Heldt v. Tata Consultancy Services, LTD

Northern District of California, cand-4:2015-cv-01696

PRETRIAL ORDER NO. 1 [This Order relates to the class action trial in this matter and not to the individual action of Brian Buchanan which has been bifurcated. Caption for this Jury Trial case is: Christopher Slaight, et al vs. Tata Consultancy Services Ltd.]. Signed by Judge Yvonne Gonzalez Rogers on 8/1/2018.

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 CHRISTOPHER SLAIGHT, ET. AL, CASE NO. 15-cv-01696-YGR 7 Plaintiffs, PRETRIAL ORDER NO. 1 8 vs. 9 TATA CONSULTANCY SERVICES, LTD, 10 Defendant. 11 12 TO ALL PARTIES1 AND COUNSEL OF RECORD: Northern District of California United States District Court 13 The Court is in receipt of the parties proposed Scheduling Orders (Dkt. Nos. 422, 423) and 14 Orders as follows: Date in Event 15 2018 (Exchanges shall occur by 5pm Pacific time unless 16 otherwise agreed by the parties.) 17 Aug 31 Exchange of preliminary exhibit lists 18 Sept. 5 Exchange of initial drafts of pretrial conference statement Meet & confer for pretrial conference statement (Dkt. #312, Standing Order § 2) 19 Sept. 7 Exchange proposed motions in limine (Standing Order § 4) 20 Sept. 14 Exchange proposed jury instructions (Standing Order § 3f) 21 Sept. 14 Exchange list of discovery excerpts, audios and video (Standing Order § 6c) 22 Sept. 14 Exchange of preliminary witness list 23 Sept. 18 Exchange of exhibit and discovery excerpt objections 24 Sept. 18 Meet and confer regarding motions in limine, jury instructions, exhibit 25 Sept. 21 admissibility, discovery designations, and any other trial readiness binder issues 26 (Standing Order §§ 3, 4, 6) 27 1 The Order relates to the class action trial in the above-referenced matter, and not to the 28 individual action of Brian Buchanan which has been bifurcated. (Dkt. No. 412.) The caption has been revised accordingly. 1 Sept. 28 File Pretrial Conference Statement (Dkt. #312) 2 Sept. 28 File motions in limine not otherwise resolved (Standing Order § 4) 3 Oct. 3 File oppositions to motions in limine (Standing Order § 4) Trial Filings (Stipulations, Witness List, Expert Witness List, Exhibit Lists 4 Oct. 5 Annotated with Stipulations/Objections, List of Discovery Excerpts, Jury 5 Instructions, Preliminary Statement of the Case and Instructions, Proposed Jury Voir Dire Questions, Proposed Verdict Forms) and Deliver Trial Readiness 6 Binders with ECF notations (Standing Order § 3(a)-(i)) 7 Oct. 12 Pretrial Conference (Dkt. #312) 8 Nov. 2 Provide Court finalized set of exhibits (Standing Order § 6) 9 Nov. 5 Jury Trial (Dkt. #312) 10 11 With respect to standard pretrial motions, the Court hereby orders that: (a) witnesses shall 12 be excluded until testimony is completed; (b) there shall be no reference to or evidence presented Northern District of California United States District Court 13 of settlement discussions, mediation, or insurance; and (c) there shall be no reference to or 14 evidence presented of wealth or lack thereof of any party except in the punitive damage phase of 15 a case, to the extent it exists. A motion in limine refers "to any motion, whether made before or 16 during trial, to exclude anticipated prejudicial evidence before the evidence is actually offered." 17 Luce v. United States, 469 U.S. 38, 40, n. 2 (1984). Overly broad motions are routinely denied. 18 19 Attached hereto as Exhibit A is an outline of stipulations. To the extent agreed upon, the 20 parties shall file said document by the pretrial conference. 21 Opening Statements: Parties must meet and confer to exchange any visuals, graphics or 22 exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur no 23 later than the close of business on the Wednesday before trial. Any objections not resolved must 24 be filed in writing by the Thursday before trial. The parties shall be available by telephone on the 25 26 Friday before trial to discuss the issues raised with the Court. The parties are reminded that the 27 purpose of an Opening Statement is not to argue the facts but to provide the jurors with an outline 28 of what each side expects the evidence will show. 2 Expert Disclosures/Fed. R. Civ. P. 68 Offers: Counsel shall lodge with the Court at the 1 2 pretrial conference, two copies of all expert disclosures, including any supplements, as well as all 3 offers of judgment made under Fed. R. Civ. P. 68. 4 Doe Defendants: All Doe Defendants will be deemed dismissed once the jury, or first 5 witness, is sworn, whichever occurs first. 6 Depositions to be Used at Trial: Any party intending to use a deposition transcript at 7 trial for any purpose shall lodge the signed original (or a certified/stipulated copy if, for any 8 reason, the original is not available) for use by the Court and shall have extra copies available for 9 10 use by him/herself and the witness. All other parties are expected to have their own copies 11 available. The parties shall each prepare and provide an index of the lodged transcripts and shall 12 review the same with the courtroom deputy upon lodging the transcripts. Before each trial day, Northern District of California United States District Court 13 counsel shall confer with the courtroom deputy and identify which of the transcripts may be used 14 that day. 15 Video Depositions at Trial: A video deposition may only be shown after the 16 designations, counter-designation and objections are resolved. A transcript shall be provided of 17 18 the portions played to the jury. The court reporter shall be relieved of her duties to transcribe that 19 portion of the trial. In lieu of the court reporter's transcription, the parties shall file in the docket 20 a copy of that portion of the transcript used during the trial on the day said testimony was 21 provided. The filing shall be designated: "Plaintiff's /Defendant's Trial Related Transcript(s) for 22 Video Deposition(s)." The filing shall include an index listing the name of the deponent-witness 23 and the date used during trial. 24 25 Witnesses at Trial: The party presenting evidence shall give the other party 24 hours 26 written notice of the witnesses to be called unless otherwise agreed upon by the parties 27 themselves. The parties are admonished that use of trial time is critical given the limited 28 resources of the Court. All parties must have witnesses ready and available to testify. If the party 3 presenting evidence does not have a witness ready to be called once a prior witness steps down, 1 2 that party may be deemed to have rested its case. Witnesses may be taken out of order upon 3 stipulation or with leave of Court provided that the circumstances giving rise to such an 4 accommodation are promptly called to the attention of opposing counsel and the Court. 5 Failure to Comply: Failure to comply with the obligations set forth in this order will 6 result in sanctions appropriate to the gravity of the failure, including, but not limited to monetary 7 fines and/or terminating sanctions. 8 9 IT IS SO ORDERED. 10 11 Dated: August 1, 2018 YVONNE GONZALEZ ROGERS 12 Northern District of California UNITED STATES DISTRICT COURT JUDGE United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 UNITED STATES DISTRICT COURT 1 NORTHERN DISTRICT OF CALIFORNIA 2 3 4 5 CASE NO.: 15-CV-1696 YGR CHRISTOPHER SLAIGHT, ET. AL, 6 PROCEDURAL STIPULATIONS PLAINTIFFS, (EXHIBIT A TO PRETRIAL ORDER) 7 VS. 8 TATA CONSULTANCY SERVICES, LTD, 9 DEFENDANTS 10 11 PLEASE INITIAL AND SIGN as acceptable: 12 It is stipulated that each of the jurors will be deemed present, upon reconvening after each Northern District of California United States District Court 13 adjournment or recess, unless the contrary is noted for the record. 14 For the Plaintiff ______________ For the Defendant _____________ 15 16 It is stipulated that the Jury Instructions and the Exhibits may go into the Jury Room during 17 deliberations. 18 For the Plaintiff ______________ For the Defendant _____________ 19 20 It is stipulated that the parties need not be present when, during jury deliberations, the jurors are 21 excused for lunch, return for lunch, and/or are discharged in the evening and resume in the 22 morning. 23 For the Plaintiff ______________ For the Defendant _______________ 24 25 It is stipulated that, during jury deliberations, the jury may recess without further admonition and 26 without assembling in the jury box, and that they may resume their deliberations upon the Deputy 27 Clerk's determination that all jurors are present. 28 For the Plaintiff ______________ For the Defendant _____________ 5 1 2 In the absence if the trial judge, any judge of this court may receive the verdict. 3 For the Plaintiff ______________ For the Defendant ________________ 4 5 (Party Name) ______________________ (Party Name) _________________________ 6 7 __________________________________ ________________________________ 8 Signature (Plaintiff's Attorney) Signature (Defense Attorney) 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6