Rivera v. East Bay Municipal Utility District et al

Filing 103

AMENDED ORDER FOR PRETRIAL PREPARATION (Correction of date for Defendant(s) to designate experts). Signed by Judge Saundra Brown Armstrong on 5/25/16. (jjoS, COURT STAFF) (Filed on 5/25/2016)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 IVETTE RIVERA, Plaintiff, 8 AMENDED v. 9 10 EAST BAY MUNICIPAL UTILITY DISTRICT, 11 United States District Court Northern District of California Case No. 4:15-cv-00380-SBA ORDER FOR PRETRIAL PREPARATION Defendant. 12 13 Pursuant to Rule 16(e) of the Federal Rules of Civil Procedure ("FRCP"), IT IS HEREBY ORDERED AS FOLLOWS: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. PLEADINGS DEADLINE FOR JOINDER OF PARTIES/AMENDING THE The deadline for the joinder of other parties and to amend the pleadings is March 30, 2016. B. DISCOVERY CUT-OFF All discovery, except for expert discovery, shall be completed and all depositions taken on or before March 6, 2017. The parties are responsible for scheduling discovery so that motions to resolve discovery disputes can be heard before the above discovery cut-off. C. EXPERT DESIGNATION AND DISCOVERY Plaintiff shall designate any experts by February 13, 2017; defendant by February 13, 2017; rebuttal disclosure by February 27, 2017. Any expert not so named may be disallowed as a witness. No expert will be permitted to testify to any opinion, or basis or support for an opinion, that has not been disclosed in response to an appropriate question or interrogatory from the opposing party. Expert discovery shall be completed by April 3, 2017. 1 2 3 4 5 6 7 8 9 D. MOTION CUT-OFF All dispositive motions shall be heard on or before June 14, 2017, at 1:00 p.m. The parties must meet and confer prior to filing any motion. The movant shall certify to the Court in its moving papers that it has complied with this requirement. Should the parties fail to meet and confer, the Court may decline to entertain the motion. THE COURT DOES NOT RESERVE MOTION HEARING DATES. The parties are advised to check Judge Armstrong's calendar at www.cand.uscourts.gov/sba, under Scheduling Information to determine the next available hearing date, particularly in the case of a dispositive motion. The parties are advised not to wait until 35 days prior to the law and motion cut-off date to file and serve their motion. As the Court's law and motion calendar tends to fill quickly, there is no guarantee that a hearing date within the law and motion cut-off date will be available. You MUST submit a hard copy of all motion papers filed in E-FILED cases in order to be placed on calendar. 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 Page Limits: All noticed motions (other than motions for summary judgment) and any opposition thereto, shall not exceed fifteen (15) pages in length, exclusive of the table of contents, table of authorities, exhibits and declarations, if required. Reply briefs may not exceed ten (10) pages in length. Motions for summary judgment are subject to the page limits set forth in Civil Local Rule 7. Meet and Confer Requirement: All parties are required to meet and confer in good faith before filing any motion or any non-stipulated request with this court, and to certify that they have complied with this requirement. Failure to Oppose: The failure of the opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute a consent to the granting of the motion. Summary Judgment: Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court. Separate statements of undisputed facts will not be considered. Joint statements of undisputed facts are not required, but are helpful if agreed upon. 22 23 24 Hearing on Motions: Note that pursuant to Civil L.R. 7-1(b), the Court may, in its discretion, adjudicate motions without oral argument. E. MANDATORY SETTLEMENT CONFERENCES 25 26 All parties are ordered to participate in a mandatory settlement conference during the following time period: 6-19-17 to 6-30-17 27 28 2 1 2 3 4 5 6 F. PRETRIAL CONFERENCE All Counsel who will try the case shall appear for a pretrial conference on August 9, 2017 at 1:00 p.m. All Counsel shall be fully prepared to discuss all aspects of the trial. Failure to file the requisite pretrial documents in advance of the pretrial conference may result in vacation of the pretrial conference and/or the imposition of sanctions. ALL PARTIES WITH SETTLEMENT AUTHORITY ARE REQUIRED TO ATTEND THE PRETRIAL CONFERENCE. G. PRETRIAL PREPARATION DUE: July 3, 2017 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 Prior to the date pretrial preparation is due, Counsel shall meet and confer in good faith in advance of complying with the following pretrial requirements in order to clarify and narrow the issues for trial, arrive at stipulations of facts, simplify and shorten the presentation of proof at trial, and explore possible settlement. In addition, Counsel shall meet and confer regarding anticipated motions in limine, objections to evidence, jury instructions, and any other matter which may require resolution by the Court. The following items 1 through 8 below shall be filed and served by the above-referenced date. 1. Joint Pretrial Statement Counsel are required to file a pretrial conference statement containing the following information: (a) The Action 17 18 19 20 21 (i) Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided (ii) Relief Prayed. A detailed statement of all the relief claimed, particularly itemizing all elements of damages claimed as well as witnesses, documents or other evidentiary material to be presented concerning the amount of those damages. 22 (b) The Factual Basis of the Action 23 24 25 26 27 28 (i) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits. (ii) Disputed Factual Issues. A plain and concise statement of all disputed factual issues which remain to be decided. (iii) Agreed Statement. A statement assessing whether 3 1 2 3 all or part of the action may be presented upon an agreed statement of facts. (iv) Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes. (c) 4 5 6 7 8 9 10 United States District Court Northern District of California 11 Disputed Legal Issues (i) Points of Law. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. Unless otherwise ordered, parties should cite to briefs served and lodged setting forth briefly the nature of each party's contentions concerning each disputed point of law, including procedural and evidentiary issues. (ii) Proposed Conclusions of law. If the case is to be tried without jury, unless otherwise ordered, parties should briefly indicate objections to proposed conclusions of law lodged with this Court. 2. Trial Briefs 12 13 14 15 16 17 Each party shall serve and file a trial brief which shall briefly state their contentions, the relevant facts to be proven at trial, and the law on the issues material to the decision. 3. Findings of Fact In non-jury cases, each party shall serve and lodge with the Court proposed findings of fact and conclusions of law on all material issues. Findings shall be brief, clear, written in plain English and free of pejorative language, and argument. 18 19 20 21 4. Witnesses Each party shall serve and file with the Court a list of all persons who may be called as witnesses. The list shall include a summary of the substance of each witness' proposed testimony. 22 5. Designation of Discovery Excerpts 23 24 25 26 27 28 Each party expecting to use discovery excerpts as part of its case in chief shall serve and lodge with the Court a statement identifying (1) by witness and page and line, all deposition testimony and (2) by lodged excerpt, all interrogatory answers and request for admissions to be used as part of its direct case. Each interrogatory answer intended to be offered as an exhibit shall be copied separately and marked as an exhibit. The original of any deposition to be used at trial must be produced at the time of trial, as well as a copy for the Court. Counsel shall indicate any objections to the use of these materials and advise the Court that counsel has conferred respecting such objections. 4 1 6. Jury Instructions 2 3 4 5 6 7 8 9 The parties shall file a joint set of proposed jury instructions as to those instructions on which the parties have reached agreement. As to any disputed instructions, each party shall separately submit its "proposed" instruction(s) supported by a memorandum setting forth the authority for its use. Responses or objections to any "proposed" jury instruction shall be filed no later than the date of the pretrial conference. All instructions shall be written in plain English which is comprehensible to jurors, concise and free of argument, and shall be organized in a logical fashion so as to aid jury comprehension, and are also to be provided on a CD in a word format. The Court's practice is to utilize, whenever possible, instructions found in the Ninth Circuit Manual of Model Jury Instructions. 7. Jury Voir Dire and Verdict Forms 10 United States District Court Northern District of California 11 Each party shall submit proposed questions for jury voir dire and a proposed form of verdict. 12 13 14 15 16 17 18 19 20 21 8. Exhibits Each party shall provide every other party one set of all exhibits, charts, schedules, summaries and diagrams and other similar documentary materials to be used at the trial together with a complete list of all such exhibits. The Court requires one original version of exhibits (as described above) for the Clerk and two copies (one for the Bench and one for the witness stand). All such versions of the exhibits, including the originals, should be indexed into a binder for easy and quick reference by all parties. The first page of each binder should have a copy of the exhibit list (see attached) appropriately completed with each exhibit description and its designated number. Plaintiffs shall refer to their exhibits numerically and Defendants shall label theirs alphabetically. Exhibit labels are also attached for your convenience. Exhibits should be brought to Court on the first day of trial. 9. Motions in Limine and Objections to Evidence 22 23 24 25 26 27 28 Each party anticipating making motion(s) in limine and/or objection(s) to any testimony or exhibits expected to be offered shall file and serve a statement briefly identifying each item objected to and the grounds for the objection. The parties must meet and confer prior to filing any motion in limine and objection to evidence. The movant shall certify to the Court in its moving papers that it has complied with this requirement. NOTE: All motions in limine submitted by each party shall be set forth in a single memorandum, not to exceed ten (10) pages in length. Responses to the motions in limine shall be set forth in a single memorandum, not to exceed ten (10) pages in 5 1 2 3 len ngth. Reply briefs shal not excee six (6) pa y ll ed ages. No m motions in lim will b considere mine be ed unless the par rties certify that they met and conf m ferred prior to the filin of such m r ng motion. An ny quest to exc ceed the pag limit must be submi ge itted prior to the deadline for thes briefs and se d req mu be suppo ust orted by a showing of good cause along with a certifica s e, h ation that th applicant he t has met and conferred with the oppo s osing party. . 4 (a) Mot tions/Objections due: July 10, 2 : 2017 5 (b) Opp position du July 17, 2017 ue: 6 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 July 24, 2 2017 (c) Rep due: ply 7 H. TRI IAL DATE E Tria before the Honorable Saundra B al e e Brown Arm mstrong will begin on l Au ugust 28, 20 at 8:30 a.m., for an estimated 3 - 4 trial days, or as soon therea 017, 0 n d after as the Co may designate. Th parties ar advised t they mu be prepared to go t trial on a ourt he re that must to tra ailing basis. The trial will take pla at 1300 Clay Stree 2nd Floor, Courtroo 210, w ace et, om Oa akland, Cali ifornia, 946 (located inside the U.S. Bankr 612 d ruptcy Cour rthouse). T Court's The tria hours are from 8:30 a.m. to 2:0 p.m., with two fiftee al e 00 h en-minute b breaks, on M Monday, We ednesday, Thursday an Friday. On the first day of tria all partie are requi T nd O t al es ired to have e som meone in Court with full Settlem C f ment Author rity. I. TRA ANSCRIPT TS If transcripts will be reque w ested during or immed g diately after the trial, arr rangements must be ma with the Court Rep ade porter Coor rdinator (Te elephone N 510-637No. 3534) at least one week prior to the commence p ement of tria commenc al ces. 18 19 20 21 J. STA ATUS AND DISCOV D VERY CON NFERENCES Any party desir y ring to conf with the Court may upon noti to all fer e y, ice oth parties, arrange a conference through the courtroom deputy (Te her t m elephone No. 510-637354 42). Confe erences may be conduc telepho y cted onically, upon request (preferably in writing) y ). 22 K. SAN NCTIONS 23 24 25 26 27 Failure to comp with thi order may result in t impositi of ply is y the ion san nctions purs suant to FR 16(f). RCP IT IS SO ORDER S RED. Da ated: May 25, 2016 2 _____ _________ __________ __________ ______ SA AUNDRA BROWN A ARMSTRO ONG U United States District Ju s udge 28 6

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