Pedersen v. Bankers Life and Casualty Company et al

Filing 99

PRETRIAL ORDER NO. 2 RE: SECOND PRETRIAL CONFERENCE. Signed by Judge Yvonne Gonzalez Rogers on 10/6/16. (fs, COURT STAFF) (Filed on 10/6/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIELA PEDERSEN,

CASE NO. 15-CV-1472 YGR

PLAINTIFF,
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V.

PRETRIAL ORDER NO. 2 RE: SECOND
PRETRIAL CONFERENCE

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CNO SERVICES, LLC DBA BANKERS LIFE
AND CASUALTY COMPANY, BANKERS LIFE
AND CASUALTY COMPANY, SAM DOE AND
DOES 1-20,

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DEFENDANT.

United States District Court
Northern District of California

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ALSO RE: DKT. NOS. 89 AND 91

Having considered the filings to date and the arguments and other submissions at the

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Second Pretrial Conference, held on October 5, 2016, and for good cause shown, the Court enters

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the following orders:

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1. Renumbering of Claims: Plaintiff’s Claims are hereby renumbered as follows:
a. Claim 1 (originally Claim No. 1) – Sex/Pregnancy Discrimination in Violation
of Cal. Gov. Code § 12940(a)
b. Claim 2 (originally Claim No. 4) – Disability Discrimination in Violation of Cal.
Gov. Code § 12900 et. seq.
c. Claim 3 (originally Claim No. 5) – Failure to Accommodate a Disability in
Violation of Cal. Gov. Code § 12940(a)
d. Claim 4 (originally Claim No. 6) – Failure to Engage in the Interactive Process
in Violation of Cal. Gov. Code § 12940(a)
e. Claim 5 (originally Claim No. 7) – Failure to Prevent Discrimination in
Violation of Cal. Gov. Code § 12940 et seq.
f. Claim 6 (originally Claim No. 14) – Wrongful Termination in Violation of
Public Policy and Government Code §§ 12940 et seq.

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g. Claim 7 (originally Claim No. 9) – Failure to Pay Wages in a Timely Manner
(Labor Code §§ 200-204 et. seq. and 206 et. seq.)
h. Claim 8 (originally Claim No. 11) – Failure to Reimburse Expenses (Labor
Code § 2802)
2. Meet and Confer on Stipulations: The parties are ordered to meet and confer on the

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manner in which factual stipulations shall be presented to the jury, as well as the same for

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interrogatories and requests for admission. The parties are to provide a joint statement on

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these issues to the Court by no later than Monday, October 10, at noon.
3. Revisions to Jury Instructions: The parties are ordered to meet and confer on revising the

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jury instructions in conformance with the Court’s instructions at the October 5 hearing.

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United States District Court
Northern District of California

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The revised instructions are to be filed with the Court by Monday, October 10, at 10 a.m.

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4. Rulings on Jury Instructions:
a. The following jury instructions are denied: Nos. 32, 34, 35, 36, 37, 38, 39, 40, and
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b. The following jury instruction is withdrawn: No. 59.
5. Further Briefing on Jury Instructions: With respect to Jury Instruction No. 53

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(Wrongful Discharge in Violation of Public Policy), the parties are ordered to provide

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briefing on the legal basis for and against including the following: “To establish this claim

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[for wrongful discharge in violation of public policy], Ms. Pedersen must prove all of the

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following: . . . That Ms. Pedersen’s attempts to enforce her right to reimbursement, right to

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payment of her wages, right to be free from discrimination, or right to protected leave

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under state and federal law were a substantial motivating reason for Ms. Pedersen’s

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discharge.” The parties shall file their briefs by Monday, October 10, at noon. Each

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brief shall not exceed five (5) pages.

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6. Electronic Equipment Use at Trial

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a. The Court authorizes defendant to bring into the courtroom and utilize the

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following equipment for trial: a T60 presentation laptop, three Lenovo laptop(s), a

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keyboard and mouse, power strip(s), extension cord(s) and miscellaneous cables.
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Docket No. 89 is GRANTED.

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b. The Court authorizes plaintiff to bring into the courtroom and utilize the following

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equipment for trial: four (4) laptops; four (4) cell phones; all cables, adaptors,

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extension cords, VGA switch, power strips, and tape necessary. Docket No. 91 is

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GRANTED.

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7. Recess: Court is in recess until Tuesday, October 11, at 8:00 a.m.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: October 6, 2016
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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