Palacios v. Cosco Home and Office Products, Inc.
Filing
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CASE MANAGEMENT AND PRETRIAL ORDER. Jury Trial set for 5/2/2016 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 5/3/2016 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 5/4/2016 09:00 AM before Mag istrate Judge Kandis A. Westmore. Jury Trial set for 5/5/2016 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 5/6/2016 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 5/9/2016 09:00 AM before Magistr ate Judge Kandis A. Westmore. Jury Trial set for 5/10/2016 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 5/11/2016 09:00 AM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 5/12/2016 09:00 AM before Magistra te Judge Kandis A. Westmore. Jury Trial set for 5/13/2016 09:00 AM before Magistrate Judge Kandis A. Westmore. Pretrial Conference set for 4/19/2016 03:00 PM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 03/20/15. (kawlc2S, COURT STAFF) (Filed on 3/20/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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VICTOR PALACIOS,
Case No. 14-cv-04066-KAW
Plaintiff,
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v.
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COSCO HOME AND OFFICE
PRODUCTS, INC., et al.,
Defendants.
United States District Court
Northern District of California
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CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL
1.
TRIAL DATE
a.
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Jury trial will begin on May 2, 2016 at 9:00 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 (510) 637-3525.
b.
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The length of the trial will be not more than 10 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 December 7, 2015.
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b.
Experts shall be disclosed and reports provided by December 7, 2015.
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c.
Rebuttal experts shall be disclosed and reports provided by December 21, 2015.
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d.
All discovery from experts shall be completed by January 4, 2016.
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3.
PRETRIAL MOTIONS
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a.
The last day for hearing dispositive motions shall be February 4, 2016.
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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 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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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
United States District Court
Northern District of California
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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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kawpo@cand.uscourts.gov.
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4.
ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
The parties are ordered to participate in mediation through the Northern District ADR
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program, which shall be completed by October 30, 2015.
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5.
PRETRIAL CONFERENCE
a.
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A pretrial conference shall be held on April 19, 2016 at 3:00 p.m. Lead counsel
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who will try the case (or the party if pro se) must attend. The timing of disclosures required by
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Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by this
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order.
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b.
By March 18, 2016, 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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c.
Settlement of the action.
By March 29, 2016, 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
required by Federal Rule of Civil Procedure 26(a)(3) as well as the
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Northern District of California
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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 which remain to be decided.
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Disputed Factual Issues. A plain and concise statement of all
(iii)
Agreed Statement. A statement assessing whether all or part
of the action may be presented upon an agreed statement of
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facts.
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(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)
Trial Preparation.
(i)
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Witnesses to Be Called. With regard to witnesses disclosed
pursuant to Federal Civil Rule of Civil Procedure
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Northern District of California
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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
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of 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.
(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)
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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Northern District of California
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Serve and file no more than ten motions in limine, which shall be filed in
(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)
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):
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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No party shall be permitted to call any witness or offer any exhibit in its case in chief that
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Northern District of California
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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.
d.
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By April 8, 2016, ten (10) days prior to the pretrial conference, after meeting and
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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 objection to
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proposed voir dire questions, jury instructions and verdict forms that the parties have been unable
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in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The
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parties shall not file separate objections, apart from those contained in the motions in limine, to the
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opposing party's witness list, exhibit list or discovery designations.
e.
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6.
All motions shall be heard at the pretrial conference unless otherwise ordered.
JURY TRIAL
a.
The attached voir dire questionnaire (or similar) shall be given or presented to the
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venire members to be answered orally in Court. Counsel shall submit an agreed upon set of
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additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel
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cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire after
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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
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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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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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United States District Court
Northern District of California
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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 kawpo@cand.uscourts.gov.
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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
May 2, 2016
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Pretrial Conference
April 19, 2016
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Objections
April 8, 2016
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Joint Pretrial Statement
March 29, 2016
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Meet and Confer
March 18, 2016
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Last day to Hear Dispositive Motions
February 4, 2016
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Close of Expert Discovery
January 4, 2016
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Rebuttal Expert Disclosure and Reports Provided
December 21, 2015
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Expert Disclosure and Reports Provided
December 7, 2015
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Non-Expert Discovery Cut-off
December 7, 2015
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ADR Completion
October 30, 2015
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Deadline to Amend Pleadings
May 22, 2015
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The parties are reminded that they shall use available discovery devices, e.g., subpoenas,
before filing joint letters regarding discovery disputes.
A further Case Management Conference is scheduled for May 26, 2015 at 1:30 p.m. An
updated Joint Case Management Conference Statement is due May 19, 2015.
IT IS SO ORDERED.
Dated: 03/20/15
______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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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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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?
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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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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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