Farmer Boys Food, Inc. et al v. Farmburger, LLC et al

Filing 33

CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL. Further Case Management Statement due by 11/25/2014. Further Case Management Conference set for 12/2/2014 at 01:30 PM. Fact discovery due by 3/30/2015. Jury Trial set for 10/5/2015 08:30 AM before Magistrate Judge Kandis A. Westmore. Pretrial Conference set for 9/22/2015 03:00 PM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 08/26/14. (kawlc2S, COURT STAFF) (Filed on 8/26/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FARMER BOYS FOOD, INC., et al.,

Case No. 14-cv-01874-KAW

Plaintiffs,
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v.
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FARMBURGER, LLC, et al.,

CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL

Defendants.

United States District Court
Northern District of California

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1.

TRIAL DATE
a.

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Jury trial will begin on October 5, 2015 at 8:30 a.m. at the U.S. District Court, 1301

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Clay Street, Oakland, California. For courtroom number and floor information, please check the

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Court’s on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call

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Susan Imbriani (Judge Westmore’s Courtroom Deputy) at [phone].
b.

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The length of the trial will be not more than 5 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 8:30 a.m. to 1:30 p.m., subject to the Court’s availability.

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2.

a.

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DISCOVERY AND EXPERT DISCLOSURES
All non-expert discovery shall be completed by March 30, 2015. Any non-expert

discovery disputes shall be filed by no later than April 6, 2015.

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b.

Experts shall be disclosed and reports provided by May 15, 2015.

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c.

Rebuttal experts shall be disclosed and reports provided by May 29, 2015.

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d.

All discovery from experts shall be completed by June 12, 2015. Any expert

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discovery disputes shall be filed by no later than June 19, 2015.

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3.

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PRETRIAL MOTIONS
a.

The last day for hearing dispositive motions shall be July 16, 2015.

b.

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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 pursuant

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to Civ. L. R. 7-11, or by requesting a case management conference or informal

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telephone conference.
c.

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Separate statements of undisputed facts in support of or in opposition to motions

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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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are undisputed.
d.

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within the opposition or reply brief or memorandum. Civil L. R. 7-3.

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United States District Court
Northern District of California

Objections to evidence may no longer be filed separately but must be contained

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/SETTLEMENT CONFERENCE
The parties shall complete ADR within 90 days of the order approving the parties'

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stipulation selecting an ADR process, unless otherwise specified.

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5.

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PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on September 22, 2015 at 3:00 p.m. Lead

counsel who will try the case (or the party if pro se) must attend. The timing of disclosures
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required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be

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governed by this order.

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b.

By August 25, 2015, 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 September 4, 2015, 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 Prayed. A detailed statement of all the relief claims,

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particularly itemizing all elements of damages claimed as

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well as witnesses, documents or other evidentiary material

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to be 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

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facts parties will stipulate for incorporation into the trial

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record without the necessity of supporting testimony or

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exhibits.

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(ii)

Disputed Factual Issues. A plain and concise statement of all
disputed factual issues which remain to be decided.
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(iii)

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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)

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proposed for pretrial or trial purposes.

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Stipulations. A statement of stipulations requested or

(c)

Disputed Legal Issues.

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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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statues and decisions.

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(d)

(i)

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United States District Court
Northern District of California

Trial Preparation.
Witnesses to Be Called. With regard to witnesses disclosed

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pursuant to Federal Civil Rule of Civil Procedure

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26(a)(3)(A), a brief statement describing the substance of the

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testimony to 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)

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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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(e)

Trial Alternatives and Options.
(i)

Settlement Discussion. A statement summarizing the status
of settlement negotiations and indicating whether further
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negotiations are likely to be productive.

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(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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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)

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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United States District Court
Northern District of California

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(3)

Serve and file no more than ten motions in limine, which shall be filed in
one document not to exceed 25 pages;

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Serve and file trial briefs (not to exceed 25 pages), which shall specify each

(4)

Serve and file proposed voir dire questions, jury instructions, verdict forms

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and excerpts from discovery that will be offered at trial (include a copy of

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the deposition testimony or admission). The parties shall submit proposed

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jury instructions jointly. If there are any instructions on which the parties

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cannot agree, those instructions may be submitted separately. The parties

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shall submit a jointly prepared proposed form of verdict, or, if the parties

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cannot agree, their respective proposals;

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(5)

each expert witness;

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Serve and file an exhibit setting forth the qualifications and experience for

(6)

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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(7)

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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(8)

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Deliver three sets of all premarked exhibits to chambers, tabbed and in

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binders (exhibits are not to be filed). The exhibits shall be marked with the

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following tag (or similar):

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Case No. ___________________

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Trial Exhibit ___

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Date Admitted__________________
By:________________________
Susan Imbriani
Deputy Clerk

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United States District Court
Northern District of California

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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. Furthermore, all parties are reminded of their disclosure duties under Federal Rule of Civil

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Procedure 26. Any document or witness that should have been disclosed under Rule 26 will not

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be introduced at trial.

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d.

By September 11, 2015, ten (10) days prior to the pretrial conference, after

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meeting and conferring in a good faith attempt to resolve any objections, counsel and/or parties

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shall serve and file: (1) any objections to exhibits or to use of deposition excerpts or other

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discovery; (2) any objections to witnesses, including the qualifications of an expert witness; (3)

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any objection to proposed voir dire questions, jury instructions and verdict forms that the parties

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have been unable in good faith to resolve; (4) any opposition to a motion in limine. No replies

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shall be filed. The parties shall not file separate objections, apart from those contained in the

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motions in limine, to the opposing party's witness list, exhibit list or discovery designations.

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e.

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

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6.

JURY TRIAL
a.

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The attached voir dire questionnaire (or similar) shall be given or presented to the

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venire members to be answered in writing immediately prior to the first day of trial. Only follow-

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up questions posed to the venire will be answered orally in Court. Counsel shall submit an agreed

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upon set of additional voir dire questions to be posed by the Court. Any voir dire questions on

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which counsel cannot agree may be submitted separately. Counsel shall be allowed brief follow-

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up voir dire after the Court's questioning.
b.

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The following jury instructions from the Ninth Circuit Manual of Model Civil Jury

Instructions (available on the Ninth Circuit website at http://www.ce9.uscourts.gov) shall be given
absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed

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United States District Court
Northern District of California

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upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not

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submit duplicates of those listed above. Any instructions on which counsel cannot agree may be

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submitted separately. Each requested instruction shall be typed in full on a separate page with

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citations to the authority upon which it is based and a reference to the party submitting it. A

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second blind copy of each instruction and verdict form shall also be submitted omitting the

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citation to authority and the reference to the submitting party.

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7.

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motions in limine, forms of verdict, and trial briefs in standard Word format (.doc or .docx, not

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.pdf format) to [e-mail].

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8.

In addition to electronic filing, Counsel shall email copies of all proposed jury instructions,

SUMMARY OF DATES

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Trial

October 5, 2015

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Pretrial Conference

September 22, 2015

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Objections

September 11, 2015

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Joint Pretrial Statement

September 4, 2015

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Meet and Confer

August 25, 2015

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Last day to Hear Dispositive Motions

July 16, 2015

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Non-Expert Discovery Cut-off

March 30, 2015

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Close of Expert Discovery

June 12, 2015
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Opening Expert Disclosure and Reports Provided

May 15, 2015

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Rebuttal Expert Disclosure and Reports Provided

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ADR Completion

May 29, 2015
90 days from date of
order approving
stipulation selecting
ADR process, unless
otherwise specified

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A further Case Management Conference is scheduled for December 2, 2014 at 1:30 p.m.

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The deadline for amending the pleadings is October 13, 2014.

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IT IS SO ORDERED.

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Dated: August 26, 2014

______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

United States District Court
Northern District of California

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JUROR QUESTIONNAIRE

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Please fill out this form as completely as possible and print clearly. Since we want to make copies

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for the attorneys and the Court, do not write on the back of any page. If you need more room,

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continue at the bottom of the page. Thank you for your cooperation.

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1.

Your name:
________________________________________________

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2.

Your age: _____________

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3.

The city where you live: ___________________________________
How long have you lived there:______________________________

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4.

Your place of birth: ______________________________________

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United States District Court
Northern District of California

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5.

Do you rent or own your own home? _________________________

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6.

Your marital status: (circle one)

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single

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married

live with partner

separated

divorced

widowed

What is your occupation, and how long have you worked in it? (If you are retired, please

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describe your main occupation when you were working).

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_______________________________________________________________

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_______________________________________________________________

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_______________________________________________________________

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Please list the occupations of any adults with whom you live.
_______________________________________________________________

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Who is (or was) your employer?

10.

If you have children, please list their ages and gender and, if they are employed, please

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give their occupations.

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_______________________________________________________________

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_______________________________________________________________

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_______________________________________________________________

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Please describe your educational background:

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Highest grade completed: _________________________________

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College and/or vocational schools you have attended:

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_______________________________________________________________

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_______________________________________________________________

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_______________________________________________________________

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Major areas of study:______________________________________________

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12.

Have you ever served on a jury before? ________ How many times?________
If yes: State/County Court _______ Federal Court _______

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When? ____________________________________________________

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United States District Court
Northern District of California

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Was it a civil or criminal case? _________________________

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Did the jury(ies) reach a verdict? _______________________

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Have you ever served on a grand jury? ________

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If yes: State/County Court _______ Federal Court _______

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When? ____________________________________________________

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Was it a civil or criminal? _________________________

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14.

Have you ever served in the military? ________

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If yes: Country you served ________________

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Branch _________________________________

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Length of Service ________________________

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Last Rank ______________________________

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15.

Attached is a list of the parties in this case, the law firms representing the parties, attorneys

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in this case, and persons who are potential witnesses in this case. Do you know, or think

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you know, any of the persons listed?

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Yes:_____ No:_____

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If so, make a checkmark next to their name.

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