Low v. Trump University, LLC et al

Filing 442

ORDER #441 Rescheduling Pretrial Proceedings. The proposed final pretrial conference order shall be prepared, served and submitted via e-mail in Word or Word Perfect format on or before April 29, 2016. The final pretrial conference shall be held on May 6, 2016, at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 2/8/16. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TARLA MAKAEFF, et al., on Behalf
of Herself and All Others Similarly
Situated,

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Plaintiffs,

Case No. 10cv0940 GPC (WVG)
ORDER RESCHEDULING
PRETRIAL PROCEEDINGS

v.
TRUMP UNIVERSITY, LLC, (aka
Trump Entrepreneur Initiative) a New
York Limited Liability Company,
DONALD J. TRUMP, and DOES 1
through 50, inclusive,
Defendants.

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On December 4, 2015, the Court held a status hearing on the case. Based on the

20 status hearing, the Court sets the following pretrial dates:
(1) All parties or their counsel shall fully comply with the Pretrial Disclosure
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22 requirements of Fed. R. Civ. P. 26(a)(3) on or before February 19, 2016. Failure to
23 comply with these disclosures requirements could result in evidence preclusion or other
24 sanctions under Fed. R. Civ. P. 37.
(2) Counsel shall meet together and take the action required by Civil Local
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26 Rule 16.1(f)(4) on or before April 1, 2016. At this meeting, counsel shall discuss and
27 attempt to enter into stipulations and agreements resulting in simplification of the
28 triable issues. Counsel shall exchange copies and/or display all exhibits other than
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10cv0940 GPC (WVG)

1 those to be used for impeachment. The exhibits shall be prepared in accordance with
2 Civil Local Rule 16.1(f)(4)(c). Counsel shall note any objections they have to any other
3 parties’ Pretrial Disclosures under Fed. R. Civ. P. 26(a)(3). Counsel shall cooperate in
4 the preparation of the proposed pretrial conference order. The proposed pretrial order
5 shall conform to the requirements of Civil Local Rule 16.1(f)(4), including but not
6 limited to:
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a. A statement to be read to the jury, not in excess of one page, of the nature of

8 the case and the claims and defenses.
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b. A list of the causes of action to be tried, referenced to the Complaint. For each

10 cause of action, the order shall succinctly list the elements of the claim, damages and
11 any defenses. A cause of action in the Complaint which is not listed shall be dismissed
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c(1). A list of each witness that counsel actually expects to call at trial with a

14 brief statement, not exceeding four sentences, of the substance of the witnesses’
15 testimony.
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c(2). A list of each expert witness that counsel actually expects to call at trial

17 with a brief statement, not exceeding four sentences, of the substance of the expert
18 witnesses’ testimony.
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c(3). A list of additional witnesses including experts that counsel do not expect

20 to call at this time but reserve the right to call at trial along with a brief statement, not
21 exceeding four sentences, of the substance of the witnesses’ testimony.
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d(1). A list of all exhibits that counsel actually expect to offer at trial with a

23 one-sentence description of the exhibit.
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d(2). A list of all other exhibits that counsel do not expect to offer at this time

25 but reserve the right to offer if necessary at trial with a one-sentence description of the
26 exhibit.
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e. Proposed jury questionnaires.

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f. Proposed special jury verdict forms.
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10cv0940 GPC (WVG)

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(3)

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Counsel shall meet and confer to discuss the conduct of the bifurcated
proceedings on or before April 1, 2016.

(4)

The proposed final pretrial conference order, including objections they

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have to any other parties’ Fed. R. Civ. P. 26(a)(3) Pretrial Disclosures,

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shall be prepared, served and submitted via e-mail in Word or Word

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Perfect format to [e-mail] on or before April 29,

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2016, and shall be in the form prescribed above and in compliance with

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Civil Local Rule 16.1(f)(6). The proposed pretrial order shall also include

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the position of the parties as to the determination of damages in the event

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that the factfinder finds Defendants liable for damages.
(5)

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The final pretrial conference shall be held on May 6, 2016, at 1:30 p.m.
in Courtroom 2D.

The Court further orders the parties to comply with the following jointly
proposed deadlines:
1. Counsel shall exchange Fed. R. Civ. P. 26(a)(3)(B) objections, as well as
supplemental exhibit lists and counter deposition designations on or before March 11,
2016; and
2. Counsel shall exchange Fed. R. Civ. P. 26(a)(3)(B) objections to supplemental
exhibit lists and counter deposition designations on or before March 18, 2016.
IT IS SO ORDERED.

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DATED: February 8, 2016

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HON. GONZALO P. CURIEL

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United States District Judge

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