Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Lynn LeFevre et al

Filing 23

CASE MANAGEMENT AND PRETRIAL ORDER for Court Trial by Magistrate Judge Donna M. Ryu. (shyS, COURT STAFF) (Filed on 6/30/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., Case No. 16-cv-01094-DMR CASE MANAGEMENT AND PRETRIAL ORDER FOR COURT TRIAL 9 Plaintiffs, 10 v. United States District Court Northern District of California 11 12 LYNN LEFEVRE, et al., Defendants. 13 14 1. TRIAL DATE 15 a. Court trial shall begin on March 1, 2017 at 9:00 a.m. at the U.S. District Court, 16 1301 Clay Street, Oakland, California. For courtroom number and floor information, please 17 check the Court’s on-line calendar at www.cand.uscourts.gov one week prior to trial, or call Ivy 18 Garcia (Judge Ryu’s Courtroom Deputy) at (510) 637-3639. 19 b. The length of the trial will be not more than 3 days. The Court may shorten the 20 allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side. 21 Court hours for trial normally are 9:00 a.m. to 3:00 p.m., subject to the Court’s availability. 22 2. DISCOVERY AND EXPERT DISCLOSURES 23 a. All non-expert discovery shall be completed by October 21, 2016. b. Experts shall be disclosed and reports provided by October 21, 2016. c. Rebuttal experts shall be disclosed and reports provided by November 4, 2016. d. All discovery from experts shall be completed by November 18, 2016. 24 25 26 27 28 1 3. MOTIONS The last day for hearing dispositive motions shall be December 8, 2016. 2 3 4 4. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE The parties are ordered to participate in mediation through the Northern District ADR 5 6 program, which shall be completed within 90 days. 7 5. 8 9 10 PRETRIAL CONFERENCE a. A pretrial conference shall be held on February 15, 2017 at 3:00 p.m. Lead counsel who will try the case (or the party if pro se) must attend. b. By January 16, 2017, lead counsel shall meet and confer regarding: United States District Court Northern District of California 11 (1) Preparation and content of the joint pretrial conference statement; 12 (2) Preparation and exchange of pretrial materials to be served and lodged pursuant to paragraph 5(c) below; and 13 (3) 14 15 16 c. Settlement of the action. By January 26, 2017, counsel and/or parties shall: (1) Serve and file a joint pretrial statement that includes the pretrial disclosures 17 required by Federal Rule of Civil Procedure 26(a)(3) as well as the 18 following supplemental information: 19 (a) The Action. (i) 20 Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided. 21 (ii) 22 Relief Prayed. A detailed statement of all the relief claimed, 23 particularly itemizing all elements of damages claimed 24 as well as witnesses, documents or other evidentiary 25 material to be presented concerning the amount of 26 those damages. 27 28 (b) The Factual Basis of the Action. (i) Undisputed Facts. A plain and concise statement of all 2 1 relevant facts not reasonably disputable, as well as 2 which facts parties will stipulate for incorporation into 3 the trial record without the necessity of supporting 4 testimony or exhibits. (ii) 5 Disputed Factual Issues. A plain and concise statement of all disputed factual issues which remain to be decided. 6 (iii) 7 Agreed Statement. A statement assessing whether all or part 8 of the action may be presented upon an agreed 9 statement of facts. (iv) 10 proposed for pretrial or trial purposes. United States District Court Northern District of California 11 12 Stipulations. A statement of stipulations requested or (c) Disputed Legal Issues. 13 Without extended legal argument, a concise statement of each 14 disputed point of law concerning liability or relief, citing 15 supporting statues and decisions, any and procedural or 16 evidentiary issues. 17 18 (d) Trial Preparation. (i) Witnesses to Be Called. With regard to witnesses disclosed 19 pursuant to Federal Civil Rule of Civil Procedure 20 26(a)(3)(A), a brief statement describing the substance 21 of the testimony to be given. 22 (ii) Estimate of Trial Time. An estimate of the number of hours 23 needed for the presentation of each party's case, 24 indicating possible reductions in time through proposed 25 stipulations, agreed statements of facts, or expedited 26 means of presenting testimony and exhibits. 27 28 (iii) Use of Discovery Responses. Designate excerpts from discovery that the parties intend to present at trial, 3 1 other than solely for impeachment or rebuttal, from 2 depositions specifying the witness page and line 3 references, from interrogatory answers, or from 4 responses to requests for admission. (e) 5 Trial Alternatives and Options. (i) 6 Settlement Discussion. A statement summarizing the status 7 of settlement negotiations and indicating whether 8 further negotiations are likely to be productive. (ii) 9 Amendments, Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of 11 United States District Court Northern District of California 10 parties, claims or defenses. (iii) 12 Bifurcation, Separate Trial of Issues. A statement of whether 13 bifurcation or a separate trial of specific issues is 14 feasible and desired. (f) 15 Miscellaneous. 16 Any other subjects relevant to the trial of the action or material 17 to its just, speedy and inexpensive determination. 18 (2) Serve and file trial briefs, motions in limine (including any motion 19 regarding the qualifications or testimony of any expert witness) and 20 joint proposed findings of fact and conclusions of law. The findings 21 of fact shall set forth in simple, declarative sentences, separately 22 numbered, all factual contentions relied upon by the party in support 23 of its claims for relief and shall be free of pejorative language and 24 argument. Counsel shall submit separately their disputed findings of 25 fact and conclusions of law. Counsel shall email a copy of their 26 proposed findings of fact and conclusions of law in a standard word 27 processing format (and not .pdf format) to dmrpo@cand.uscourts.gov. 28 (3) Serve and file an exhibit setting forth the qualifications and experience for 4 each expert witness; 1 (4) 2 Serve and file a list of each party's exhibits by number (plaintiff) or letter 3 (defendant), including a brief statement describing the substance and 4 purpose of each exhibit and the name of the sponsoring witness; (5) 5 defendant shall use letters) and tabbed; and 6 (6) 7 No party shall be permitted to call any witness or offer any exhibit in its case in chief that 9 is not disclosed in its pretrial statement without leave of the Court and for good cause. d. 11 United States District Court Northern District of California Deliver two sets of all prepared exhibits to chambers (exhibits are not to be filed). 8 10 Exchange exhibits which shall be premarked (plaintiff shall use numbers; By February 3, 2017, after meeting and conferring in a good faith attempt to 12 resolve and objections, counsel and/or parties shall serve and file: (1) any objections to exhibits or 13 to use of deposition excerpts or other discovery; (2) any objections to witnesses, including the 14 qualifications of an expert; (3) any opposition to a motion in limine. e. 15 All motions in limine and objections shall be heard at the pretrial conference. 16 6. All documents filed with the Clerk of the Court shall list the civil case number followed 17 only by the initials "DMR." One copy must be clearly marked as a chambers copy. Chambers' 18 copies shall be three-hole punched at the left side, suitable for insertion into standard binders. 19 20 21 22 23 IT IS SO ORDERED. Dated: June 30, 2016 ______________________________________ DONNA M. RYU United States Magistrate Judge 24 25 26 27 28 5

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