Hvac Technology LLC v. Southland Industries

Northern District of California, cand-4:2015-cv-02934

CASE MANAGEMENT AND PRETRIAL ORDER. Jury Trial set for 2/21/2017 09:00 AM before Magistrate Judge Kandis A. Westmore. Pretrial Conference set for 2/7/2017 03:00 PM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 07/20/16. (kawlc2S, COURT STAFF)

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0 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 HVAC TECHNOLOGY LLC, 7 Case No. 15-cv-02934-KAW Plaintiff, 8 v. CASE MANAGEMENT AND PRETRIAL 9 ORDER FOR JURY TRIAL SOUTHLAND INDUSTRIES, 10 Defendant. 11 12 1. TRIAL DATE Northern District of California United States District Court 13 a. Jury trial will begin on February 21, 2017 at 9:00 a.m. at the U.S. District Court, 14 1301 Clay Street, Oakland, California. For courtroom number and floor information, please check 15 the Court's on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call 16 Susan Imbriani (Judge Westmore's Courtroom Deputy) at (510) 637-3525. 17 b. The length of the trial will be not more than 6 days. The Court may shorten the 18 allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side. 19 Court hours for trial are normally 9:00 a.m. to 3:00 p.m., subject to the Court's availability. 20 2. DISCOVERY AND EXPERT DISCLOSURES 21 a. All non-expert discovery shall be completed by July 19, 2016. 22 b. Experts shall be disclosed and reports provided by July 31, 2016. 23 c. Rebuttal experts shall be disclosed and reports provided by August 31, 2016. 24 d. All discovery from experts shall be completed by September 30, 2016. 25 3. PRETRIAL MOTIONS 26 a. The last day for hearing dispositive motions shall be November 17, 2016. 27 b. Only one summary judgment motion may be filed by each side, absent leave of 28 court. Leave of court may be sought if multiple parties comprise one or both sides. 0 1 Leave of court may be obtained by filing a motion for administrative relief pursuant 2 to Civ. L. R. 7-11, or by requesting a case management conference or informal 3 telephone conference. 4 c. Separate statements of undisputed facts in support of or in opposition to motions 5 for summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may 6 file a truly joint statement of undisputed facts only if all parties agree that the facts 7 are undisputed. 8 d. Objections to evidence may no longer be filed separately but must be contained 9 within the opposition or reply brief or memorandum. Civil L. R. 7-3. 10 e. Each party filing or opposing a motion shall also serve and file a proposed order 11 which sets forth the relief or action sought and a short statement of the rationale of 12 decision, including citation of authority that the party requests the court to adopt. Northern District of California United States District Court 13 f. Chambers copies of each electronically-filed dispositive motion must include on 14 each page the running header created by the ECF system and must be delivered to 15 the Clerk's Office by noon the day following its filing. All documents must be 16 stapled or bound by a two-pronged fastener, and all exhibits to declarations or 17 requests for judicial notice must be tabbed. 18 g. In addition, counsel shall email copies of all motions for summary judgment in 19 standard Word format (.doc or .docx, and not .pdf format) to 20 kawpo@cand.uscourts.gov. 21 4. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE 22 The parties are ordered to complete ADR on or before November 25, 2016. 23 5. PRETRIAL CONFERENCE 24 a. A pretrial conference shall be held on February 7, 2017 at 3:00 p.m. Lead counsel 25 who will try the case (or the party if pro se) must attend. The timing of disclosures required by 26 Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by this 27 order. 28 b. By January 10, 2017, thirty (30) days prior to the date of the pretrial conference, 2 0 1 lead counsel shall meet and confer regarding: 2 (1) Preparation and content of the joint pretrial conference statement; 3 (2) Preparation and exchange of pretrial materials to be served and lodged 4 pursuant to paragraph 5(c) below; and 5 (3) Settlement of the action. 6 c. By January 20, 2017, twenty (20) days prior to the pretrial conference, counsel 7 and/or parties shall: 8 (1) Serve and file a joint pretrial statement that includes the pretrial disclosures 9 required by Federal Rule of Civil Procedure 26(a)(3) as well as the 10 following supplemental information: 11 (a) The Action. 12 (i) Substance of the Action. A brief description of the substance Northern District of California United States District Court 13 of claims and defenses which remain to be decided. 14 (ii) Relief Prayed. A detailed statement of all the relief claims, 15 particularly itemizing all elements of damages claimed as 16 well as witnesses, documents or other evidentiary material 17 to be presented concerning the amount of those damages. 18 (b) The Factual Basis of the Action. 19 (i) Undisputed Facts. A plain and concise statement of all 20 relevant facts not reasonably disputable, as well as which 21 facts parties will stipulate for incorporation into the trial 22 record without the necessity of supporting testimony or 23 exhibits. 24 (ii) Disputed Factual Issues. A plain and concise statement of all 25 disputed factual issues which remain to be decided. 26 (iii) Agreed Statement. A statement assessing whether all or part 27 of the action may be presented upon an agreed statement of 28 facts. 3 0 1 (iv) Stipulations. A statement of stipulations requested or 2 proposed for pretrial or trial purposes. 3 (c) Disputed Legal Issues. 4 Without extended legal argument, a concise statement of each 5 disputed point of law concerning liability or relief, citing supporting 6 statues and decisions. 7 (d) Trial Preparation. 8 (i) Witnesses to Be Called. With regard to witnesses disclosed 9 pursuant to Federal Civil Rule of Civil Procedure 10 26(a)(3)(A), a brief statement describing the substance of the 11 testimony to be given. 12 (ii) Estimate of Trial Time. An estimate of the number of hours Northern District of California United States District Court 13 needed for the presentation of each party's case, indicating 14 possible reductions in time through proposed stipulations, 15 agreed statements of facts, or expedited means of presenting 16 testimony and exhibits. 17 (iii) Use of Discovery Responses. Designate excerpts from 18 discovery that the parties intend to present at trial, other than 19 solely for impeachment or rebuttal, from depositions 20 specifying the witness page and line references, from 21 interrogatory answers, or from responses to requests for 22 admission. 23 (e) Trial Alternatives and Options. 24 (i) Settlement Discussion. A statement summarizing the status 25 of settlement negotiations and indicating whether further 26 negotiations are likely to be productive. 27 (ii) Amendments, Dismissals. A statement of requested or 28 proposed amendments to pleadings or dismissals of parties, 4 0 1 claims or defenses. 2 (f) Miscellaneous. 3 Any other subjects relevant to the trial of the action or material to its 4 just, speedy and inexpensive determination. 5 (2) Serve and file trial briefs (not to exceed 25 pages), which shall specify each 6 cause of action and defense remaining to be tried along with a statement of 7 the applicable legal standard (no opposition shall be filed); 8 (3) Serve and file no more than ten motions in limine, which shall be filed in 9 one document not to exceed 25 pages; 10 (4) Serve and file proposed voir dire questions, jury instructions, verdict forms 11 and excerpts from discovery that will be offered at trial (include a copy of 12 the deposition testimony or admission). The parties shall submit proposed Northern District of California United States District Court 13 jury instructions jointly. If there are any instructions on which the parties 14 cannot agree, those instructions may be submitted separately. The parties 15 shall submit a jointly prepared proposed form of verdict, or, if the parties 16 cannot agree, their respective proposals; 17 (5) Serve and file an exhibit setting forth the qualifications and experience for 18 each expert witness; 19 (6) Serve and file a list of each party's exhibits by number (plaintiff) or letter 20 (defendant), including a brief statement describing the substance and 21 purpose of each exhibit and the name of the sponsoring witness; 22 (7) Exchange exhibits which shall be premarked with an exhibit sticker tabbed 23 and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall 24 use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties 25 shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3, 26 etc.); and 27 (8) Deliver three sets of all premarked exhibits to chambers, tabbed and in 28 binders (exhibits are not to be filed). The exhibits shall be marked with the 5 0 1 following tag (or similar): 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 Case No. ___________________ 4 5 Trial Exhibit ___ 6 Date Admitted__________________ By:________________________ 7 Susan Imbriani Deputy Clerk 8 9 No party shall be permitted to call any witness or offer any exhibit in its case in chief that 10 is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the 11 Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good 12 cause. Furthermore, all parties are reminded of their disclosure duties under Federal Rule of Civil Northern District of California United States District Court 13 Procedure 26. Any document or witness that should have been disclosed under Rule 26 will not 14 be introduced at trial. 15 d. By January 30, 2017, ten (10) days prior to the pretrial conference, after meeting 16 and conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve 17 and file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any 18 objections to witnesses, including the qualifications of an expert witness; (3) any objection to 19 proposed voir dire questions, jury instructions and verdict forms that the parties have been unable 20 in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The 21 parties shall not file separate objections, apart from those contained in the motions in limine, to the 22 opposing party's witness list, exhibit list or discovery designations. 23 e. All motions shall be heard at the pretrial conference unless otherwise ordered. 24 6. JURY TRIAL 25 a. The attached voir dire questionnaire (or similar) shall be given or presented to the 26 venire members to be answered orally in Court. Counsel shall submit an agreed upon set of 27 additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel 28 cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire after 6 0 1 the Court's questioning. 2 b. The following jury instructions from the Ninth Circuit Manual of Model Civil Jury 3 Instructions (available on the Ninth Circuit website at http://www.ce9.uscourts.gov) shall be given 4 absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed 5 upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not 6 submit duplicates of those listed above. Any instructions on which counsel cannot agree may be 7 submitted separately. Each requested instruction shall be typed in full on a separate page with 8 citations to the authority upon which it is based and a reference to the party submitting it. A 9 second blind copy of each instruction and verdict form shall also be submitted omitting the 10 citation to authority and the reference to the submitting party. 11 7. In addition to electronic filing, Counsel shall email copies of all proposed jury instructions, 12 motions in limine, forms of verdict, and trial briefs in standard Word format (.doc or .docx, not Northern District of California United States District Court 13 .pdf format) to kawpo@cand.uscourts.gov. 14 8. SUMMARY OF DATES 15 Trial 02/21/17 16 Pretrial Conference 02/07/17 17 Objections 01/30/17 18 Joint Pretrial Statement 01/30/17 19 Meet and Confer 01/10/17 20 Last day to Hear Dispositive Motions 11/17/16 21 Close of Expert Discovery 09/30/16 22 Rebuttal Expert Disclosure and Reports Provided 08/31/16 23 Expert Disclosure and Reports Provided 07/31/16 24 Non-Expert Discovery Cut-off 07/19/16 25 ADR Completion 11/25/16 26 27 /// /// 28 7 0 1 A further Case Management Conference is scheduled for November 29, 2016 at 1:30 p.m. 2 An updated Joint Case Management Conference Statement is due November 22, 2016. 3 IT IS SO ORDERED. 4 Dated: 07/20/16 ______________________________________ KANDIS A. WESTMORE 5 United States Magistrate Judge 6 7 8 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 8 0 1 JUROR QUESTIONNAIRE 2 Please fill out this form as completely as possible and print clearly. Since we want to make copies 3 for the attorneys and the Court, do not write on the back of any page. If you need more room, 4 continue at the bottom of the page. Thank you for your cooperation. 5 1. Your name: 6 ________________________________________________ 7 2. Your age: _____________ 8 3. The city where you live: ___________________________________ 9 How long have you lived there:______________________________ 10 4. Your place of birth: ______________________________________ 11 5. Do you rent or own your own home? _________________________ 12 6. Your marital status: (circle one) Northern District of California United States District Court 13 single married live with partner separated divorced widowed 14 7. What is your occupation, and how long have you worked in it? (If you are retired, please 15 describe your main occupation when you were working). 16 _______________________________________________________________ 17 _______________________________________________________________ 18 8. Who is (or was) your employer? 19 _______________________________________________________________ 20 9. Please list the occupations of any adults with whom you live. 21 _______________________________________________________________ 22 10. If you have children, please list their ages and gender and, if they are employed, please 23 give their occupations. 24 _______________________________________________________________ 25 _______________________________________________________________ 26 _______________________________________________________________ 27 28 9 0 1 11. Please describe your educational background: 2 Highest grade completed: _________________________________ 3 College and/or vocational schools you have attended: 4 _______________________________________________________________ 5 _______________________________________________________________ 6 _______________________________________________________________ 7 Major areas of study:______________________________________________ 8 12. Have you ever served on a jury before? ________ How many times?________ 9 If yes: State/County Court _______ Federal Court _______ 10 When? ____________________________________________________ 11 Was it a civil or criminal case? _________________________ 12 Did the jury(ies) reach a verdict? _______________________ Northern District of California United States District Court 13 13. Have you ever served on a grand jury? ________ 14 If yes: State/County Court _______ Federal Court _______ 15 When? ____________________________________________________ 16 Was it a civil or criminal? _________________________ 17 14. Have you ever served in the military? ________ 18 If yes: Country you served ________________ 19 Branch _________________________________ 20 Length of Service ________________________ 21 Last Rank ______________________________ 22 15. Attached is a list of the parties in this case, the law firms representing the parties, attorneys 23 in this case, and persons who are potential witnesses in this case. Do you know, or think 24 you know, any of the persons listed? 25 Yes:_____ No:_____ 26 If so, make a checkmark next to their name. 27 28 10