc, COURT STAFF) (Filed on 11/14/2012)

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KEVIN R. MARTIN
PATTON MARTIN & SULLIVAN LLP
6600 Koll Center Parkway, Suite 250
Pleasanton, California 94566-8058
[e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for
Plaintiff OS ENTERPRISE, LLC

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OS ENTERPRISE, LLC, a California
limited liability company,

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AMENDED STIPULATION AND
ORDER TO CONTINUE TRIAL DATE
AND ASSOCIATED DISCOVERY
DEADLINES AND CUT-OFFS

Plaintiff,

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Case No.: C 11-04375 SBA

vs.
FAIRLINE DEVELOPMENT CANADA
(1992) LTD., a Canada Corporation, and
TAWA SUPERMARKET, INC. dba 99
Ranch Market,
Defendants.

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Pursuant to Rule 16(e) of the Federal Rules of Civil Procedure (“FRCP”), IT IS HEREBY
ORDERED AS FOLLOWS:
A. DEADLINE FOR JOINDER OF PARTIES/AMENDING THE PLEADINGS
The deadline for the joinder of other parties and to amend the pleadings is 12/18/12
B. DISCOVERY CUT-OFF
All discovery, except for expert discovery, shall be completed and all depositions
taken on or before 5/27/13. 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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PATTON MARTIN &
SULLIVAN LLP
PLEASANTON, CA

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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ASSOCIATED DISCOVERY
DEADLINES AND CUT-OFFS
Case No.: C 11-04375 SBA

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C. EXPERT DESIGNATION AND DISCOVERY

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Plaintiff shall designate any experts by 6/28/13; defendant by 6/28/13; rebuttal

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disclosure by 7/12/13. Any expert not so named may be disallowed as a witness. No expert will

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be permitted to testify to any opinion, or basis or support for an opinion, that has not been

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disclosed in response to an appropriate question or interrogatory from the opposing party. Expert

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discovery shall be completed by 8/09/13.

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D. MOTION CUT-OFF

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All motions including dispositive motions shall be heard on or before 6/28/13, at 1:00

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p.m.. The parties must meet and confer prior to filing any motion. The movant shall certify to

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the Court in its moving papers that it has complied with this requirement. Should the parties fail

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to meet and confer, the Court may decline to entertain the motion.

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THIS COURT DOES NOT RESERVE MOTION HEARING DATES. The parties

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are advised to check Judge Armstrong's calendar at www.cand.uscourts.gov, under Scheduling

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Information to determine the next available hearing date, particularly in the case of a dispositive

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motion. The parties are advised not to wait until 35 days prior to the law and motion cut-off date

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to file and serve their motion. As the Court's law and motion calendar tends to fill quickly, there

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is no guarantee that a hearing date within the law and motion cut-off date will be available. You

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MUST submit a hard copy of all motion papers filed in E-FILED cases in order to be placed on

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calendar.

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All noticed motions (other than motions for summary judgment) and any opposition

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thereto, shall not exceed fifteen (15) pages in length, exclusive of the table of contents, table of

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authorities, exhibits and declarations, if required. Reply briefs may not exceed ten (10) pages in

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length. Motions for summary judgment are subject to the page limits set forth in Civil Local

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Rule 7.

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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.

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PATTON MARTIN &
SULLIVAN LLP
PLEASANTON, CA

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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ASSOCIATED DISCOVERY
DEADLINES AND CUT-OFFS
Case No.: C 11-04375 SBA

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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

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exceed this limit must request leave of Court. The parties are not required to file statements of

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undisputed facts in connection with a motion for summary judgment. However, if the parties

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desire to file a statement of undisputed facts, only one joint statement of undisputed facts signed

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by all parties shall be filed. All separate statements will be stricken. If the parties are unable to

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agree that a fact is undisputed, they should assume that fact is in dispute.

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Note that pursuant to Civil L.R. 7-1(b), the Court may, in its discretion, adjudicate
motions without oral argument.

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E. MANDATORY SETTLEMENT CONFERENCES

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All parties are ordered to participate in a mandatory settlement conference during the

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following time period: BETWEEN 1/28/13-3/15/13 BEFORE A MAGISTRATE JUDGE.

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F. PRETRIAL CONFERENCE

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All Counsel who will try the case shall appear for a pretrial conference in Courtroom 1 on

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09/09/2013, at 1:00 p.m. All Counsel shall be fully prepared to discuss all aspects of the trial.

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Failure to file the requisite pretrial documents in advance of the pretrial conference may result in

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vacation of the pretrial conference and/or the imposition of sanctions. ALL PARTIES WITH

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SETTLEMENT AUTHORITY ARE REQUIRED TO ATTEND THE PRETRIAL

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CONFERENCE.

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G. PRETRIAL PREPARATION DUE
1.

Not less than thirty-five(35) calendar days prior to the pretrial conference,

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Counsel shall meet and confer in good faith in advance of complying with the following pretrial

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requirements in order to clarify and narrow the issues for trial, arrive at stipulations of facts,

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simplify and shorten the presentation of proof at trial, and explore possible settlement. In

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addition, Counsel shall meet and confer regarding anticipated motions in limine, objections to

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evidence, jury instructions, and any other matter which may require resolution by the Court.

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PATTON MARTIN &
SULLIVAN LLP
PLEASANTON, CA

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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ASSOCIATED DISCOVERY
DEADLINES AND CUT-OFFS
Case No.: C 11-04375 SBA

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2.

The following matters shall be accomplished no later than twenty-eight

(28) calendar days prior to the pretrial conference:
a.

Joint Pretrial Statement
Counsel are required to file a pretrial conference statement containing the

following information:
(1)

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The Action.
(A) Substance of the Action. A brief description of the substance

of claims and defenses which remain to be decided

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(B) Relief Prayed. A detailed statement of all the relief claimed,

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particularly itemizing all elements of damages claimed as well as witnesses, documents or other

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evidentiary material to be presented concerning the amount of those damages.

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(2)

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The Factual Basis of the Action
(A) Undisputed Facts. A plain and concise statement of all

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relevant facts not reasonably disputable, as well as which facts parties will stipulate for

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incorporation into the trial record without the necessity of supporting testimony or exhibits.

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(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.
(3)

Disputed Legal Issues

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(A) Points of Law. Without extended legal argument, a concise

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statement of each disputed point of law concerning liability or relief, citing supporting statutes

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and decisions. Unless otherwise ordered, parties should cite to briefs served and lodged setting

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forth briefly the nature of each party's contentions concerning each disputed point of law,

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including procedural and evidentiary issues.

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PATTON MARTIN &
SULLIVAN LLP
PLEASANTON, CA

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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ASSOCIATED DISCOVERY
DEADLINES AND CUT-OFFS
Case No.: C 11-04375 SBA

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(B) Proposed Conclusions of law. If the case is to be tried without

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jury, unless otherwise ordered, parties should briefly indicate objections to proposed conclusions

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of law lodged with this Court.

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b.

Trial Briefs

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Each party shall serve and file a trial brief which shall briefly state

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their contentions, the relevant facts to be proven at trial, and the law on the issues material to the

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decision.

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c.

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Findings of Fact
In non-jury cases, each party shall serve and lodge with the Court

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proposed findings of fact and conclusions of law on all material issues. Findings shall be brief,

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clear, written in plain English and free of pejorative language, conclusions and argument.

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d.

Witnesses

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Each party shall serve and file with the Court a list of all persons

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who may be called as witnesses, other than solely for impeachment or rebuttal, together with a

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summary of the substance of each witness’ proposed testimony

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e.

Designation of Discovery Excerpts

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Each party expecting to use discovery excerpts as part of its case in

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chief shall serve and file with the Court a statement identifying (1) by witness and page and line,

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all deposition testimony and (2) by lodged excerpt, all interrogatory answers and request for

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admissions to be used as part of its direct case. Each interrogatory answer intended to be offered

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as an exhibit shall be copied separately and marked as an exhibit. The original of any deposition

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to be used at trial must be produced at the time of trial, as well as a copy for the Court. Counsel

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shall indicate any objections to the use of these materials and advise the Court that counsel has

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conferred respecting such objections.

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PATTON MARTIN &
SULLIVAN LLP
PLEASANTON, CA

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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ASSOCIATED DISCOVERY
DEADLINES AND CUT-OFFS
Case No.: C 11-04375 SBA

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f.

Jury Instructions

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The parties shall file a joint set of proposed jury instructions as to

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those instructions on which the parties have reached agreement. As to any disputed instructions,

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each party shall separately submit its "proposed" instruction(s) supported by a memorandum

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setting forth the authority for its use. Responses or objections to any "proposed" jury instruction

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shall be filed no later than the date of the pretrial conference. All instructions shall be written in

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plain English which is comprehensible to jurors, concise and free of argument, and shall be

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organized in a logical fashion so as to aid jury comprehension, and are also to be provided on a

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CD in word format. The Court's practice is to utilize, whenever possible, instruction's found in

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the Ninth Circuit Manual of Model Jury Instructions.

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g.

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Jury Voir Dire and Verdict Forms
Each party shall submit proposed questions for jury voir dire and a

proposed form of verdict.

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h.

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Exhibits
Each party shall provide every other party one set of all exhibits,

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charts, schedules, summaries and diagrams and other similar documentary materials to be used at

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the trial together with a complete list of all such exhibits. The Court requires one original version

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of exhibits (as described above) for the Clerk and two copies (one for the Bench and one for the

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witness stand). All such versions of the exhibits, including the originals, should be indexed into

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a binder for easy and quick reference by all parties. The first page of each binder should have a

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copy of the exhibit list appropriately completed with each exhibit description and its designated

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number. Plaintiffs shall refer to their exhibits numerically and Defendants shall label theirs

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alphabetically. Exhibit labels and exhibit lists are available at the Courts

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website.(www.cand.uscourts.gov) Exhibits should be brought to Court on the first day of trial.

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3.

The following matters shall be accomplished no later than twenty-one (21

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calendar days prior to the pretrial conference: Motions in Limine and Objections to Evidence

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due: 08/19/2013 Each party anticipating making motion(s) in limine and/or objection(s) to any

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PATTON MARTIN &
SULLIVAN LLP
PLEASANTON, CA

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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ASSOCIATED DISCOVERY
DEADLINES AND CUT-OFFS
Case No.: C 11-04375 SBA

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testimony or exhibits expected to be offered shall file and serve a statement briefly identifying

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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: 8/26/13.

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5.

Replies to motions in limine or objections to evidence shall be filed and

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served no less than seven (7) calendar days prior to the pretrial conference due: 9/2/13.

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All motions in limine shall be set forth in a single memorandum, not to exceed ten (10) pages in

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length. Responses to the motions in limine shall be set forth in a single memorandum, not to

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exceed ten (10) pages in length. Reply briefs shall not exceed six(6) pages. Any request to

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exceed the page limit must be submitted prior to the deadline for these briefs and must be

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supported by a showing of good cause, along with a certification that the applicant has met and

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conferred with the opposing party.

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H.

TRIAL DATE

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Trial before the JURY will begin on 9/23/13, at 8:30 a.m., for an estimated 5 trial

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days, or as soon thereafter as the Court may designate. The parties are advised that they must be

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prepared to go to trial on a trailing basis. The trial will take place in Courtroom 1 of the United

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States Courthouse, 1301 Clay Street, 4th Floor, Oakland, California, 94612. The Court’s trial

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hours are from 8:30 a.m. to 2:00 p.m., with two fifteen-minute breaks, on Monday, Wednesday,

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Thursday and Friday. On the first day of trial all parties are required to have someone in

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Court with full Settlement Authority.

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I.

TRANSCRIPTS
If transcripts will be requested during or immediately after the trial, arrangements

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must be made with the Court Reporter Coordinator (Telephone No. 510-637-3534) at least one

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week prior to the commencement of trial.

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PATTON MARTIN &
SULLIVAN LLP
PLEASANTON, CA

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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ASSOCIATED DISCOVERY
DEADLINES AND CUT-OFFS
Case No.: C 11-04375 SBA

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J.

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STATUS AND DISCOVERY CONFERENCES
Any party desiring to confer with the Court may, upon notice to all other parties,

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arrange a conference through the courtroom deputy (Telephone No. 510-637-3541). Conferences

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may be conducted telephonically, upon request (preferably in writing).

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K.

SANCTIONS
Failure to comply with this order may result in the imposition of sanctions

pursuant to FRCP 16(f).

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Date: October__, 2012

PATTON MARTIN & SULLIVAN LLP

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By:

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Kevin Martin
Attorneys for Plaintiff OS Enterprise, LLC

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Date: October__, 2012

PEARSON & PEARSON, APC

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By:

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Matthew D. Pearson
Attorneys for Defendant Fairline
Development Canada (1992) LTD.

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PATTON MARTIN &
SULLIVAN LLP
PLEASANTON, CA

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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ASSOCIATED DISCOVERY
DEADLINES AND CUT-OFFS
Case No.: C 11-04375 SBA

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IT IS SO ORDERED. 11/13/12

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By: ____________________________.

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United States District Court

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PATTON MARTIN &
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PLEASANTON, CA

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AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND ASSOCIATED DISCOVERY
DEADLINES AND CUT-OFFS
Case No.: C 11-04375 SBA