Lehman Brothers Holdings Inc. v. Parkside Lending, LLC

Filing 20

CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL. Signed by Magistrate Judge Donna M. Ryu on 1/30/13. (sisS, COURT STAFF) (Filed on 1/31/2013)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 Lehman Bros. Holdings, Inc. 12 CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL (Rev. 8/23/2012) Plaintiff, 11 For the Northern District of California United States District Court 10 No. C-12-5571-DMR v. Parkside Lending, LLC 13 Defendant. 14 ________________________________/ 15 16 1. TRIAL DATE 17 a. Jury trial will begin on 2/18/14 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 www.cand.uscourts.gov 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 3 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 10/25/13. b. Experts shall be disclosed and reports provided by 10/25/13. c. Rebuttal experts shall be disclosed and reports provided by 11/8/13. 26 27 28 CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL 1 2 d. 3. 3 4 All discovery from experts shall be completed by 11/22/13. MOTIONS The last day for hearing dispositive motions shall be 12/12/13 at 11:00 a.m. 4. 5 ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE The parties are ordered to participate in mediation through the Northern District ADR 6 program, which shall be completed by 4/30/13, or as soon thereafter as is convenient to the 7 assigned mediator’s calendar. 8 5. 9 PRETRIAL CONFERENCE a. A pretrial conference shall be held on 2/5/14 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. By 1/6/14, lead counsel shall meet and confer regarding: 13 (1) Preparation and content of the joint pretrial conference statement; 14 (2) Preparation and exchange of pretrial materials to be served and lodged 15 pursuant to paragraph 5(c) below; and 16 17 18 (3) c. Settlement of the action. By 1/16/14, counsel and/or parties shall: (1) Serve and file a joint pretrial statement that includes the pretrial disclosures 19 required by Federal Rule of Civil Procedure 26(a)(3) as well as the following 20 supplemental information: 21 (a) 22 The Action. (i) 23 Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided. 24 (ii) Relief Prayed. A detailed statement of all the relief claims, 25 particularly itemizing all elements of damages claimed as well 26 as witnesses, documents or other evidentiary material to be 27 presented concerning the amount of those damages. 28 (b) The Factual Basis of the Action. CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL 2 1 (i) Undisputed Facts. A plain and concise statement of all 2 relevant facts not reasonably disputable, as well as which facts 3 parties will stipulate for incorporation into the trial record 4 without the necessity of supporting testimony or exhibits. 5 (ii) 6 disputed factual issues which remain to be decided. 7 (iii) 8 (iv) 10 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. 9 11 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. 12 Without extended legal argument, a concise statement of each 13 disputed point of law concerning liability or relief, citing 14 supporting statues and decisions. 15 16 (d) Trial Preparation. (i) Witnesses to Be Called. With regard to witnesses disclosed 17 pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A), 18 a brief statement describing the substance of the testimony to 19 be given. 20 (ii) Estimate of Trial Time. An estimate of the number of hours 21 needed for the presentation of each party’s case, indicating 22 possible reductions in time through proposed stipulations, 23 agreed statements of facts, or expedited means of presenting 24 testimony and exhibits. 25 (iii) Use of Discovery Responses. Designate excerpts from 26 discovery that the parties intend to present at trial, other than 27 solely for impeachment or rebuttal, from depositions 28 specifying the witness page and line references, from CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL 3 1 interrogatory answers, or from responses to requests for 2 admission. 3 (e) 4 Trial Alternatives and Options. (i) Settlement Discussion. A statement summarizing the status of 5 settlement negotiations and indicating whether further 6 negotiations are likely to be productive. 7 (ii) Amendments, Dismissals. A statement of requested or 8 proposed amendments to pleadings or dismissals of parties, 9 claims or defenses. (f) Miscellaneous. 11 For the Northern District of California United States District Court 10 Any other subjects relevant to the trial of the action or material to its 12 just, speedy and inexpensive determination. 13 (2) Serve and file trial briefs, motions in limine (including any motion regarding 14 the qualifications or testimony or any expert witness), proposed voir dire 15 questions, jury instructions, verdict forms and excerpts from discovery that 16 will be offered at trial (include a copy of the deposition testimony or 17 admission). The parties shall submit proposed jury instructions jointly. If 18 there are any instructions on which the parties cannot agree, those instructions 19 may be submitted separately. The parties shall submit a jointly prepared 20 proposed form of verdict, or, if the parties cannot agree, their respective 21 proposals; 22 (3) 23 24 Serve and file an exhibit setting forth the qualifications and experience for each expert witness; (4) Serve and file a list of each party’s exhibits by number (plaintiff) or letter 25 (defendant), including a brief statement describing the substance and purpose 26 of each exhibit and the name of the sponsoring witness; 27 28 (5) Exchange exhibits which shall be premarked (plaintiff shall use umbers; defendant shall use letters) and tabbed; and CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL 4 1 (6) 2 filed). 3 4 Deliver two sets of all premarked exhibits to chambers (exhibits are not to be 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. 5 d. By 1/24/13, after meeting and conferring in a good faith attempt to resolve any 6 objections, counsel and/or parties shall serve and file: (1) any objections to exhibits or to use of 7 deposition excerpts or other discovery; (2) any objections to witnesses, including the qualifications 8 of an expert witness; (3) any objection to proposed voir dire questions, jury instructions and verdict 9 forms that the parties have been unable in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. 11 For the Northern District of California United States District Court 10 12 e. 6. 13 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 14 members to be answered orally in Court. Counsel shall submit an agreed upon set of additional voir dire 15 questions to be posed by the Court. Any voir dire questions on which counsel cannot agree may be 16 submitted separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning. 17 b. The following jury instructions from the Ninth Circuit Manual of Model Civil Jury 18 Instructions (available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given absent 19 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 20 case specific instructions, using the Ninth Circuit Manual where appropriate. Do not submit 21 duplicates of those listed above. Any instructions on which counsel cannot agree may be submitted 22 separately. Each requested instruction shall be typed in full on a separate page with citations to the 23 authority upon which it is based and a reference to the party submitting it. A second blind copy of 24 each instruction and verdict form shall also be submitted omitting the citation to authority and the 25 reference to the submitting party. 26 7. 27 the initials "DMR". One copy shall be clearly marked as a chambers copy. Chambers’ copies shall 28 be three-hole punched at the left side, suitable for insertion into standard binders. In addition, All documents filed with the Clerk of the Court shall list the civil case number followed by CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL 5 1 Counsel shall email copies of all proposed jury instructions, motions in limine, forms of verdict and 2 trial briefs in a standard word processing format (and not .pdf format) to dmrpo@cand.uscourts.gov. 3 Dated: January 30, 2013 4 5 6 _______________________________________ DONNA M. RYU United States Magistrate Judge 7 8 9 11 For the Northern District of California United States District Court 10 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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