Price et al v. Wyndham Vacation Ownership, Inc.

Filing 39

TENTATIVE CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Yvonne Gonzalez Rogers on 3/4/2014. (fs, COURT STAFF) (Filed on 3/4/2014)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
6

Boyce Gene Price and Shawn Murphy,
Plaintiff(s),

7
8
9
10

Case No.: C- 13-cv-5092-YGR
TENTATIVE CASE MANAGEMENT AND
PRETRIAL ORDER

vs.
Wyndham Vacation Ownership, Inc. and Does
One through Twenty,
Defendant(s).

11

Northern District of California

United States District Court

12

TO ALL PARTIES AND COUNSEL OF RECORD:

13

The Court has read and reviewed the docket in this matter in advance of the Case

14

Management Conference scheduled for March 10, 2014 and will set the following trial and pretrial

15

dates. The amount of time the parties jointly suggest is significantly more than warranted and

16

conflicts with a significant criminal trial scheduled for the fall of 2015.

17

The parties are advised that in cases assigned to a district judge, the parties may consent at

18

any time to reassignment of the case to a magistrate judge of their joint selection for all purposes,

19

including entry of final judgment. See Civil L.R. 73-1(b). This option is being made available

20

because the magistrate judges in this district have smaller civil dockets and no felony criminal cases

21

and may be able to adjudicate this case with more flexibility than the undersigned district judge.

22

The parties are hereby DIRECTED to advise the Court, no later than 10:00 a.m. on Monday,

23

March 10, 2014, whether they (i) submit to the tentative trial and pretrial order in which case no

24

appearance will be necessary and the order will issue automatically; (ii) consent to have a magistrate

25

judge of their choice conduct all further proceedings in the instant action in which case no

26

appearance will be necessary and the reassignment order will issue automatically; or (iii) will

27

personally appear for the case management conference. Should the parties choose to consent to a

28

magistrate judge, forms are available at http://www.cand.uscourts.gov, in the “Forms” section.

TENTATIVE PRETRIAL SCHEDULE

1
2
3

CASE MANAGEMENT CONFERENCE:

Monday, August 11, 2014 at 2:00 p.m.

4

REFERRED TO PRIVATE MEDIATION TO BE
COMPLETED BY:

July 31, 2014

6

LAST DAY TO JOIN PARTIES OR AMEND PLEADINGS:

Must obtain leave

7

NON-EXPERT DISCOVERY CUTOFF:

September 15, 2014

8

DISCLOSURE OF EXPERTS (RETAINED/NONRETAINED):

Opening: August 1, 2014
Rebuttal: August 15, 2014

10

EXPERT DISCOVERY CUTOFF:

September 15, 2014

11

DISPOSITIVE MOTIONS1 TO BE HEARD BY:

November 18, 2014

COMPLIANCE HEARING (SEE PAGE 2)

Friday, December 19, 2014 at 9:01 a.m.

JOINT PRETRIAL CONFERENCE STATEMENT:

Friday, January 9, 2015

PRETRIAL CONFERENCE:

Tuesday, January 20, 2015 at 9:00 a.m.

TRIAL DATE AND LENGTH:

Monday, February 2, 2015 at 8:30 a.m.
for 5 days (Jury Trial)

5

9

Northern District of California

United States District Court

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Pursuant to the Court’s Pretrial Instructions in Civil Cases at Section 2, trial counsel shall
meet and confer in advance of the Pretrial Conference. The compliance hearing on Friday,
December 19, 2014 at 9:01 a.m. is intended to confirm that counsel understand the obligations
required under the Pretrial Order and are in the process of timely meeting and conferring as required
by the Pretrial Instructions. The compliance hearing shall be held in the Federal Courthouse, 1301
Clay Street, Oakland, California, in Courtroom 1. Five (5) business days prior to the date of the
compliance hearing, the parties shall file a one-page JOINT STATEMENT confirming they have
complied with this requirement or explaining their failure to comply. If compliance is complete, the
parties need not appear and the compliance hearing will be taken off calendar. Telephonic
appearances will be allowed if the parties have submitted a joint statement in a timely fashion.
Failure to do so may result in sanctions.

28
1

See Standing Order regarding Pre-filing Conference Requirements for motions for summary judgment.
2

1

As set forth above, the parties are REFERRED to private mediation. The parties shall

2

provide the Court with the name of an agreed-upon mediator by April 4, 2014 by filing a JOINT

3

Notice. A compliance hearing regarding shall be held on Friday, April 11, 2014 on the Court's

4

9:01a.m. calendar, in the Federal Courthouse, 1301 Clay Street, Oakland, California, in Courtroom 1.

5

By April 4, 2014, the parties shall file either the JOINT Notice or a one-page JOINT STATEMENT

6

setting forth an explanation for their failure to comply. If compliance is complete, the parties need

7

not appear and the compliance hearing will be taken off calendar. Telephonic appearances will be

8

allowed if the parties have submitted a joint statement in a timely fashion.

9

The parties must comply with both the Court’s Standing Order in Civil Cases and Standing

10

Order for Pretrial Instructions in Civil Cases for additional deadlines and procedures. All Standing

11

Orders are available on the Court’s website at http://www.cand.uscourts.gov/ygrorders.

Northern District of California

United States District Court

12
13

IT IS SO ORDERED.
Dated: March 4, 2014
_______________________________________

14

YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28

3