Aidini v. Costco Wholesale Corporation
Filing
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ORDER. IT IS ORDERED that the parties' 33 Joint Pretrial Order is Rejected. The parties shall personally confer as required in Local Rule 16-3, and submit a Joint Pretrial Order that complies with Local Rule 16-4 within 21 days of entry of this Order. Signed by Judge Andrew P. Gordon on 08/16/2016. (Copies have been distributed pursuant to the NEF - NEV)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Case No. 2: 15-cv-0505-APG-GWF
ARTANO AIDINI, individually,
P laintiff,
V.
Order Rej ecting Joint Pretrial Order
(ECF No. 33)
COSTCO WHOLESALE CORPORATION,
a fo reign corporation; DOES I through V,
inclusive; and ROE CORPORATIONS I
through V, inclusive,
Defendants.
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The parties' proposed Joint Pretrial Order (ECF No. 33) does not comply with Local Rule
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16-4. For example. in section VII(c), the parties offer generic objections to all of each other's
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exhibits, without specifying which objections apply to which exhibits. The Local Rule requires
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the parties to specify their objections.
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Further, both parties designate entire deposition transcripts, including transcripts for
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witnesses that will testify at trial. Neither party explains why depositions would be used for
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witnesses who testify at trial, and neither party provides specific page and line designations.
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Broad designations of deposition transcripts make it impossible for the other party to object.
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The parties do not state whether they intend to present electronic evidence for purposes of
jury deliberations. LR 16-3(b)(9), LR 16-4(VI)(d).
With regard to witnesses, both parties list '·person most knowledgeable" for several
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entities without designating what top ics the witness is knowledgeable about. Thus, the other
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party cannot adequately prepare for cross-examinations of those witnesses. Also, the defendant
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improperly .. reserves the right to call any witnesses and expert identified by any party to this
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action [and] further reserves the right to amend/supplement this forego ing list of witnesses."
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Par1ies are required to disclose all of their trial witnesses and cannot ''reserve their rights" to call
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'·all witnesses and exper1s." Neither can parties "reserve the right to supplement."
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The proposed Order is replete with additional inadequacies; I will not catalog those for the
parties.
Local Rule 16-3 requires the parties to personally discuss these and other issues. The
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requirements set forth in Local Rules 16-3 and 16-4 are designed to streamline the trial
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preparation and presentation, and to foster settlement. The proposed Joint Pretrial Order does not
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comply with Local Rules 16-3 and 16-4. Accordingly,
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IT IS ORDERED that the parties· Joint Pretrial Order (ECF No. 33) is REJECTED. The
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parties shall personally confer as required in Local Rule 16-3, and submit a Joint Pretrial Order
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that complies with Local Rule 16-4 within 21 days of entry ofthis Order.
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Dated: this 16111 day of August, 2016.
0/---
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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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