Dinnan et al v. City and County of Honolulu et al

Filing 210

FOURTH AMENDED RULE 16 SCHEDULING ORDER. Signed by JUDGE DERRICK K. WATSON on 11/17/2016. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
DAPHNE S. DINNAN, et al.,
Plaintiffs,
vs.
CITY AND COUNTY OF
HONOLULU, et al.,
Defendants.
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CV 14-00286 DKW-RLP
FOURTH AMENDED RULE 16
SCHEDULING ORDER

FOURTH AMENDED RULE 16 SCHEDULING ORDER
Based on the Court’s Order Granting in Part and Denying in Part Plaintiffs’
Motion to Continue Trial and Discovery Deadline, the Court enters
this amended scheduling conference order:
TRIAL AND PRETRIAL CONFERENCE SCHEDULING:
1.

JURY trial in this matter will commence before the Honorable Derrick K.

Watson, United States District Judge on June 19, 2017, at 9:00 AM.
2.

A final pretrial conference shall be held on May 8, 2017, at 9:00 AM before

the Honorable Richard L. Puglisi, United States Magistrate Judge.
3.

(RESERVED)

4.

Pursuant to LR 16.6, each party herein shall serve and file a separate final

pretrial statement by May 1, 2017.

MOTIONS:
5.

All motions to join additional parties or to amend the pleadings shall be filed

by [CLOSED].
6.

Other non-dispositive motions, except for motions in limine and discovery

motions, shall be filed by [CLOSED].
7.

Dispositive motions shall be filed by [CLOSED].

8.

Motions in limine shall be filed by May 26, 2017.

Any opposition memorandum to a motion in limine shall be filed by June 2, 2017.
DISCOVERY:
9.

Unless and until otherwise ordered by the Court, the parties shall follow the

discovery plan agreed to by the parties herein pursuant to Fed. R. Civ. P. 26(f).
10.

(RESERVED)

11.

Pursuant to Fed. R. Civ. P. 26(a)(2), each party shall disclose to each other

party the identity and written report of any person who may be used at trial to
present expert evidence under Rules 702, 703, or 705 of the Federal Rules of
Evidence. The disclosures pursuant to this paragraph shall be according to the
following schedule:
a.

All plaintiffs shall comply by [CLOSED].

b.

All defendants shall comply by [CLOSED].
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Disclosure of the identity and written report of any person who may be called
solely to contradict or rebut the evidence of a witness identified by another party
pursuant to subparagraphs a and b hereinabove shall occur within thirty (30) days
after the disclosure by the other party.
12.

Pursuant to Fed. R. Civ. P. 16(b)(3) and LR 16.2(a)(6), the discovery

deadline shall be February 3, 2017 [per Docket Entry 194]. Unless otherwise
permitted by the Court, all discovery pursuant to Federal Rules of Civil Procedure,
Rules 26 through 37 inclusive must be completed by the discovery deadline.
Unless otherwise permitted by the Court, all discovery motions and conferences
made or requested pursuant to Federal Rules of Civil Procedure, Rules 26 through
37 inclusive of LR 26.1, 26.2 37.1 shall be heard no later than thirty (30) days prior
to the discovery deadline.
SETTLEMENT:
13.

The parties shall be on call for a settlement conference before the Honorable

Richard L. Puglisi, United States Magistrate Judge.
14.

(RESERVED)

15.

(RESERVED)

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TRIAL SUBMISSIONS:
JURY ISSUES:
16.

The parties shall prepare in writing and submit to the Court any special voir

dire inquiries they wish the judge to ask the jury panel.
17.

The parties shall confer in advance of trial for the purpose of preparing an

agreed upon special verdict form, if a special verdict form is to be requested. The
agreed upon special verdict form shall be submitted to the Court. In the event of
disagreement, the parties shall submit all proposed special verdict forms to the
Court.
18.

The parties shall confer in advance of trial for the purpose of preparing an

agreed upon concise statement of the case that may be read by the trial judge to the
jury during voir dire. The agreed upon concise statement of the case shall be
submitted to the Court. In the event of disagreement, the parties shall submit all
proposed concise statements of the case to the Court.
19.

Jury instructions shall be prepared in accordance with LR 51.1 and

submitted to the Court.
20.

All submissions to the Court required by paragraphs 16, 17, 18 and 19 shall

be made by June 2, 2017.

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WITNESSES:
21.

By May 26, 2017, each party shall serve and file a final comprehensive

witness list indicating the identity of each witness that the party will call at trial
and describing concisely the substance of the testimony to be given and the
estimated time required for the testimony of the witness on direct examination.
22.

The parties shall make arrangements to schedule the attendance of witnesses

at trial so that the case can proceed with all due expedition and without any
unnecessary delay.
23.

The party presenting evidence at trial shall give notice to the other party the

day before of the names of the witnesses who will be called to testify the next day
and the order in which the witnesses will be called.
EXHIBITS:
24.

By May 22, 2017, the parties shall premark for identification all exhibits and

shall exchange or, when appropriate, make available for inspection all exhibits to
be offered, other than for impeachment or rebuttal, and all demonstrative aids to be
used at trial.
25.

The parties shall meet and confer regarding possible stipulations to the

authenticity and admissibility of proposed exhibits by May 26, 2017.
26.

The parties are not required to file a statement of objections to exhibits.
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27.

The original set of exhibits and two copies (all in binders) and a list of all

exhibits shall be submitted to the Court the Thursday before trial.
DEPOSITIONS:
28a. By May 26, 2017, the parties shall serve and file statements designating
excerpts from depositions (specifying the witness and page and line referred to) to
be used at trial other than for impeachment or rebuttal.
b.

Statements counter-designating other portions of depositions or any

objections to the use of depositions shall be served and filed by June 5, 2017.
TRIAL BRIEFS:
29.

By June 5, 2017, each party shall serve and file a trial brief on all significant

disputed issues of law, including foreseeable procedural and evidentiary issues,
setting forth briefly the party's position and the supporting arguments and
authorities.
30.

(RESERVED)

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OTHER MATTERS: None
IT IS SO ORDERED.
DATED: November 17, 2016 at Honolulu, Hawai’i.

DAPHNE S. DINNAN, et al. v. CITY AND COUNTY OF HONOLULU, et al.; CV 14-00286
DKW-RLP; Fourth Amended Rule 16 Scheduling Order
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