Mann et al v. Wells Fargo Bank, N.A. et al

Filing 27

CASE MANAGEMENT AND PRETRIAL ORDER: Signed by Magistrate Judge Donna M. Ryu on 11/29/12. (ig, COURT STAFF) (Filed on 11/29/2012)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 MICHAEL W. MANN, ET AL, CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL Plaintiff, 11 For the Northern District of California United States District Court 10 No. C-12-3014-DMR v. 12 WELLS FARGO BANK, N.A., ET AL, 13 Defendant. 14 ________________________________/ 15 16 1. TRIAL DATE 17 a. Jury trial will begin on 9/16/2013 at 9:00 a.m. at the U.S. District Court, 1301 Clay 18 Street, Oakland, California. For courtroom number and floor information, please check the Court’s 19 on-line calendar at one week prior to trial, or call Ivy Garcia (Judge Ryu’s 20 Courtroom Deputy) at (510) 637-3639. 21 b. The length of the trial will be not more than 5 days. The Court may shorten the 22 allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side. 23 Court hours for trial normally are 9:00 a.m. to 3:00 p.m., subject to the Court’s availability. 24 2. DISCOVERY AND EXPERT DISCLOSURES 25 a. All non-expert discovery shall be completed by 4/30/2013. b. Experts shall be disclosed and reports provided by 4/30/2013. c. Rebuttal experts shall be disclosed and reports provided by 5/14/2013. 26 27 28 CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL 1 2 d. 3. 3 4 All discovery from experts shall be completed by 5/28/2013. MOTIONS The last day for hearing dispositive motions shall be 6/27/2013 at 11:00 a.m. 4. 5 ALTERNATIVE DISPUTE RESOLUTION The parties are ordered to participate in Early Neutral Evaluation (ENE) through the 6 Northern District of California ADR program, which shall be completed within by no later than 7 12/20/2012, or as soon thereafter as is convenient to the assigned evaluator’s calendar. 8 5. 9 PRETRIAL CONFERENCE a. A pretrial conference shall be held on 9/4/2013 at 3:00 p.m. Lead counsel who will try the case (or the party if pro se) must attend. The timing of disclosures required by Federal 11 For the Northern District of California United States District Court 10 Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by this order. 12 b. 8/6/2013, thirty (30) days prior to the date of the pretrial conference, lead counsel 13 shall meet and confer regarding: 14 (1) Preparation and content of the joint pretrial conference statement; 15 (2) Preparation and exchange of pretrial materials to be served and lodged 16 pursuant to paragraph 5(c) below; and 17 (3) 18 19 20 c. Settlement of the action. 8/16/2013, 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 21 required by Federal Rule of Civil Procedure 26(a)(3) as well as the following 22 supplemental information: 23 (a) 24 The Action. (i) 25 26 27 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, particularly itemizing all elements of damages claimed as well 28 CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL 2 1 as witnesses, documents or other evidentiary material to be 2 presented concerning the amount of those damages. 3 (b) 4 The Factual Basis of the Action. (i) Undisputed Facts. A plain and concise statement of all 5 relevant facts not reasonably disputable, as well as which facts 6 parties will stipulate for incorporation into the trial record 7 without the necessity of supporting testimony or exhibits. 8 (ii) 9 disputed factual issues which remain to be decided. (iii) 11 For the Northern District of California United States District Court 10 Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 12 (iv) 13 14 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. 15 Without extended legal argument, a concise statement of each 16 disputed point of law concerning liability or relief, citing 17 supporting statues and decisions. 18 19 (d) Trial Preparation. (i) Witnesses to Be Called. With regard to witnesses disclosed 20 pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A), 21 a brief statement describing the substance of the testimony to 22 be given. 23 (ii) Estimate of Trial Time. An estimate of the number of hours 24 needed for the presentation of each party’s case, indicating 25 possible reductions in time through proposed stipulations, 26 agreed statements of facts, or expedited means of presenting 27 testimony and exhibits. 28 CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL 3 1 (iii) Use of Discovery Responses. Designate excerpts from 2 discovery that the parties intend to present at trial, other than 3 solely for impeachment or rebuttal, from depositions 4 specifying the witness page and line references, from 5 interrogatory answers, or from responses to requests for 6 admission. 7 (e) 8 Trial Alternatives and Options. (i) 9 settlement negotiations and indicating whether further 10 negotiations are likely to be productive. 11 For the Northern District of California United States District Court Settlement Discussion. A statement summarizing the status of (ii) Amendments, Dismissals. A statement of requested or 12 proposed amendments to pleadings or dismissals of parties, 13 claims or defenses. 14 (f) Miscellaneous. 15 Any other subjects relevant to the trial of the action or material to its 16 just, speedy and inexpensive determination. 17 (2) Serve and file trial briefs, motions in limine (including any motion regarding 18 the qualifications or testimony or any expert witness), proposed voir dire 19 questions, jury instructions, verdict forms and excerpts from discovery that 20 will be offered at trial (include a copy of the deposition testimony or 21 admission). The parties shall submit proposed jury instructions jointly. If 22 there are any instructions on which the parties cannot agree, those instructions 23 may be submitted separately. The parties shall submit a jointly prepared 24 proposed form of verdict, or, if the parties cannot agree, their respective 25 proposals; 26 27 (3) Serve and file an exhibit setting forth the qualifications and experience for each expert witness; 28 CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL 4 1 (4) Serve and file a list of each party’s exhibits by number (plaintiff) or letter 2 (defendant), including a brief statement describing the substance and purpose 3 of each exhibit and the name of the sponsoring witness; 4 (5) 5 defendant shall use letters) and tabbed; and 6 (6) 7 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. 10 d. 8/26/2013, ten (10) days prior to the pretrial conference, after meeting and 11 For the Northern District of California United States District Court Deliver two sets of all premarked exhibits to chambers (exhibits are not to be filed). 8 9 Exchange exhibits which shall be premarked (plaintiff shall use umbers; conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and 12 file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any 13 objections to witnesses, including the qualifications of an expert witness; (3) any objection to 14 proposed voir dire questions, jury instructions and verdict forms that the parties have been unable in 15 good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. 16 17 18 e. 6. 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 venire 19 members to be answered orally in Court. Counsel shall submit an agreed upon set of additional voir dire 20 questions to be posed by the Court. Any voir dire questions on which counsel cannot agree may be 21 submitted separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning. 22 b. The following jury instructions from the Ninth Circuit Manual of Model Civil Jury 23 Instructions (available on the Ninth Circuit website at shall be given absent 24 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 25 case specific instructions, using the Ninth Circuit Manual where appropriate. Do not submit 26 duplicates of those listed above. Any instructions on which counsel cannot agree may be submitted 27 separately. Each requested instruction shall be typed in full on a separate page with citations to the 28 authority upon which it is based and a reference to the party submitting it. A second blind copy of CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL 5 1 each instruction and verdict form shall also be submitted omitting the citation to authority and the 2 reference to the submitting party. 3 7. 4 the initials "DMR". One copy shall be clearly marked as a chambers copy. Chambers’ copies shall 5 be three-hole punched at the left side, suitable for insertion into standard binders. In addition, 6 Counsel shall email copies of all proposed jury instructions, motions in limine, forms of verdict and 7 trial briefs in a standard word processing format (and not .pdf format) to All documents filed with the Clerk of the Court shall list the civil case number followed by 8 Dated: 11/29/2012 9 11 For the Northern District of California United States District Court 10 _______________________________________ DONNA M. RYU United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL 6 1 JUROR QUESTIONNAIRE 2 Please stand and recite the information listed below. Name 2. City of Residence 5 3. Occupational Status 6 4. Organizations 7 5. Hobbies 8 6. Marital Status 9 7. Spouse’s Occupation 10 8. Children, Ages 11 For the Northern District of California 1. 4 United States District Court 3 9. If Juror on Another Case 12 10. If Ever a Grand Juror 13 11. If Ever in Military 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

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