GARCIA v. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, et al

Filing 34

CASE MANAGEMENT SCHEDULING ORDER. Signed by Judge Kandis A. Westmore on 8/17/2018. (kawlc3, COURT STAFF) (Filed on 8/17/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PEDRO GARCIA,

Case No. 4:17-cv-04441-KAW

Plaintiff,
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v.
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U.S DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, et al.,

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United States District Court
Northern District of California

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CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL

Defendants.

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1.

TRIAL DATE
a.

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Bench trial will begin on August 5, 2019 at 9:00 a.m. at the U.S. District Court,

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1301 Clay Street, Oakland, California. For courtroom number and floor information, please check

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the Court’s on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call

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Susan Imbriani (Judge Westmore’s Courtroom Deputy) at [phone].
b.

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The length of the trial will be not more than five days. The Court may shorten the

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allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side.

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Court hours for trial are normally 9:00 a.m. to 3:00 p.m., subject to the Court’s availability.

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2.

DISCOVERY AND EXPERT DISCLOSURES

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a.

All non-expert discovery shall be completed by February 8, 2019.

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b.

Experts shall be disclosed and reports provided by February 8, 2019.

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c.

Rebuttal experts shall be disclosed and reports provided by March 8, 2019.

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d.

All discovery from experts shall be completed by March 29, 2019.

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3.

PRETRIAL MOTIONS

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a.

The last day for hearing dispositive motions shall be May 2, 2019.

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b.

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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to Civ. L. R. 7-11, or by requesting a case management conference or informal

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telephone conference.
c.

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Separate statements of undisputed facts in support of or in opposition to motions

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for summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may

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file a truly joint statement of undisputed facts only if all parties agree that the facts

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are undisputed.
d.

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Objections to evidence may no longer be filed separately but must be contained
within the opposition or reply brief or memorandum. Civil L. R. 7-3.

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e.

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Each party filing or opposing a motion shall also serve and file a proposed order

United States District Court
Northern District of California

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which sets forth the relief or action sought and a short statement of the rationale of

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decision, including citation of authority that the party requests the court to adopt.
f.

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Chambers copies of each electronically-filed dispositive motion must include on

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

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

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

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requests for judicial notice must be tabbed.
g.

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In addition, counsel shall email copies of all motions for summary judgment in

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standard Word format (.doc or .docx, and not .pdf format) to

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[e-mail].

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4.

LAST DAY TO SEEK LEAVE TO AMEND PLEADINGS
The last day to seek leave to amend the pleadings is September 7, 2018, specifically,

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Plaintiff is allowed to amend the complaint by September 7, 2018.

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5.

ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
The parties have already participated in settlement discussions and completed mediation on

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June 29, 2018.

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6.

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PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on July 24, 2019 at 2:00 p.m. Lead counsel who
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will try the case (or the party if pro se) must attend. The timing of disclosures required by Federal

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Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by this order.

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b.

By June 21, 2019, thirty (30) days prior to the date of the pretrial conference, lead

counsel shall meet and confer regarding:

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(1)

Preparation and content of the joint pretrial conference statement;

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(2)

Preparation and exchange of pretrial materials to be served and lodged
pursuant to paragraph 5(c) below; and

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(3)

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United States District Court
Northern District of California

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c.

Settlement of the action.

By July 2, 2019, twenty (20) days prior to the pretrial conference, counsel and/or

parties shall:
(1)

Serve and file a joint pretrial statement that includes the pretrial disclosures

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required by Federal Rule of Civil Procedure 26(a)(3) as well as the

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following supplemental information:

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(a)

The Action.
(i)

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

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(ii)

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Relief Prayed. A detailed statement of all the relief claims,

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particularly itemizing all elements of damages claimed as

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well as witnesses, documents or other evidentiary material

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to be presented concerning the amount of those damages.

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(b)

The Factual Basis of the Action.
(i)

Undisputed Facts. A plain and concise statement of all

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relevant facts not reasonably disputable, as well as which

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facts parties will stipulate for incorporation into the trial

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record without the necessity of supporting testimony or

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exhibits.

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(ii)

Disputed Factual Issues. A plain and concise statement of all
disputed factual issues which remain to be decided.
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(iii)

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Agreed Statement. A statement assessing whether all or part

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of the action may be presented upon an agreed statement of

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facts.
(iv)

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proposed for pretrial or trial purposes.

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Stipulations. A statement of stipulations requested or

(c)

Disputed Legal Issues.

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Without extended legal argument, a concise statement of each

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disputed point of law concerning liability or relief, citing supporting

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statues and decisions.

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(d)

(i)

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United States District Court
Northern District of California

Trial Preparation.
Witnesses to Be Called. With regard to witnesses disclosed

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pursuant to Federal Civil Rule of Civil Procedure

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26(a)(3)(A), a brief statement describing the substance of the

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testimony to be given.
(ii)

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Estimate of Trial Time. An estimate of the number of hours

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needed for the presentation of each party’s case, indicating

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possible reductions in time through proposed stipulations,

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agreed statements of facts, or expedited means of presenting

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testimony and exhibits.
(iii)

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Use of Discovery Responses. Designate excerpts from

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discovery that the parties intend to present at trial, other than

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solely for impeachment or rebuttal, from depositions

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specifying the witness page and line references, from

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interrogatory answers, or from responses to requests for

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admission.

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(e)

Trial Alternatives and Options.
(i)

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

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(ii)

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Amendments, Dismissals. A statement of requested or

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proposed amendments to pleadings or dismissals of parties,

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claims or defenses.
(f)

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Miscellaneous.

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Any other subjects relevant to the trial of the action or material to its

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just, speedy and inexpensive determination.

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(2)

cause of action and defense remaining to be tried along with a statement of

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the applicable legal standard (no opposition shall be filed);

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United States District Court
Northern District of California

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(3)

Serve and file no more than ten motions in limine, which shall be filed in
one document not to exceed 25 pages;

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Serve and file trial briefs (not to exceed 25 pages), which shall specify each

(4)

Serve and file proposed voir dire questions, jury instructions, verdict forms

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and excerpts from discovery that will be offered at trial (include a copy of

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the deposition testimony or admission). The parties shall submit proposed

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jury instructions jointly. If there are any instructions on which the parties

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cannot agree, those instructions may be submitted separately. The parties

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shall submit a jointly prepared proposed form of verdict, or, if the parties

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cannot agree, their respective proposals;

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(5)

each expert witness;

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Serve and file an exhibit setting forth the qualifications and experience for

(6)

Serve and file a list of each party’s exhibits by number (plaintiff) or letter

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(defendant), including a brief statement describing the substance and

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purpose of each exhibit and the name of the sponsoring witness;

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(7)

Exchange exhibits which shall be premarked with an exhibit sticker tabbed

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

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

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shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3,
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etc.); and

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(8)

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Deliver three sets of all premarked exhibits to chambers, tabbed and in

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binders (exhibits are not to be filed). The exhibits shall be marked with the

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following tag (or similar):
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Case No. ___________________
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Trial Exhibit ___

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Date Admitted__________________
By:________________________
Susan Imbriani
Deputy Clerk

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United States District Court
Northern District of California

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No party shall be permitted to call any witness or offer any exhibit in its case in chief that

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is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the

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Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good

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cause. Furthermore, all parties are reminded of their disclosure duties under Federal Rule of Civil

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Procedure 26. Any document or witness that should have been disclosed under Rule 26 will not

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be introduced at trial.

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d.

By July 12, 2019, ten (10) days prior to the pretrial conference, after meeting and

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conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and

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file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any

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objections to witnesses, including the qualifications of an expert witness; (3) any objection to

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proposed voir dire questions, jury instructions and verdict forms that the parties have been unable

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in good faith to resolve; (4) any opposition to a motion in limine. No replies to motions in limine

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shall be filed, but responses to objections may be filed within five days. The parties shall not file

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separate objections, apart from those contained in the motions in limine, to the opposing party's

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witness list, exhibit list or discovery designations.

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e.

All motions shall be heard at the pretrial conference unless otherwise ordered.

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7.

In addition to electronic filing, Counsel shall email copies of all motions in limine and trial

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briefs in standard Word format (.doc or .docx, not .pdf format) to [e-mail].

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8.

SUMMARY OF DATES
Trial

August 5, 2019

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Pretrial Conference

July 24, 2019

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Objections; Oppositions to Motions in Limine

July 12, 2019

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Joint Pretrial Statement; Motions in Limine

July 2, 2019

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Meet and Confer

June 21, 2019

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Last Day to Hear Dispositive Motions

May 2, 2019

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Close of Expert Discovery

March 29, 2019

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United States District Court
Northern District of California

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Rebuttal Expert Disclosure and Reports Provided

March 8, 2019

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Expert Disclosure and Reports Provided

February 8, 2019

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Non-Expert Discovery Cut-off

February 8, 2019

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ADR Completion

N/A

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Amended Pleading Deadline

September 7, 2018

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(Deadline to Amend Complaint)

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A further Case Management Conference is scheduled for January 8, 2019 at 1:30 p.m.
IT IS SO ORDERED.
Dated: August 17, 2018

______________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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