Caldwell v. City of San Francisco et al

Filing 473

Amended Case Management and Pretrial Order. Signed by Magistrate Judge Donna M. Ryu on 10/22/2020. (dmrlc1, COURT STAFF) (Filed on 10/22/2020)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAURICE CALDWELL,

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Case No. 4:12-cv-01892-DMR

Plaintiff,
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v.
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CITY OF SAN FRANCISCO, et al.,

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Defendants.

AMENDED CASE MANAGEMENT
AND PRETRIAL ORDER FOR JURY
TRIAL
Re: Docket Nos. 417, 443

United States District Court
Northern District of California

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1.

TRIAL DATE
a.

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Jury trial will begin on 3/15/2021 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

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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].

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b.

The length of the trial will be not more than 2 ½ weeks.

The Court may shorten

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the allotted time as it deems appropriate, and may also allocate a fixed number of hours for each
side. Court hours for trial normally are 9:00 a.m. to 3:00 p.m., subject to the Court’s availability.
EXPERT DISCOVERY: The court has reviewed the parties’ 10/16/2020 joint

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2.

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administrative motion and stipulation to extend the expert discovery deadlines. [Docket No. 472.]

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The parties shall meet and confer regarding their proposal in light of the amended pretrial schedule

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set forth in this order, and either submit a new stipulation with an adjusted proposed expert

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discovery schedule, or file a joint letter indicating that they continue to propose the schedule
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outlined in Docket No. 472. The current operative expert deadlines are:

a.

Initial Experts shall be disclosed and reports provided by 9/28/2020.

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b.

Rebuttal experts shall be disclosed and reports provided by 10/26/2020.

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c.

Reply experts shall be disclosed and reports provided by 11/16/2020.

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d.

All discovery from experts shall be completed by 12/7/2020.

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3.

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SETTLEMENT CONFERENCE
This case has been referred to Chief Magistrate Judge Joseph C. Spero to conduct a

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settlement conference.
4.

PRETRIAL CONFERENCE
a.

The court will hold a first pretrial conference on 2/17/2021 at 3:00 p.m. Lead

United States District Court
Northern District of California

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

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

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governed by this order.

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b.

By 1/4/2021, lead counsel shall meet and confer regarding:

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(1)

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Preparation and content of the joint pretrial conference statement;

(2)

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Preparation and exchange of pretrial materials to be served and lodged
pursuant to paragraph 5(c) below; and

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(3)
c.

Settlement of the action.

By 1/11/2021, 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
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following supplemental information:

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(a)

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

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as well as witnesses, documents or other evidentiary

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material to be presented concerning the amount of

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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

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which facts parties will stipulate for incorporation into

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the trial record without the necessity of supporting

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Northern District of California

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testimony or exhibits.

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(ii)

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Disputed Factual Issues. A plain and concise statement of all
disputed factual issues which remain to be decided.

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(iii)

Agreed Statement. A statement assessing whether all or part

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of the action may be presented upon an agreed

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statement of facts.

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(iv)

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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

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of each disputed point of law concerning liability or
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relief, citing supporting statutes and decisions.

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(d)

Trial Preparation.
(i)

Witnesses to Be Called. With regard to witnesses disclosed
pursuant to Federal Civil Rule of Civil Procedure
26(a)(3)(A), a brief statement describing the substance
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of the testimony to be given.

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(ii)

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

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needed for the presentation of each party’s case,

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indicating possible reductions in time through proposed

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stipulations, agreed statements of facts, or expedited

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means of presenting testimony and exhibits.

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(iii)

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Use of Discovery Responses. Designate excerpts from
discovery that the parties intend to present at trial,

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other than solely for impeachment or rebuttal, from

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Northern District of California

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depositions specifying the witness page and line

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references, from interrogatory answers, or from

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responses to requests for admission.

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(e)

Trial Alternatives and Options.

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(i)

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Settlement Discussion. A statement summarizing the status

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of settlement negotiations and indicating whether

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further negotiations are likely to be productive.

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(ii)

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Amendments, Dismissals. A statement of requested or
proposed amendments to pleadings or dismissals of

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parties, claims or defenses.

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(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 the qualifications or testimony or any expert witness),
proposed voir dire questions, jury instructions, verdict forms and
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excerpts from discovery that will be offered at trial (include a copy of

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the deposition testimony or admission). The parties shall submit

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proposed jury instructions jointly. If there are any instructions on

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which the parties cannot agree, those instructions may be submitted

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separately. The parties shall submit a jointly prepared proposed

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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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each expert witness;

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Northern District of California

Serve and file an exhibit setting forth the qualifications and experience for

(4)

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Serve and file a list of each party’s exhibits by number (plaintiff) or letter
(defendant), including a brief statement describing the substance and

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purpose 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;

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defendant shall use letters) and tabbed; and

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(6)

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be filed).

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

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.

By 1/25/2021, 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

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of an expert witness; (3) any objection to proposed voir dire questions, jury instructions and

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

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motion in limine. No replies shall be filed.

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e.

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

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Two chambers’ copies of all of the aforementioned documents shall be delivered to

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chambers immediately after filing. All hard-copy submissions must be three-hole punched and

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placed in tabbed binders and must bear the ECF filing “stamp” (case number, docket number, date,

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and ECF page number) along the top of the page. In addition, Counsel shall email copies of all
proposed jury instructions, motions in limine, forms of verdict and trial briefs in a standard word

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processing format (and not .pdf format) to [e-mail].
g.

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The court will hold a second pretrial conference on 3/3/2021 at 3:00 p.m. Lead

counsel who will try the case must attend.

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Northern District of California

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5.

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JURY TRIAL
a.

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

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
the Court's questioning.
b.

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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

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absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed

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upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not

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submit duplicates of those listed above. Any instructions on which counsel cannot agree may be
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submitted separately. Each requested instruction shall be typed in full on a separate page with

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citations to the authority upon which it is based and a reference to the party submitting it. A

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second blind copy of each instruction and verdict form shall also be submitted omitting the

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citation to authority and the reference to the submitting party.

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7.

All documents filed with the Clerk of the Court shall list the civil case number followed by
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United States District Court
Northern District of California

R NIA

u
a M. Ry

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FO

onn
______________________________________
Judge D
DONNA M. RYU
United States Magistrate Judge
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Dated: October 22, 2020

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IT IS SO ORDERED.

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the initials "DMR".

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JUROR QUESTIONNAIRE

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Please stand and recite the information listed below.

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1.

Name

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2.

City of Residence

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3.

Occupational Status

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Organizations

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Hobbies

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Marital Status

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Spouse’s Occupation

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Children, Ages

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If Juror on Another Case

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10.

If Ever a Grand Juror

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If Ever in Military

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United States District Court
Northern District of California

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