Aidini v. Costco Wholesale Corporation

Filing 34

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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