Hoang v. Citibank, N.A.

Filing 52

PRETRIAL ORDER. Signed by Judge P. Casey Pitts on 5/9/2024. (nmc, COURT USER) (Filed on 5/9/2024)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 TUONG HOANG, 7 Plaintiff, 8 PRETRIAL ORDER v. 9 CITIBANK, N.A.,, 10 Defendant. 11 United States District Court Northern District of California Case No. 23-cv-03270-PCP 12 After defendant Citibank, N.A. moved to compel arbitration of the claims in this action, 13 14 the Court determined that there was a genuine dispute of material fact as to whether plaintiff 15 Tuong Hoang formed an agreement with Citibank to arbitrate those claims. The Court ordered that 16 the question be resolved via trial as required by the Federal Arbitration Act, 9 U.S.C. § 4. Trial is now set to begin on June 17, 2024, and a joint pretrial conference is set for June 5, 17 18 2024. This order sets out additional filing requirements in advance of these proceedings. All 19 submissions required by this order shall by the applicable deadline be filed on the public docket 20 and emailed, in editable Microsoft Word form, to pcppo@cand.uscourts.gov. 21 I. Due May 21, 2024: Joint Pretrial Conference Statement 22 The parties shall submit a joint statement of up to 10 pages. The statement shall: 23 • Facts: State all relevant undisputed facts to which the parties will stipulate for 24 incorporation into the trial record without supporting testimony or exhibits, as well as 25 all disputed facts that remain to be decided at trial. 26 • Legal issues: Briefly state each disputed point of law, including relevant citations. 27 • Motions: Indicate any anticipated motions, including motions in limine. 28 • Stipulations: Indicate any requested or proposed stipulations that will expedite the presentation of evidence. 1 • 2 further discussions are likely to be productive. 3 4 • Duration: Estimate the total number of hours or days needed for trial. 5 • Witnesses: List all witnesses likely to be called at trial by each side, describe the substance of the testimony to be given, and estimate how long the testimony will take. 6 • 7 United States District Court Northern District of California Settlement: Summarize the status of settlement negotiations and indicate whether Miscellaneous: Identify any other issues to be addressed at the conference. 8 The parties shall meet and confer in advance of the deadline to prepare this statement. 9 II. Due May 28, 2024: Additional Pretrial Filings 10 A. 11 The parties shall submit the following: 12 • Preliminary statement: A one-paragraph statement of the case to be read at voir dire. 13 • Proposed jury questions: A list of up to nine agreed upon questions to be asked in the online questionnaire that will be sent to prospective jurors before jury selection. 14 15 • • List of involved individuals: A list of all people involved in this case (including counsel, parties, and potential witnesses) to be shared during jury selection. 18 19 Proposed voir dire questions: A list of agreed upon questions to be posed by the Court after initial voir dire (counsel will also be allowed a brief follow-up voir dire). 16 17 Jury Materials • Proposed jury instructions: A joint set of proposed jury instructions. Proposed 20 instructions should follow the Ninth Circuit Model Jury Instructions to the extent 21 possible, and any deviations must be indicated. Undisputed instructions shall be 22 identified as “Stipulated Instruction No. [number] re: [subject].” Disputed instructions 23 shall be identified as “Disputed Instruction No. [number] re: [subject] offered by 24 [party],” with different proposals of the same instruction bearing the same number. For 25 any disputed instruction (or any instruction which a party believes should not be 26 given), each party may file a one-page statement supporting their position. 27 28 • Proposed verdict form: A single agreed upon proposed verdict form if possible, or separate proposed verdict forms if the parties cannot reach agreement. 2 United States District Court Northern District of California 1 B. Motions In Limine 2 Each party may submit up to three motions in limine, each addressing a single topic. 3 Motions shall be identified as “[Party’s] Motion in Limine No. [number] re: [topic].” Briefing is 4 limited to five pages per side, and reply briefs are not permitted. Motions shall be filed by May 28, 5 2024, and oppositions shall be filed by June 4, 2024. 6 C. 7 The parties shall prepare a single set of all trial exhibits that will be the official record and, Exhibits 8 if applicable, used on appeal. Exhibits shall be numbered (not lettered) sequentially, with each 9 exhibit identified as “Trial Exhibit No. [number].” Before submitting trial exhibits, the parties 10 shall meet and confer in person to consider exhibit numbers, eliminate duplicates, and minimize 11 confusion, and make a good faith effort to stipulate to admissibility. At minimum, absent a 12 legitimate objection, the parties shall make every effort to stipulate to authenticity and foundation. 13 The parties shall deliver to the Courtroom Deputy two original sets of exhibits. The 14 exhibits shall be placed in sequential order in a three-ring binder with a labeled divider separating 15 each exhibit. If multiple binders are necessary, the spine of each binder should be labeled to 16 indicate the exhibits included. Each exhibit shall be tagged as follows: 17 18 19 United States District Court Northern District of California Trial Exhibit No. 100 20 21 22 Case No. 23-cv-03270-PCP Date Entered: ___________ By: ___________________ Deputy Clerk 23 24 Exhibit tags should be placed in the bottom right corner of the front page of each exhibit if 25 possible, or otherwise in the bottom left corner of the back of the last page. If possible, tags should 26 be printed on yellow paper or another light color that stands out but still allows for photocopying. 27 The parties shall also deliver a USB drive containing every exhibit as a separate file. Files 28 should be named so that the exhibits are listed sequentially when the files are sorted by name. 3 Finally, the parties shall submit a tabular index of all exhibits, discovery responses, and 1 2 deposition excerpts to be offered at trial. The table shall including the following columns: 3 (a) exhibit number, (b) brief description, (c) purpose and sponsoring witness, (d) any objections, 4 (e) response to any objections. 5 III. 6 7 8 9 10 United States District Court Northern District of California 11 Trial Logistics Requests for a daily transcript or real-time reporting, if desired, must be arranged with the Courtroom Deputy, Nicole Coleman, before the date of the pretrial conference. Counsel must clearly announce the number of any exhibit used during proceedings. The parties should plan to present evidence using the available courtroom technology. The parties must provide agreed-upon transcripts of any audio or video exhibits used at trial by the day offered. Counsel should move exhibits into evidence as soon as foundation is laid. At the end of 12 each trial day, counsel shall consult with each other and the Courtroom Deputy about which 13 exhibits are in evidence and any limitations. Disagreements must be brought to the Court’s 14 attention. At the close of evidence and before closing arguments, counsel must confer with the 15 Courtroom Deputy to make sure the exhibits in evidence are in good order. Counsel must jointly 16 provide a revised index of all exhibits actually in evidence, stating (a) the exhibit number, and 17 (b) a brief neutral description of the contents. This index will be provided to assist the jury. 18 Two calendar days before calling any witnesses, counsel shall exchange in writing by 5:00 19 PM a list of witnesses to be called and any exhibits to be used during direct examination. By 5:00 20 PM on the day before those witnesses are called, opposing counsel shall provide any objections to 21 the listed exhibits and shall exchange a list of exhibits to be used with the listed witness(es) on 22 cross-examination (other than for impeachment). Counsel shall promptly notify the Court of any 23 objections. 24 25 26 IT IS SO ORDERED. Dated: May 9, 2024 27 P. Casey Pitts United States District Judge 28 4

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