Boyce v. Independent Brewers United Corporation et al

Northern District of California, cand-4:2015-cv-02263

PRETRIAL ORDER NO. 1. Signed by Judge Yvonne Gonzalez Rogers on 2/10/17.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 VICTOR BOYCE, 7 Case No. 15-cv-2263 Plaintiff, 8 v. PRETRIAL ORDER NO. 1 9 INDEPENDENT BREWERS UNITED 10 CORPORATION AND NORTH AMERICAN BREWERIES, INC, PYRAMID BREWERIES, 11 INC. AND DOES 1-30, INCLUSIVE, 12 Defendants. Northern District of California United States District Court 13 Having considered the filings to date and the arguments and other submissions at the 14 Pretrial Conference, held on February 10, 2017, for good cause shown the Court enters the 15 following orders: 16 1. Trial Date and Schedule: The trial of this matter is confirmed to proceed in 17 Courtroom 1 on Monday, February 27, 2017. Counsel shall arrive in court early 18 enough to proceed promptly at 8:30 a.m. with trial testimony. Trial schedule will 19 be Monday through Thursday, from 8:30 a.m. to 1:30 p.m. with two fifteen minute 20 breaks which will allow for 4.5 hours of trial testimony per day. Friday's schedule 21 will be set on an as needed basis. Any matters requiring Court attention outside of 22 trial testimony shall be resolved from 8:00 a.m. to 8:30 a.m. or after the Court's 23 2:00 p.m. standing calendars. 24 Parties are limited to eleven (11) hours of testimony per side. Such time 25 includes both direct and cross-examination and both opening and closing 26 statements, to the extent used. 27 2. Trial Briefs shall be filed by the Thursday, February 23, 2017. The parties are 28 advised that the Court will require post-trial briefs after the close of evidence with 1 direct citations to the record. 2 3. Standard Motions in Limine: The Court hereby orders that: (a) witnesses shall be 3 excluded until testimony is completed; (b) there shall be no reference to or 4 evidence presented of settlement discussions, mediation, or insurance; and (c) there 5 shall be no reference to or evidence presented of wealth or lack thereof of any party 6 except in the punitive damage phase of a case, to the extent it exists. 7 Parties are ordered to admonish witnesses of the Court's rulings. Failure to comply 8 with a ruling by the Court may result in sanctions, including without limitation the 9 striking of the witness's entire testimony. 10 4. Witnesses: The parties are limited to calling the witnesses submitted on the list 11 filed for the Pretrial Conference. Upon a showing of good cause, including for 12 rebuttal or impeachment purposes, additional witnesses will only be allowed by Northern District of California United States District Court 13 Court order. 14 5. Exhibits and Exhibit Lists: 15 The parties are limited to using the Exhibits submitted to the Court on the 16 Friday before the trial date except to the extent that the parties are conferring on 17 summaries of the more voluminous exhibits. No witness may be shown any 18 document or other object until it has been marked for identification using an exhibit 19 number. By Wednesday, February 22, 2017, the parties shall file updated Exhibit 20 Lists identifying those for which a stipulation of admissibility exists with an "S" in 21 the appropriate box. 22 In accordance with the specifications set forth in the Court's Standing 23 Order, paragraph 6.h., exhibits (the originals and two additional sets) shall be 24 delivered to the Court no later than Friday, February 24, 2017. 25 6. Equipment: Projectors, screens, and similar equipment must be tested in the 26 courtroom prior to the day when it will be used. Arrangements may be made with 27 the Courtroom Deputy, Frances Stone, at (510) 637-3540, as to appropriate time for 28 doing so. The United States Marshal Service requires a court order to allow 2 1 equipment. To the extent required, parties will need to file a detailed request set 2 forth in a proposed form order. 3 7. Fed. R. Civ. P. 68 Offers: Counsel shall lodge with the Court on the first day of 4 trial, in a sealed envelope, any offers of judgment made under Fed. R. Civ. P. 68. 5 8. Doe Defendants: All Doe Defendants will be deemed dismissed once the first 6 witness is sworn. 7 9. Depositions to be Used at Trial: Any party intending to use a deposition 8 transcript at trial for any purpose shall lodge the signed original (or a 9 certified/stipulated copy if, for any reason, the original is not available) for use by 10 the Court and shall have extra copies available for use by him/herself and the 11 witness. All other parties are expected to have their own copies available. The 12 parties shall each prepare and provide an index of the lodged transcripts and shall Northern District of California United States District Court 13 review the same with the courtroom deputy upon lodging the transcripts. Before 14 each trial day, counsel shall confer with the courtroom deputy and identify which 15 of the transcripts may be used that day. 16 10. Witnesses at Trial: The party presenting evidence shall give the other party 24 17 hours written notice of the witnesses to be called unless otherwise agreed upon by 18 the parties themselves. The parties are admonished that use of trial time is critical 19 given the limited resources of the Court. All parties must have witnesses ready and 20 available to testify. If the party presenting evidence does not have a witness ready 21 to be called once a prior witness steps down, that party may be deemed to have 22 rested its case. Witnesses may be taken out of order upon stipulation or with leave 23 of Court provided that the circumstances giving rise to such an accommodation are 24 promptly called to the attention of opposing counsel and the Court. 25 11. Objections: There shall be no "speaking objections," and no rebuttal unless 26 requested by the Court, in which case it shall be brief—e.g., "hearsay," and if a 27 rebuttal requested, "not offered for the truth." 28 12. Requests for Transcripts: If transcripts will be requested during or immediately 3 1 after the trial, arrangements must be made with the Court Reporter Coordinator 2 (Telephone No. 510-637-3534) at least one week prior to the commencement of 3 the trial. 4 13. Settlement: Counsel shall promptly notify the Court by telephone and email (for 5 after hours, use: of any settlement. The 6 notification shall indicate what further steps need to be taken to finalize the 7 settlement. Parties are advised that the trial and all trial-related dates will not be 8 vacated until a dismissal is filed, unless otherwise ordered by the Court. 9 14. Trial Decorum and Procedure: Counsel, parties, and witnesses are expected to 10 conduct themselves at all times, on or off the record, in a professional and 11 courteous manner during trial. Do NOT approach other parties' witnesses without 12 permission. You may approach your own non-hostile witnesses without Northern District of California United States District Court 13 permission. 14 15. Other: 15 This confirms that the Court has encouraged lead counsel to allow 16 associates on the case to participate in witness examinations. 17 Failure to comply with the obligations set forth in this order will result in 18 sanctions appropriate to the gravity of the failure, including, but not limited to 19 monetary fines and/or terminating sanctions. 20 IT IS SO ORDERED. 21 Dated: February 10, 2017 22 ______________________________________ YVONNE GONZALEZ ROGERS 23 UNITED STATES DISTRICT COURT JUDGE 24 25 26 27 28 4