McDonald v. OneWest Bank, FSB et al

Filing 240

SEVENTH AMENDED ORDER SETTING TRIAL DATE & RELATED DATES by Judge Robert S. Lasnik; Motions in Limine due by 8/12/2013, Agreed Pretrial Order due by 8/21/2013, Voir dire/jury instructions/trial briefs due by 8/28/2013, Jury Trial is set for 9/3/2013 before Judge Robert S. Lasnik. The pending 196 198 Motions in Limine are STRICKEN without Prejudice. (TF)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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8 JAMES McDONALD,

Plaintiff,

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v.

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11 ONEWEST BANK, FSB, et al.,

Case No. C10-1952RSL
SEVENTH AMENDED ORDER
SETTING TRIAL DATE &
RELATED DATES

Defendants.

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13 TRIAL DATE

September 3, 2013

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14 All motions in limine must be filed by and noted on the motion
calendar no earlier than the second Friday thereafter.
Replies will be accepted.
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August 12, 2013

16 Agreed pretrial order due

August 21, 2013

17 Pretrial conference to be scheduled by the Court
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Trial briefs, proposed voir dire questions, proposed jury
instructions, and trial exhibits due

19 Length of Trial: 3 days

August 28, 2013
Jury

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These dates are set at the direction of the Court. All other dates have already passed or

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are specified in the Local Civil Rules. If any of the dates identified in this Order or the Local

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The Court recently issued summary judgment orders that significantly narrow the scope of the upcoming trial.
The pending motions in limine (Dkt. # 196 and Dkt. # 198) are therefore STRICKEN without prejudice.

SEVENTH AMENDED ORDER SETTING TRIAL DATE & RELATED
DATES - 1

1 Civil Rules fall on a weekend or federal holiday, the act or event shall be performed on the next
2 business day. These are firm dates that can be changed only by order of the Court, not by
3 agreement of counsel or the parties. The Court will alter these dates only upon good cause
4 shown; failure to complete discovery within the time allowed is not recognized as good cause.
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If the trial date assigned to this matter creates an irreconcilable conflict, counsel must

6 notify Teri Roberts, the judicial assistant, at 206-370-8810 within 10 days of the date of this
7 Order and must set forth the exact nature of the conflict. A failure to do so will be deemed a
8 waiver. Counsel must be prepared to begin trial on the date scheduled, but it should be
9 understood that the trial may have to await the completion of other cases.
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ALTERATIONS TO ELECTRONIC FILING PROCEDURES AND LOCAL RULES
Information and procedures for electronic filing can be found on the Western District of

12 Washington’s website at www.wawd.uscourts.gov. Pro se litigants may file either
13 electronically or in paper form. The following alterations to the Electronic Filing Procedures
14 apply in all cases pending before Judge Lasnik:
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– Pursuant to Local Civil Rule 10(e)(8), when the aggregate submittal to the court (i.e.,

16 the motion, any declarations and exhibits, the proposed order, and the certificate of service)
17 exceeds 50 pages in length, a paper copy of the documents (with tabs or other organizing aids as
18 necessary) shall be delivered to the Clerk’s Office for chambers by 10:30 a.m. the morning after
19 filing. The chambers copy must be clearly marked with the words “Courtesy Copy of Electronic
20 Filing for Chambers.”
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– Alteration to Section III, Paragraph M of the Electronic Filing Procedures - unless the

22 proposed order is stipulated, agreed, or otherwise uncontested, the parties need not e-mail a copy
23 of the order to the judge’s e-mail address.
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SEVENTH AMENDED ORDER SETTING TRIAL DATE & RELATED
DATES - 2

– Pursuant to Local Civil Rule 10(e)(10), all references in the parties’ filings to exhibits

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2 should be as specific as possible (i.e., the reference should cite the specific page numbers,
3 paragraphs, line numbers, etc.). All exhibits must be marked to designate testimony or evidence
4 referred to in the parties’ filings. Filings that do not comply with Local Civil Rule 10(e) may be
5 rejected and/or returned to the filing party, particularly if a party submits lengthy deposition
6 testimony without highlighting or other required markings.
– Pursuant to this order, any motion in limine must be filed by the date set forth above

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8 and noted on the motion calendar no earlier than the second Friday thereafter. Any response is
9 due on or before the Wednesday before the noting date. Parties may file and serve reply
10 memoranda, not to exceed nine pages in length, on or before the noting date.
PRIVACY POLICY

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Pursuant to Federal Rule of Civil Procedure 5.2 and Local Civil Rule 5.2, parties must

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13 redact the following information from documents and exhibits before they are filed with the
14 court:
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* Dates of Birth - redact to the year of birth

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* Names of Minor Children - redact to the initials

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* Social Security Numbers and Taxpayer Identification Numbers - redact in their entirety

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* Financial Accounting Information - redact to the last four digits

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* Passport Numbers and Driver License Numbers - redact in their entirety

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All documents filed in the above-captioned matter must comply with Federal Rule of

21 Civil Procedure 5.2 and Local Civil Rule 5.2.
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SEVENTH AMENDED ORDER SETTING TRIAL DATE & RELATED
DATES - 3

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COOPERATION

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As required by Local Civil Rule 37(a), all discovery matters are to be resolved by

3 agreement if possible. Counsel are further directed to cooperate in preparing the final pretrial
4 order in the format required by Local Civil Rule 16.1, except as ordered below.
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TRIAL EXHIBITS
The original and one copy of the trial exhibits are to be delivered to chambers five days

7 before the trial date. Each exhibit shall be clearly marked. Exhibit tags are available in the
8 Clerk’s Office. The Court hereby alters the Local Civil Rule 16.1 procedure for numbering
9 exhibits: plaintiff’s exhibits shall be numbered consecutively beginning with 1; defendant’s
10 exhibits shall be numbered consecutively beginning with 500. Duplicate documents shall not be
11 listed twice: once a party has identified an exhibit in the pretrial order, any party may use it.
12 Each set of exhibits shall be submitted in a three-ring binder with appropriately numbered tabs.
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SETTLEMENT

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Should this case settle, counsel shall notify the Deputy Clerk as soon as possible.

15 Pursuant to Local Civil Rule 11(b), an attorney who fails to give the Deputy Clerk prompt notice
16 of settlement may be subject to such discipline as the Court deems appropriate.
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Dated this 7th day of March, 2013.

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A

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Robert S. Lasnik
United States District Judge

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SEVENTH AMENDED ORDER SETTING TRIAL DATE & RELATED
DATES - 4