STMicroelectronics, Inc. v. Lopez

Filing 27

CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Phyllis J. Hamilton on 1/8/16. (jebS, COURT STAFF) (Filed on 1/8/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STMICROELECTRONICS, INC.,

Case No. 15-cv-03919-PJH

Plaintiff,
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v.

CASE MANAGEMENT
AND PRETRIAL ORDER

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MANUEL LOPEZ,
Defendant.

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Good cause appearing, the court hereby adopts the case management statement
of the parties except as modified by the following:

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United States District Court
Northern District of California

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PRETRIAL SCHEDULE
TRIAL DATE: June 5, 2017, at 8:30 a.m., Courtroom 3, 3rd Fl.
JURY [X]
COURT []

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TRIAL LENGTH: No more than 4 days.

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PRETRIAL CONFERENCE DATE: May 4, 2017, at 2:00 P.M..
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DISPOSITIVE MOTIONS (Only one summary judgment motion per party is permitted
without leave of court) TO BE HEARD BY: February 1, 2017.
NON-EXPERT DISCOVERY CUTOFF: August 31, 2017.

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DISCLOSURE OF EXPERTS (retained and non-retained): 9/30/16 REBUTTAL: 10/31/16
EXPERT DISCOVERY CUTOFF: November 30, 2016.
DISCOVERY LIMITATIONS:
Interrogatories: Requests for Documents:
Depositions: Requests for Admissions:

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DISCOVERY DISPUTES REFERRED TO MAGISTRATE JUDGE AFTER MOTION IS FILED.

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LAST DAY TO AMEND PLEADINGS: no later than 90 days before fact discovery cutoff
date a motion or a stipulation must be filed so sufficient time remains to conduct
discovery on added claims or parties. Do defendants must be identified by this
deadline or they will be dismissed.

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[X] REFERRED TO ADR FOR Early Neutral Evaluation to be completed within 90 days.
ADDITIONAL ORDERS:

PRETRIAL INSTRUCTIONS

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A. PRETRIAL MOTIONS
1. All dispositive motions are heard no later than 120 days before trial, unless
leave of court is obtained for another deadline.
2. 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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United States District Court
Northern District of California

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to Civ. L. R. 7-11, or by requesting a case management conference or informal
telephone conference.
3. Separate statements of undisputed facts in support of or in opposition to motions
for summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may
file a truly joint statement of undisputed facts only if all parties agree that the facts
are undisputed.

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4. Objections to evidence may no longer be filed separately but must be contained
within a brief or memorandum. Civil L. R. 7-3.
5. Each party filing or opposing a motion shall also serve and file a proposed order
which sets forth the relief or action sought and a short statement of the rationale of
decision, including citation of authority that the party requests the court to adopt.
6. Chambers copies of each electronically-filed document must include on each

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

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

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

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judicial notice must be tabbed.

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7. Footnotes in briefs appearing in smaller than the 12-point font required for the

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text, will be stricken, see Civil L. R. 3-4(c)(2), as will footnotes that are so

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numerous as to be clearly designed to defeat the page limits found at Civil L. R. 7-

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2 - 7-4.

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8. Motions pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579

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(1993), challenging the reliability of expert testimony, may be noticed for hearing
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on the date dispositive motions will be heard or on any available hearing date up

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to and including the date of the final pretrial conference. Irrespective of the

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hearing date, the briefs shall be filed in accordance with Civil L. R. 7-2 - 7-5, that

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is, on a 35-day briefing schedule.

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9. Motions in limine are limited to motions to exclude specific items of evidence on
a ground and upon such authority as would be sufficient to sustain an objection to
such evidence at trial. The court will not generally consider a motion presenting a
purely legal issue in the guise of a motion in limine.
10. Discovery motions will be referred to a Magistrate Judge for resolution. The words
"Discovery Matter" shall appear in the caption of all documents relating to
discovery to insure proper routing.

United States District Court
Northern District of California

11. Confidential and/or sealed documents shall be handled in accordance with this
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court's standing order and Civil L.R. 79-5, both of which the parties shall consult
before moving for a protective order or requesting a sealing order. Requests to
seal documents used in conjunction with dispositive motions are rarely granted
and then only upon a showing of the most compelling of reasons.
B. FINAL PRETRIAL CONFERENCE

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1. Each party shall attend personally or by counsel who will try the case.

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2. Not less than 35 days prior to the pretrial conference, all counsel and/or parties

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shall meet and confer regarding preparation of the joint pretrial statement.

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3. Not less than 28 days prior to the pretrial conference, counsel and/or parties

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shall:

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a. Serve and file a joint pretrial statement. (Separately filed statements will not be

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accepted by the court and monetary sanctions will be imposed upon the party

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failing to cooperate in the preparation of a joint statement).

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The pretrial statement shall include the following:

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i.

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

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ii.

damages claimed.

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A detailed statement of all relief sought, itemizing all elements of

iii.

A statement of all relevant undisputed facts to which the parties will

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stipulate for incorporation into the trial record without the necessity of

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supporting testimony or exhibits.

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iv.

A statement of all relevant disputed facts which remain to be decided.

v.

A statement of stipulations requested or proposed.

vi.

A brief statement of disputed points of law concerning liability and relief.
Legal argument on these points shall be reserved for the trial briefs.

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vii.

feasible and desired.

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United States District Court
Northern District of California

viii.
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A statement of whether bifurcation or a separate trial of specific issues is

A statement summarizing the status of settlement negotiations and
indicating whether further negotiations are likely to be productive.

b. Serve and file trial briefs (not to exceed 25 pages), which shall specify each
cause of action and defense remaining to be tried along with a statement of the
applicable legal standard (no opposition shall be filed);
c. Serve and file no more than ten motions in limine, which shall be filed in one
document not to exceed 25 pages;
d. Serve and file a list of deposition excerpts for witnesses who will not testify in

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person, (specifying the witness, page and line references) and other discovery

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responses that will be offered at trial;

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e. Serve and file a list of all witnesses to be called at trial, in person or by

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deposition, other than solely for impeachment or rebuttal, with a brief statement

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describing the substance of the testimony to be given;

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f. Serve and file a numerical list of exhibits that will be offered as evidence in a

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party's case in chief in support of a claim or defense, with a brief statement

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describing the substance and purpose of each exhibit and the name of the

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sponsoring witness;

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g. Exchange exhibits which shall be premarked with an exhibit sticker (example

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

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

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Additional parties shall also use a letter preceding numbers (B-1, B-2, B-3, or

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C-1, C-2, C-3, etc.).

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h. Submit two sets for jury trials and three sets for court trials of all premarked
exhibits to the Clerk's Office (exhibits are not filed);

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i. Serve and file any request regarding the treatment of confidential or sealed
documents.

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j. Serve and file proposed joint voir dire questions and joint jury instructions for
cases to be tried by jury;

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United States District Court
Northern District of California

k. Serve and file proposed findings of fact and conclusions of law for cases or
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claims to be tried by the court.
l.

Serve and file a proposed verdict form which contains no reference to
submitting party.

4. No party shall be permitted to call any witness or offer any exhibit in its case in
chief that is not disclosed in these pretrial filings without leave of court and for
good cause.
5. Not less than 14 days prior to the pretrial conference, counsel and/or parties shall

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serve and file any opposition to a motion in limine and any counter deposition

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designations. No replies shall be filed. All motions shall be heard at the pretrial

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conference unless otherwise ordered. The parties shall not file separate

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objections, apart from those contained in the motions in limine, to the opposing

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party's witness list, exhibit list or discovery designations. notwithstanding Civil

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Local Rule 5-1(e)(7), a courtesy copy of any opposition brief must be

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delivered to the Clerk's Office no later than noon the day following the filing.

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C. JURY TRIAL
Jury Selection shall proceed as follows: The Jury Commissioner will summon 20
to 25 prospective jurors. The Courtroom Deputy will select their names at random and
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seat them in the courtroom in the order in which their names are called. Voir dire will be

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conducted of sufficient venire members so that six to eight will remain after all

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peremptory challenges and an anticipated number of hardship dismissals and cause

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challenges have been made.

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The court will then take cause challenges and discuss hardship claims at side bar.

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The court will inform counsel which hardship claims and cause challenges will be

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granted, but will not announce those dismissals until the selection process is completed.

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Peremptory challenges will be made in writing. The court will strike at one time those

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with meritorious hardship claims, those excused for cause, and those challenged
peremptorily, and then seat the first six to eight people remaining in numerical order.

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United States District Court
Northern District of California

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The attached voir dire questionnaire shall be given to the venire members and

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copies of the responses will be made available to counsel at the beginning of voir dire.

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Counsel shall submit a joint set of additional voir dire questions to be posed by the court.

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Any voir dire questions on which counsel cannot agree may be submitted separately.

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Counsel will be permitted brief follow-up voir dire after the court's questioning.

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

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Instructions Civil (2007 Edition) shall be given absent objection: 1.0 - 1.4, 1.6 - 1.14, 1.18

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- 1.19, 3.1 - 3.4. Counsel shall submit a joint set of these instructions along with case

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specific instructions using the Ninth Circuit Manual where appropriate. Any instructions

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on which counsel cannot agree may be submitted separately. Each instruction shall be

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typed in full on a separate page with citations to the authority upon which it is based and

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a reference to the party submitting it. A second blind copy of each instruction shall also

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be submitted omitting the citation to authority and the reference to the submitting party,

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but retaining the title of the instruction.

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D. TRIAL SCHEDULE
The court's trial schedule is 8:30 a.m. to 1:30 p.m. with two fifteen-minute breaks,

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on Monday, Tuesday, Thursday and Friday.
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E. PROCEDURE FOR AMENDING THIS ORDER
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No pro
ovision of th order ma be chang except by written order of this court
his
ay
ged
t

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upon its own motion or upon motion of one or more partie made pu
u
n
es
ursuant to C
Civil. L. R.

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howing of good cause. Parties m file a fo
g
may
ormal brief, but a letter brief will
r
7-1 with a sh

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suf
ffice. The requesting party shall serve the o
r
opposing pa on the same day t motion
arty
the

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is filed and the opposing party shall submit a r
f
g
response as soon as p
s
possible but no later

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tha four days after serv
an
s
vice.

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If the modification sought is an extensio of a deadline conta
m
n
a
on
ained herein the
n,

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mo
otion must be brought before exp
b
piration of th deadline The par
hat
e.
rties may n modify
not

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the pretrial schedule by stipulatio A conf
e
s
on.
flict with a c
court date s after the date of
set
e
this order doe not constitute good cause. The parties ar advised t
s
es
e
re
that if they stipulate to
o

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United States District Court
Northern District of California

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a change in th discover schedule they do s at their own risk. Th only disc
c
he
ry
e,
so
he
covery

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sch
hedule that the court will enforce is the one set in this o
t
w
order.

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IT IS SO ORDER
S
RED.
Da
ated: January 8, 2016
__
__________
__________
__________
_______
PH
HYLLIS J. H
HAMILTON
Un
nited States District Ju
s
udge

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CONFIDENTIAL
JUROR QUESTIONNAIRE

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Please fill out this form as completely as possible and print clearly. This will assist the
judge and the lawyers in selecting a jury and will save time for them and for you.

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Because copies will be made for the attorneys and the judge, do not write on the back of

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any page. If you need more room, continue at the bottom of the page. Thank you for

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your cooperation.

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United States District Court
Northern District of California

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1. Your name:
2. Your age:
3. City in which you
reside:
4. If you have lived there for fewer than five years, where did you live before:

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5. Your place of birth:
6. Your marital status:
[ ] Single

[ ] Married

[ ] Separated

[ ] Divorced

[ ] Widowed

7. What is your occupation and how long have you worked in it?
(If you are retired, please describe your main occupation when you were working).

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8. Who is (or was) your
employer?
9. If you have held this job for fewer than five years, describe your previous job:

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10. If you are married, please list your spouse's occupation.

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11. If you have children, please list their ages and genders and, if they are employed,
please give their occupations.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
Case #:
Plntf Exhibit
No
Date
Admitted:

Case #:
Plntf Exhibit
No
Date
Admitted:

By:

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
Case #:
Plntf Exhibit
No
Date
Admitted:

United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
Case #:
Plntf Exhibit
No
Date
Admitted:

By:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Case #:
Deft Exhibit
No
Date
Admitted:

By:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Case #:
Deft Exhibit
No
Date
Admitted:

By:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Nichole Peric, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
Case #:
Deft Exhibit
No
Date
Admitted:

By:
Nichole Peric, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Nichole Peric, Deputy Clerk

Case #:
Deft Exhibit
No
Date
Admitted:

By:

Nichole Peric, Deputy Clerk

Case #:
Deft Exhibit
No
Date
Admitted:

By:
Nichole Peric, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Nichole Peric, Deputy Clerk

Case #:
Deft Exhibit
No
Date
Admitted:

By:

Nichole Peric, Deputy Clerk

Case #:
Plntf Exhibit
No
Date
Admitted:

By:
Nichole Peric, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Nichole Peric, Deputy Clerk

Case #:
Plntf Exhibit
No
Date
Admitted:

By:

Nichole Peric, Deputy Clerk

Case #:
Plntf Exhibit
No
Date
Admitted:

By:
Nichole Peric, Deputy Clerk

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By:
Nichole Peric, Deputy Clerk

Case #:
Plntf Exhibit
No
Date
Admitted:

By:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
Case #:
Plntf Exhibit
No
Date
Admitted:

By:
Nichole Peric, Deputy Clerk

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

By:
Nichole Peric, Deputy Clerk

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Nichole Peric, Deputy Clerk