Woo v. JDA Software, Inc.

Filing 22

CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL: Discovery due by 10/20/2015. Pretrial Conference set for 3/1/2016 at 03:00 PM before Magistrate Judge Kandis A. Westmore. Jury Trial set for 3/18/2016 at 09:00 AM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 02/23/2015. (kawlc2S, COURT STAFF) (Filed on 2/23/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

JAMES WOO,

Case No. 14-cv-04646-KAW

Plaintiff,
8
v.
9
10

JDA SOFTWARE, INC.,

CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL

Defendant.

United States District Court
Northern District of California

11
12

1.

TRIAL DATE
a.

13

Jury trial will begin on March 21, 2016 at 9:00 a.m. at the U.S. District Court, 1301

14

Clay Street, Oakland, California. Jury selection will begin on March 18, 2016 at 9:00 a.m. For

15

courtroom number and floor information, please check the Court’s on-line calendar at

16

www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call Susan Imbriani (Judge

17

Westmore’s Courtroom Deputy) at [phone].

18

b.

The length of the trial will be not more than 5 to 7 days, not including jury

19

selection.

20

a fixed number of hours for each side. Court hours for trial normally are 9:00 a.m. to 3:00 p.m.,

21

subject to the Court’s availability.

22

2.

The Court may shorten the allotted time as it deems appropriate, and may also allocate

DISCOVERY AND EXPERT DISCLOSURES

23

a.

All non-expert discovery shall be completed by October 20, 2015.

24

b.

Experts shall be disclosed and reports provided by October 20, 2015.

25

c.

Rebuttal experts shall be disclosed and reports provided by November 3, 2015.

26

d.

All discovery from experts shall be completed by November 17, 2015.

27
28

3.

PRETRIAL MOTIONS
a.

The last day for hearing dispositive motions shall be December 17, 2015.

b.

1

Only one summary judgment motion may be filed by each side, absent leave of

2

court. Leave of court may be sought if multiple parties comprise one or both sides.

3

Leave of court may be obtained by filing a motion for administrative relief pursuant

4

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

5

telephone conference.
c.

6

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

7

for summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may

8

file a truly joint statement of undisputed facts only if all parties agree that the facts

9

are undisputed.
d.

10

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

11
United States District Court
Northern District of California

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

e.

12

Each party filing or opposing a motion shall also serve and file a proposed order

13

which sets forth the relief or action sought and a short statement of the rationale of

14

decision, including citation of authority that the party requests the court to adopt.
f.

15

Chambers copies of each electronically-filed dispositive motion must include on

16

each page the running header created by the ECF system and must be delivered to

17

the Clerk's Office by noon the day following its filing. All documents must be

18

stapled or bound by a two-pronged fastener, and all exhibits to declarations or

19

requests for judicial notice must be tabbed.
g.

20

In addition, counsel shall email copies of all motions for summary judgment in

21

standard Word format (.doc or .docx, and not .pdf format) to

22

[e-mail].

23

4.

ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
The Court will address ADR at the next case management conference, currently set for

24
25

May 19, 2015 at 1:30 p.m.

26

5.

27
28

PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on March 1, 2016 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
2

1

Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by this

2

order.

3
4

b.

By January 29, 2016, thirty (30) days prior to the date of the pretrial conference,

lead counsel shall meet and confer regarding:

5

(1)

Preparation and content of the joint pretrial conference statement;

6

(2)

Preparation and exchange of pretrial materials to be served and lodged
pursuant to paragraph 5(c) below; and

7
(3)

8
9
10

United States District Court
Northern District of California

11

c.

Settlement of the action.

By February 9, 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

12

required by Federal Rule of Civil Procedure 26(a)(3) as well as the

13

following supplemental information:

14

(a)

The Action.
(i)

15

Substance of the Action. A brief description of the substance
of claims and defenses which remain to be decided.

16
(ii)

17

Relief Prayed. A detailed statement of all the relief claims,

18

particularly itemizing all elements of damages claimed as

19

well as witnesses, documents or other evidentiary material

20

to be presented concerning the amount of those damages.

21
22

(b)

The Factual Basis of the Action.
(i)

Undisputed Facts. A plain and concise statement of all

23

relevant facts not reasonably disputable, as well as which

24

facts parties will stipulate for incorporation into the trial

25

record without the necessity of supporting testimony or

26

exhibits.

27
28

(ii)

Disputed Factual Issues. A plain and concise statement of all
disputed factual issues which remain to be decided.
3

(iii)

1

Agreed Statement. A statement assessing whether all or part

2

of the action may be presented upon an agreed statement of

3

facts.
(iv)

4

proposed for pretrial or trial purposes.

5
6

Stipulations. A statement of stipulations requested or

(c)

Disputed Legal Issues.

7

Without extended legal argument, a concise statement of each

8

disputed point of law concerning liability or relief, citing supporting

9

statues and decisions.

10

(d)

(i)

11
United States District Court
Northern District of California

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

12

pursuant to Federal Civil Rule of Civil Procedure

13

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

14

testimony to be given.
(ii)

15

Estimate of Trial Time. An estimate of the number of hours

16

needed for the presentation of each party’s case, indicating

17

possible reductions in time through proposed stipulations,

18

agreed statements of facts, or expedited means of presenting

19

testimony and exhibits.
(iii)

20

Use of Discovery Responses. Designate excerpts from

21

discovery that the parties intend to present at trial, other than

22

solely for impeachment or rebuttal, from depositions

23

specifying the witness page and line references, from

24

interrogatory answers, or from responses to requests for

25

admission.

26
27
28

(e)

Trial Alternatives and Options.
(i)

Settlement Discussion. A statement summarizing the status
of settlement negotiations and indicating whether further
4

negotiations are likely to be productive.

1
(ii)

2

Amendments, Dismissals. A statement of requested or

3

proposed amendments to pleadings or dismissals of parties,

4

claims or defenses.
(f)

5

Miscellaneous.

6

Any other subjects relevant to the trial of the action or material to its

7

just, speedy and inexpensive determination.

8

(2)

cause of action and defense remaining to be tried along with a statement of

9

the applicable legal standard (no opposition shall be filed);

10

United States District Court
Northern District of California

11

(3)

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

12
13

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

14

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

15

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

16

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

17

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

18

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

19

cannot agree, their respective proposals;

20

(5)

each expert witness;

21
22

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

23

(defendant), including a brief statement describing the substance and

24

purpose of each exhibit and the name of the sponsoring witness;

25

(7)

Exchange exhibits which shall be premarked with an exhibit sticker tabbed

26

and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall

27

use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties

28

shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3,
5

etc.); and

1
(8)

2

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

3

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

4

following tag (or similar):
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

5
6

Case No. ___________________
7

Trial Exhibit ___

8

Date Admitted__________________
By:________________________
Susan Imbriani
Deputy Clerk

9
10

United States District Court
Northern District of California

11

No party shall be permitted to call any witness or offer any exhibit in its case in chief that

12
13

is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the

14

Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good

15

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

16

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

17

be introduced at trial.
d.

18

By February 19, 2016, ten (10) days prior to the pretrial conference, after meeting

19

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

20

and file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any

21

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

22

proposed voir dire questions, jury instructions and verdict forms that the parties have been unable

23

in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The

24

parties shall not file separate objections, apart from those contained in the motions in limine, to the

25

opposing party's witness list, exhibit list or discovery designations.
e.

26
27
28

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
6

1

venire members to be answered orally in Court. Counsel shall submit an agreed upon set of

2

additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel

3

cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire after

4

the Court's questioning.
b.

5

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

6

Instructions (available on the Ninth Circuit website at http://www.ce9.uscourts.gov) shall be given

7

absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed

8

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

9

submit duplicates of those listed above. Any instructions on which counsel cannot agree may be
submitted separately. Each requested instruction shall be typed in full on a separate page with

11
United States District Court
Northern District of California

10

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

12

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

13

citation to authority and the reference to the submitting party.

14

7.

15

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

16

.pdf format) to [e-mail].

17

8.

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

SUMMARY OF DATES

18

Jury Selection

March 18, 2016

19

Trial

March 21, 2016

20

Pretrial Conference

March 1, 2016

21

Objections

February 19, 2016

22

Joint Pretrial Statement

February 9, 2016

23

Meet and Confer

January 29, 2016

24

Last day to Hear Dispositive Motions

December 17, 2015

25

Close of Expert Discovery

November 17, 2015

26

Rebuttal Expert Disclosure and Reports Provided

November 3, 2015

27

Non-Expert Discovery Cut-off

October 20, 2015

28
7

1

Expert Disclosure and Reports Provided

October 20, 2015

2
3

A further Case Management Conference is scheduled for May 19, 2015 at 1:30 p.m. The

4

parties shall file an updated Joint Case Management Conference Statement by no later than May

5

12, 2015.

6
7
8

IT IS SO ORDERED.
Dated: 02/23/2015

______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8

1

JUROR QUESTIONNAIRE

2

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

3

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

4

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

5

1.

Your name:
________________________________________________

6
7

2.

Your age: _____________

8

3.

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

9
4.

Your place of birth: ______________________________________

11
United States District Court
Northern District of California

10

5.

Do you rent or own your own home? _________________________

12

6.

Your marital status: (circle one)

13
14

single

7.

married

live with partner

separated

divorced

widowed

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

15

describe your main occupation when you were working).

16

_______________________________________________________________

17

_______________________________________________________________

18

8.

_______________________________________________________________

19
20

9.

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

21
22

Who is (or was) your employer?

10.

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

23

give their occupations.

24

_______________________________________________________________

25

_______________________________________________________________

26

_______________________________________________________________

27
28
9

1

11.

Please describe your educational background:

2

Highest grade completed: _________________________________

3

College and/or vocational schools you have attended:

4

_______________________________________________________________

5

_______________________________________________________________

6

_______________________________________________________________

7

Major areas of study:______________________________________________

8

12.

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

9

When? ____________________________________________________

11
United States District Court
Northern District of California

10

Was it a civil or criminal case? _________________________

12

Did the jury(ies) reach a verdict? _______________________

13

13.

Have you ever served on a grand jury? ________

14

If yes: State/County Court _______ Federal Court _______

15

When? ____________________________________________________

16

Was it a civil or criminal? _________________________

17

14.

Have you ever served in the military? ________

18

If yes: Country you served ________________

19

Branch _________________________________

20

Length of Service ________________________

21

Last Rank ______________________________

22

15.

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

23

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

24

you know, any of the persons listed?

25

Yes:_____ No:_____

26

If so, make a checkmark next to their name.

27
28
10