Ouziz et al v. ATM Operating, Inc. et al

Filing 40

CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Kandis A. Westmore on September 7, 2012. (kawlc2, COURT STAFF) (Filed on 9/7/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAROUENE OUZIZ, et al.,
Plaintiffs,

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v.

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CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL

ATM OPERATING, et al.,
Defendants.

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United States District Court
Northern District of California

Case No.: C 12-2378 KAW

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1.

TRIAL DATE
a.

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Jury trial will begin on August 26, 2013 at 8:30 a.m. at the U.S. District Court,

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

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check the Court’s on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial,

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or call Susan Imbriani (Judge Westmore’s Courtroom Deputy) at [phone].
b.

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

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

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side. Court hours for trial normally are 8:30 a.m. to 1:30 p.m., subject to the Court’s availability.

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2.

DISCOVERY AND EXPERT DISCLOSURES

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a.

All non-expert and expert discovery shall be completed by April 30, 2013.

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b.

Experts shall be disclosed and reports provided by December 15, 2012 for

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Plaintiffs and February 15, 2013 for Defendants.

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3.

PRETRIAL MOTIONS

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a.

The last day for filing dispositive motions shall be May 31, 2013.

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b.

Only one summary judgment motion may be filed by each side, absent leave of

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court. Leave of court may be sought if multiple parties comprise one or both sides.
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Leave of court may be obtained by filing a motion for administrative relief

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pursuant to Civ. L. R. 7-11, or by requesting a case management conference or

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informal telephone conference.
c.

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Separate statements of undisputed facts in support of or in opposition to motions

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for summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may

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file a truly joint statement of undisputed facts only if all parties agree that the facts

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are undisputed.
d.

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Objections to evidence may no longer be filed separately but must be contained
within the opposition or reply brief or memorandum. Civil L. R. 7-3.

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e.

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Each party filing or opposing a motion shall also serve and file a proposed order

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Northern District of California

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which sets forth the relief or action sought and a short statement of the rationale of

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decision, including citation of authority that the party requests the court to adopt.
f.

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Chambers copies of each electronically filed dispositive motion must include on

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each page the running header created by the ECF system and must be delivered to

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the Clerk's Office by noon the day following its filing. All documents must be

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stapled or bound by a two-pronged fastener, and all exhibits to declarations or

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requests for judicial notice must be tabbed.
g.

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In addition, counsel shall email copies of all motions for summary judgment in

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standard Word format (.doc or .docx, and not .pdf format) to

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[e-mail].

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4.

ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
The parties are ordered to participate in private mediation, which shall be completed by

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October 19, 2012.

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5.

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PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on August 6, 2013 at 3:00 p.m. Lead counsel

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who will try the case must attend. The timing of disclosures required by Federal Rule of Civil

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Procedure 26(a)(3) and other pretrial disclosures shall be governed by this order.

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CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
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b.

By July 7, 2013, thirty (30) days prior to the date of the pretrial conference, 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
pursuant to paragraph 5(c) below; and

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(3)

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c.

Settlement of the action.

By July 17, 2013, 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
required by Federal Rule of Civil Procedure 26(a)(3) as well as the

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United States District Court
Northern District of California

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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.

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(ii)

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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.
(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)

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

(iii) Agreed Statement. A statement assessing whether all or part

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of the action may be presented upon an agreed statement of

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facts.
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(iv) Stipulations. A statement of stipulations requested or

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proposed for pretrial or trial purposes.

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(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 supporting

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statues and decisions.

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(d)

Trial Preparation.
(i)

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Witnesses to Be Called. With regard to witnesses disclosed
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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United States District Court
Northern District of California

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be given.
(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, 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.
(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)

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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CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
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(ii)

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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)

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Miscellaneous.

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

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its just, speedy and inexpensive determination.

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(2)

Serve and file trial briefs (not to exceed 25 pages), which shall specify each

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cause of action and defense remaining to be tried along with a statement of

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the applicable legal standard (no opposition shall be filed);

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(3)

one document not to exceed 25 pages;

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Northern District of California

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Serve and file no more than ten motions in limine, which shall be filed in

(4)

Serve and file proposed voir dire questions, jury instructions, verdict forms

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and 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 proposed

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jury instructions jointly. If there are any instructions on which the parties

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cannot agree, those instructions may be submitted separately. The parties

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shall submit a jointly prepared proposed form of verdict, or, if the parties

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cannot agree, their respective proposals;

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(5)

each expert witness;

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

(6)

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

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purpose of each exhibit and the name of the sponsoring witness;

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(7)

Exchange exhibits which shall be premarked with an exhibit sticker tabbed

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and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall

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use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties

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shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3,

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etc.); and
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(8)

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Deliver two sets of all premarked exhibits to chambers, tabbed and in
binders (exhibits are not to be filed).

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No party shall be permitted to call any witness or offer any exhibit in its case in chief that

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is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the

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Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good

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cause.
d.

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By July 27, 2013, ten (10) days prior to the pretrial conference, after meeting and

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

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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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United States District Court
Northern District of California

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proposed voir dire questions, jury instructions and verdict forms that the parties have been unable

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in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The

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parties shall not file separate objections, apart from those contained in the motions in limine, to

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the opposing party's witness list, exhibit list or discovery designations.
e.

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6.

All motions shall be heard at the pretrial conference unless otherwise ordered.

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

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after 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

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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.

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instructions, motions in limine, forms of verdict and trial briefs in standard Word format (.doc or

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.docx, and not .pdf format) to [e-mail].

In addition to electronically-filing, Counsel shall email copies of all proposed jury

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Dated: September 7, 2012
________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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United States District Court
Northern District of California

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CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
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JUROR QUESTIONNAIRE

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Please fill out this form as completely as possible and print clearly. Since we want to make copies

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for the attorneys and the Court, do not write on the back of any page. If you need more room,

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continue at the bottom of the page. Thank you for your cooperation.

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1.

Your name:
________________________________________________

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2.

Your age: _____________

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3.

The city where you live: ___________________________________
How long have you lived there:______________________________

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United States District Court
Northern District of California

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4.

Your place of birth: ______________________________________

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5.

Do you rent or own your own home? _________________________

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6.

Your marital status: (circle one)

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single

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married

live with partner

separated

divorced

widowed

What is your occupation, and how long have you worked in it? (If you are retired, please

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describe your main occupation when you were working).

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_______________________________________________________________

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_______________________________________________________________

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8.

Who is (or was) your employer?
_______________________________________________________________

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How long have you worked for this employer? ______________

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10.

Please list the occupations of any adults with whom you live.
_______________________________________________________________

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11.

If you have children, please list their ages and sex and, if they are employed, please give

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their occupations.

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_______________________________________________________________

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_______________________________________________________________

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_______________________________________________________________
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_______________________________________________________________

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12.

Please describe your educational background:

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Highest grade completed: _________________________________

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College and/or vocational schools you have attended:

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_______________________________________________________________

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_______________________________________________________________

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_______________________________________________________________

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Major areas of study:______________________________________________

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13.

Have you ever served on a jury before? ________ How many times?________
If yes: State/County Court _______ Federal Court _______

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Northern District of California

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When? ____________________________________________________

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Was it a civil or criminal case? _________________________

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Did the jury(ies) reach a verdict? _______________________

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Have you ever served on a grand jury? ________

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If yes: State/County Court _______ Federal Court _______

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When? ____________________________________________________

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Was it a civil or criminal? _________________________

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15.

Have you ever served in the military? ________

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If yes: Country you served ________________

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Branch _________________________________

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Length of Service ________________________

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Last Rank ______________________________

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16.

Attached is a list of the parties in this case, the law firms representing the parties,

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attorneys in this case, and persons who are potential witnesses in this case. Do you know,

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or think you know, any of the persons listed?

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Yes:_____ No:_____
If so, make a checkmark next to their name.

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CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
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