Schmid v. City and County San Francisco

Filing 13

CASE MANAGEMENT AND PRETRIAL ORDER: Signed by Magistrate Judge Donna M. Ryu on 10/24/12. (ig, COURT STAFF) (Filed on 10/24/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FREAR S. SCHMID,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C-12-3899-DMR
CASE MANAGEMENT AND PRETRIAL
ORDER FOR COURT TRIAL

v.
CITY AND COUNTY OF SAN FRANCISCO,

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Defendant.

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________________________________/

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1.

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TRIAL DATE
a.

Court trial shall begin on 5/13/2013 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 Court’s

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

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Courtroom Deputy) at [phone].

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b.

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

DISCOVERY AND EXPERT DISCLOSURES

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a.

All non-expert discovery shall be completed by 1/31/2013.

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b.

Experts shall be disclosed and reports provided by 1/31/2013.

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c.

Rebuttal experts shall be disclosed and reports provided by 2/14/2013.
CASE MANAGEMENT & PRETRIAL ORDER FOR COURT TRIAL

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d.
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All discovery from experts shall be completed by 2/28/2013.

MOTIONS
The last day for hearing dispositive motions shall be 2/28/2013 at 11:00 a.m.

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ALTERNATIVE DISPUTE RESOLUTION
The parties are ordered to participate in Early Neutral Evaluation through the Northern

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District ADR program, which shall be completed by no later than 1/21/2013.

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5.

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a.

A pretrial conference shall be held on 5/1/2013 at 3:00 p.m. Lead counsel who will

try the case (or the party if pro se) must attend.

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b.

4/2/2013, thirty (30) days prior to the date of the pretrial conference, lead counsel

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For the Northern District of California

United States District Court

PRETRIAL CONFERENCE

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

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pursuant to paragraph 5(c) below; and

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(3)

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c.

Settlement of the action.

4/12/2013, 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

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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 claimed,

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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.

CASE MANAGEMENT & PRETRIAL ORDER FOR COURT TRIAL

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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 disputed

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point of law concerning liability or relief, citing supporting statues and

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decisions, any and procedural or evidentiary issues.

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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
CASE MANAGEMENT & PRETRIAL ORDER FOR COURT TRIAL

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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.
(iii)

Bifurcation, Separate Trial of Issues. A statement of whether

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For the Northern District of California

United States District Court

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bifurcation or a separate trial of specific issues is feasible and

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desired.

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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

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the qualifications or testimony of any expert witness) and joint proposed

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findings of fact and conclusions of law. The findings of fact shall set forth in

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simple, declarative sentences, separately numbered, all factual contentions

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relied upon by the party in support of its claims for relief and shall be free of

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pejorative language and argument. Counsel shall submit separately their

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disputed findings of fact and conclusions of law. Counsel shall email a copy

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of their proposed findings of fact and conclusions of law in a standard word

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

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(3)

Serve and file an exhibit setting forth the qualifications and experience for
each expert witness;

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CASE MANAGEMENT & PRETRIAL ORDER FOR COURT TRIAL

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(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)

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defendant shall use letters) and tabbed; and

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(6)

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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.

4/22/2013, ten (10) days prior to the pretrial conference, after meeting and

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For the Northern District of California

United States District Court

Deliver two sets of all prepared exhibits to chambers (exhibits are not to be
filed).

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Exchange exhibits which shall be premarked (plaintiff shall use numbers;

conferring in a good faith attempt to resolve and 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; (3) any opposition to a motion in

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limine.

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e.

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

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6.

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by the initials "DMR." One copy must be clearly marked as a chambers copy. Chambers' copies

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shall be three-hole punched at the left side, suitable for insertion into standard binders.

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

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Dated: 10/24/2013
________________________________
DONNA M. RYU
United States Magistrate Judge

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CASE MANAGEMENT & PRETRIAL ORDER FOR COURT TRIAL

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