Heldt v. Tata Consultancy Services, Ltd

Filing 431

PRETRIAL ORDER NO. 1 [This Order relates to the class action trial in this matter and not to the individual action of Brian Buchanan which has been bifurcated. Caption for this Jury Trial case is: Christopher Slaight, et al vs. Tata Consultancy Services Ltd.]. Signed by Judge Yvonne Gonzalez Rogers on 8/1/2018. (fs, COURT STAFF) (Filed on 8/1/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER SLAIGHT, ET. AL,

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Plaintiffs,

PRETRIAL ORDER NO. 1

vs.

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CASE NO. 15-cv-01696-YGR

TATA CONSULTANCY SERVICES, LTD,
Defendant.

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United States District Court
Northern District of California

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TO ALL PARTIES1 AND COUNSEL OF RECORD:

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The Court is in receipt of the parties proposed Scheduling Orders (Dkt. Nos. 422, 423) and
Orders as follows:
Date in
2018

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Event
(Exchanges shall occur by 5pm Pacific time unless
otherwise agreed by the parties.)

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Aug 31

Exchange of preliminary exhibit lists

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Sept. 5

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Sept. 7

Exchange of initial drafts of pretrial conference statement
Meet & confer for pretrial conference statement (Dkt. #312, Standing Order § 2)

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Sept. 14

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Sept. 14

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Sept. 14

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Sept. 18

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Sept. 18

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Sept. 21

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Exchange proposed motions in limine (Standing Order § 4)
Exchange proposed jury instructions (Standing Order § 3f)
Exchange list of discovery excerpts, audios and video (Standing Order § 6c)
Exchange of preliminary witness list
Exchange of exhibit and discovery excerpt objections
Meet and confer regarding motions in limine, jury instructions, exhibit
admissibility, discovery designations, and any other trial readiness binder issues
(Standing Order §§ 3, 4, 6)

The Order relates to the class action trial in the above-referenced matter, and not to the
individual action of Brian Buchanan which has been bifurcated. (Dkt. No. 412.) The caption has
been revised accordingly.

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Sept. 28

File Pretrial Conference Statement (Dkt. #312)

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Sept. 28

File motions in limine not otherwise resolved (Standing Order § 4)

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Oct. 3

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Oct. 5

File oppositions to motions in limine (Standing Order § 4)
Trial Filings (Stipulations, Witness List, Expert Witness List, Exhibit Lists
Annotated with Stipulations/Objections, List of Discovery Excerpts, Jury
Instructions, Preliminary Statement of the Case and Instructions, Proposed Jury
Voir Dire Questions, Proposed Verdict Forms) and Deliver Trial Readiness
Binders with ECF notations (Standing Order § 3(a)-(i))

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Oct. 12

Pretrial Conference (Dkt. #312)

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Nov. 2

Provide Court finalized set of exhibits (Standing Order § 6)

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Nov. 5

Jury Trial (Dkt. #312)

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United States District Court
Northern District of California

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With respect to standard pretrial motions, the Court hereby orders that: (a) witnesses shall

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be excluded until testimony is completed; (b) there shall be no reference to or evidence presented

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of settlement discussions, mediation, or insurance; and (c) there shall be no reference to or

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evidence presented of wealth or lack thereof of any party except in the punitive damage phase of
a case, to the extent it exists. A motion in limine refers “to any motion, whether made before or

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during trial, to exclude anticipated prejudicial evidence before the evidence is actually offered.”
Luce v. United States, 469 U.S. 38, 40, n. 2 (1984). Overly broad motions are routinely denied.
Attached hereto as Exhibit A is an outline of stipulations. To the extent agreed upon, the
parties shall file said document by the pretrial conference.
Opening Statements: Parties must meet and confer to exchange any visuals, graphics or
exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur no

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later than the close of business on the Wednesday before trial. Any objections not resolved must
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be filed in writing by the Thursday before trial. The parties shall be available by telephone on the

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Friday before trial to discuss the issues raised with the Court. The parties are reminded that the

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purpose of an Opening Statement is not to argue the facts but to provide the jurors with an outline

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of what each side expects the evidence will show.
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Expert Disclosures/Fed. R. Civ. P. 68 Offers: Counsel shall lodge with the Court at the

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pretrial conference, two copies of all expert disclosures, including any supplements, as well as all

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offers of judgment made under Fed. R. Civ. P. 68.

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Doe Defendants: All Doe Defendants will be deemed dismissed once the jury, or first
witness, is sworn, whichever occurs first.
Depositions to be Used at Trial: Any party intending to use a deposition transcript at

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trial for any purpose shall lodge the signed original (or a certified/stipulated copy if, for any
reason, the original is not available) for use by the Court and shall have extra copies available for
use by him/herself and the witness. All other parties are expected to have their own copies

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United States District Court
Northern District of California

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available. The parties shall each prepare and provide an index of the lodged transcripts and shall

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review the same with the courtroom deputy upon lodging the transcripts. Before each trial day,

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counsel shall confer with the courtroom deputy and identify which of the transcripts may be used

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that day.
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Video Depositions at Trial:

A video deposition may only be shown after the

designations, counter-designation and objections are resolved. A transcript shall be provided of

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the portions played to the jury. The court reporter shall be relieved of her duties to transcribe that

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portion of the trial. In lieu of the court reporter’s transcription, the parties shall file in the docket

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a copy of that portion of the transcript used during the trial on the day said testimony was

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provided. The filing shall be designated: “Plaintiff’s /Defendant’s Trial Related Transcript(s) for

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Video Deposition(s).” The filing shall include an index listing the name of the deponent-witness
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and the date used during trial.

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Witnesses at Trial: The party presenting evidence shall give the other party 24 hours

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written notice of the witnesses to be called unless otherwise agreed upon by the parties

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themselves.

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resources of the Court. All parties must have witnesses ready and available to testify. If the party
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The parties are admonished that use of trial time is critical given the limited

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presenting evidence does not have a witness ready to be called once a prior witness steps down,

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that party may be deemed to have rested its case. Witnesses may be taken out of order upon

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stipulation or with leave of Court provided that the circumstances giving rise to such an

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accommodation are promptly called to the attention of opposing counsel and the Court.

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Failure to Comply:

Failure to comply with the obligations set forth in this order will

result in sanctions appropriate to the gravity of the failure, including, but not limited to monetary

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fines and/or terminating sanctions.
IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: August 1, 2018
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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CASE NO.: 15-CV-1696 YGR
CHRISTOPHER SLAIGHT, ET. AL,

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PROCEDURAL STIPULATIONS
(EXHIBIT A TO PRETRIAL ORDER)

PLAINTIFFS,
VS.

TATA CONSULTANCY SERVICES, LTD,
DEFENDANTS

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United States District Court
Northern District of California

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PLEASE INITIAL AND SIGN as acceptable:

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It is stipulated that each of the jurors will be deemed present, upon reconvening after each

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adjournment or recess, unless the contrary is noted for the record.

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For the Plaintiff ______________

For the Defendant _____________

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It is stipulated that the Jury Instructions and the Exhibits may go into the Jury Room during

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deliberations.

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For the Plaintiff ______________

For the Defendant _____________

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It is stipulated that the parties need not be present when, during jury deliberations, the jurors are

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excused for lunch, return for lunch, and/or are discharged in the evening and resume in the

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morning.

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For the Plaintiff ______________

For the Defendant _______________

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It is stipulated that, during jury deliberations, the jury may recess without further admonition and

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without assembling in the jury box, and that they may resume their deliberations upon the Deputy

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Clerk’s determination that all jurors are present.

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For the Plaintiff ______________

For the Defendant _____________
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In the absence if the trial judge, any judge of this court may receive the verdict.
For the Plaintiff ______________

For the Defendant ________________

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(Party Name) ______________________

(Party Name) _________________________

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__________________________________

________________________________

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Signature (Plaintiff’s Attorney)

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Signature (Defense Attorney)

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United States District Court
Northern District of California

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