Ortiz v. Gate Gourmet, Inc. et al

Filing 46

AMENDED CASE MANAGEMENT AND PRETRIAL ORDER FOR BENCH TRIAL. Signed by Magistrate Judge Kandis A. Westmore on 11/4/13. (sisS, COURT STAFF) (Filed on 11/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERTO ORTIZ,

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v.
GATE GOURMET, INC., CHRIS NOVAK,
and DOES 1-20, inclusive,

AMENDED CASE MANAGEMENT AND
PRETRIAL ORDER FOR BENCH TRIAL

Defendant.

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United States District Court
Northern District of California

Case No.: C 12-06455-KAW

Plaintiff,

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1.

TRIAL DATE
a.

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Bench trial will begin on June 23, 2014 at 1:00 p.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 trial will be no longer than seven days. The Court may shorten the allotted

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time as it deems appropriate, and may also allocate a fixed number of hours for each side. Court

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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
a.

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All non-expert discovery by Plaintiff and Defendant Gate Gourmet shall be

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completed by October 21, 2013. All non-expert discovery by Defendant Chris Novak shall be

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completed by December 23, 2013.

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b.

Experts shall be disclosed and reports provided by October 21, 2013.

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c.

Rebuttal experts shall be disclosed and reports provided by November 4, 2013.

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d.

All discovery from experts shall be completed by November 18, 2013.

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AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR BENCH TRIAL
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3.

PRETRIAL MOTIONS

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a.

The last day for hearing dispositive motions shall be April 3, 2014.

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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
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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United States District Court
Northern District of California

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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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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
The parties are not ordered to participate in further ADR at this time.

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AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR BENCH TRIAL
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5.

PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on June 10, 2014 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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b.

By May 9, 2014, 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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United States District Court
Northern District of California

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c.

Settlement of the action.

By May 20, 2014, 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

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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. 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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AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR BENCH TRIAL
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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 statement of

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

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proposed for pretrial or trial purposes.

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(c)

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Disputed Legal Issues.
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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United States District Court
Northern District of California

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statues and decisions.
(d)

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Trial Preparation.
(i)

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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.
(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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AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR BENCH TRIAL
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(e)

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Trial Alternatives and Options.
(i)

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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.
(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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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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United States District Court
Northern District of California

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Miscellaneous.

(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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(4)

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

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

(5)

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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(6)

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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(7)

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

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AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR BENCH TRIAL
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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 May 30, 2014, 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 opposition to a

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motion in limine. No replies shall be filed. The parties shall not file separate objections, apart

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from those contained in the motions in limine, to the opposing party's witness list, exhibit list or

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United States District Court
Northern District of California

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discovery designations.
e.

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

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6.

In addition to electronic filing, Counsel shall email copies of all motions in limine and

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trial briefs in standard Word format (.doc or .docx, not .pdf format) to [e-mail].

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AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR BENCH TRIAL
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7.

SUMMARY OF DATES

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Trial

June 23, 2014

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Pretrial Conference

June 10, 2014

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Objections

May 30, 2014

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Joint Pretrial Statement

May 20, 2014

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Meet and Confer

May 9, 2014

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Last day to Hear Dispositive Motions

April 3, 2014

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Close of Expert Discovery

November 18, 2013

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Rebuttal Expert Disclosure and Reports Provided

November 4, 2013

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United States District Court
Northern District of California

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Expert Disclosure and Reports Provided

October 21, 2013

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Non-Expert Discovery Cut-off for Plaintiff and Gate

October 21, 2013

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Gourmet

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Non-Expert Discovery Cut-off for Defendant Novak

December 23, 2013

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A further Case Management Conference is scheduled for January 28, 2014 at 1:30 p.m.
Dated: November 4, 2013

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KANDIS A. WESTMORE
United States Magistrate Judge

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AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR BENCH TRIAL
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