Levels v. State Farm Mutual Automobile Insurance Company et al

Northern District of California, cand-4:2015-cv-01371

CASE MANAGEMENT AND PRETRIAL ORDER re {{14}} Case Management Conference - Initial. Signed by Judge Phyllis J. Hamilton on 7/7/15.

Interested in this case?

Current View

Full Text

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 ROBBIE LEVELS, 4 Case No. 15-cv-01371-PJH Plaintiff, 5 v. CASE MANAGEMENT 6 AND PRETRIAL ORDER STATE FARM MUTUAL AUTOMOBILE 7 INSURANCE COMPANY, 8 Defendant. 9 Good cause appearing, the court hereby adopts the case management statement 10 of the parties except as modified by the following: 11 PRETRIAL SCHEDULE TRIAL DATE: October 24, 2016, at 8:30 a.m., Courtroom 3, 3rd Fl. 12 Northern District of California JURY [x] COURT [] United States District Court 13 TRIAL LENGTH: No more than 7 days. 14 PRETRIAL CONFERENCE DATE: September 29, 2016, at 2:00 P.M. 15 DISPOSITIVE MOTIONS (Only one summary judgment motion per party is permitted 16 without leave of court) TO BE HEARD BY: June 22, 2016. 17 NON-EXPERT DISCOVERY CUTOFF: April 22, 2016. 18 DISCLOSURE OF EXPERTS (retained and non-retained): 7/5/16; REBUTTAL: 7/19/16 19 EXPERT DISCOVERY CUTOFF: August 15, 2016. 20 DISCOVERY LIMITATIONS: 21 Interrogatories: Requests for Documents: Depositions: Requests for Admissions: 22 23 DISCOVERY DISPUTES REFERRED TO MAGISTRATE JUDGE AFTER MOTION IS FILED. 24 LAST DAY TO AMEND PLEADINGS: no later than 90 days before fact discovery cutoff date a motion or a stipulation must be filed so sufficient time remains to conduct 25 discovery on added claims or parties. Do defendants must be identified by this deadline or they will be dismissed. 26 [x] REFERRED TO ADR FOR ENE to be completed by/within 120 days. 27 ADDITIONAL ORDERS: 28 1 PRETRIAL INSTRUCTIONS 2 A. PRETRIAL MOTIONS 3 1. All dispositive motions are heard no later than 120 days before trial, unless 4 leave of court is obtained for another deadline. 5 2. Only one summary judgment motion may be filed by each side, absent leave of 6 court. Leave of court may be sought if multiple parties comprise one or both sides. Leave of court may be obtained by filing a motion for administrative relief pursuant 7 to Civ. L. R. 7-11, or by requesting a case management conference or informal 8 telephone conference. 9 3. Separate statements of undisputed facts in support of or in opposition to motions 10 for summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may 11 file a truly joint statement of undisputed facts only if all parties agree that the facts 12 Northern District of California United States District Court are undisputed. 13 4. Objections to evidence may no longer be filed separately but must be contained 14 within a brief or memorandum. Civil L. R. 7-3. 15 5. Each party filing or opposing a motion shall also serve and file a proposed order 16 which sets forth the relief or action sought and a short statement of the rationale of 17 decision, including citation of authority that the party requests the court to adopt. 18 6. Chambers copies of each electronically-filed document must include on each 19 page the running header created by the ECF system and must be delivered to the 20 Clerk's Office by noon the day following its filing. All documents must be stapled 21 or bound by a two-pronged fastener, and all exhibits to declarations or requests for 22 judicial notice must be tabbed. 23 7. Footnotes in briefs appearing in smaller than the 12-point font required for the 24 text, will be stricken, see Civil L. R. 3-4(c)(2), as will footnotes that are so 25 numerous as to be clearly designed to defeat the page limits found at Civil L. R. 7- 26 2 - 7-4. 27 8. Motions pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 28 (1993), challenging the reliability of expert testimony, may be noticed for hearing 2 1 on the date dispositive motions will be heard or on any available hearing date up 2 to and including the date of the final pretrial conference. Irrespective of the 3 hearing date, the briefs shall be filed in accordance with Civil L. R. 7-2 - 7-5, that 4 is, on a 35-day briefing schedule. 5 9. Motions in limine are limited to motions to exclude specific items of evidence on a ground and upon such authority as would be sufficient to sustain an objection to 6 such evidence at trial. The court will not generally consider a motion presenting a 7 purely legal issue in the guise of a motion in limine. 8 10. Discovery motions will be referred to a Magistrate Judge for resolution. The words 9 "Discovery Matter" shall appear in the caption of all documents relating to 10 discovery to insure proper routing. 11 11. Confidential and/or sealed documents shall be handled in accordance with this 12 Northern District of California United States District Court court's standing order and Civil L.R. 79-5, both of which the parties shall consult 13 before moving for a protective order or requesting a sealing order. Requests to 14 seal documents used in conjunction with dispositive motions are rarely granted 15 and then only upon a showing of the most compelling of reasons. 16 B. FINAL PRETRIAL CONFERENCE 17 1. Each party shall attend personally or by counsel who will try the case. 18 2. Not less than 35 days prior to the pretrial conference, all counsel and/or parties 19 shall meet and confer regarding preparation of the joint pretrial statement. 20 3. Not less than 28 days prior to the pretrial conference, counsel and/or parties 21 shall: 22 a. Serve and file a joint pretrial statement. (Separately filed statements will not be 23 accepted by the court and monetary sanctions will be imposed upon the party 24 failing to cooperate in the preparation of a joint statement). 25 The pretrial statement shall include the following: 26 i. A brief description of the substance of the claims and defenses which 27 remain to be decided. 28 3 1 ii. A detailed statement of all relief sought, itemizing all elements of 2 damages claimed. 3 iii. A statement of all relevant undisputed facts to which the parties will 4 stipulate for incorporation into the trial record without the necessity of 5 supporting testimony or exhibits. iv. A statement of all relevant disputed facts which remain to be decided. 6 v. A statement of stipulations requested or proposed. 7 vi. A brief statement of disputed points of law concerning liability and relief. 8 Legal argument on these points shall be reserved for the trial briefs. 9 vii. A statement of whether bifurcation or a separate trial of specific issues is 10 feasible and desired. 11 viii. A statement summarizing the status of settlement negotiations and 12 Northern District of California United States District Court indicating whether further negotiations are likely to be productive. 13 b. Serve and file trial briefs (not to exceed 25 pages), which shall specify each 14 cause of action and defense remaining to be tried along with a statement of the 15 applicable legal standard (no opposition shall be filed); 16 c. Serve and file no more than ten motions in limine, which shall be filed in one 17 document not to exceed 25 pages; 18 d. Serve and file a list of deposition excerpts for witnesses who will not testify in 19 person, (specifying the witness, page and line references) and other discovery 20 responses that will be offered at trial; 21 e. Serve and file a list of all witnesses to be called at trial, in person or by 22 deposition, other than solely for impeachment or rebuttal, with a brief statement 23 describing the substance of the testimony to be given; 24 f. Serve and file a numerical list of exhibits that will be offered as evidence in a 25 party's case in chief in support of a claim or defense, with a brief statement 26 describing the substance and purpose of each exhibit and the name of the 27 sponsoring witness; 28 4 1 g. Exchange exhibits which shall be premarked with an exhibit sticker (example 2 attached), tabbed and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and 3 defendant shall use numbers preceded by a letter (A-1, A-2, A-3, etc.). 4 Additional parties shall also use a letter preceding numbers (B-1, B-2, B-3, or 5 C-1, C-2, C-3, etc.). h. Submit two sets for jury trials and three sets for court trials of all premarked 6 exhibits to the Clerk's Office (exhibits are not filed); 7 i. Serve and file any request regarding the treatment of confidential or sealed 8 documents. 9 j. Serve and file proposed joint voir dire questions and joint jury instructions for 10 cases to be tried by jury; 11 k. Serve and file proposed findings of fact and conclusions of law for cases or 12 Northern District of California United States District Court claims to be tried by the court. 13 l. Serve and file a proposed verdict form which contains no reference to 14 submitting party. 15 4. No party shall be permitted to call any witness or offer any exhibit in its case in 16 chief that is not disclosed in these pretrial filings without leave of court and for 17 good cause. 18 5. Not less than 14 days prior to the pretrial conference, counsel and/or parties shall 19 serve and file any opposition to a motion in limine and any counter deposition 20 designations. No replies shall be filed. All motions shall be heard at the pretrial 21 conference unless otherwise ordered. The parties shall not file separate 22 objections, apart from those contained in the motions in limine, to the opposing 23 party's witness list, exhibit list or discovery designations. notwithstanding Civil 24 Local Rule 5-1(e)(7), a courtesy copy of any opposition brief must be 25 delivered to the Clerk's Office no later than noon the day following the filing. 26 C. JURY TRIAL 27 Jury Selection shall proceed as follows: The Jury Commissioner will summon 20 28 to 25 prospective jurors. The Courtroom Deputy will select their names at random and 5 1 seat them in the courtroom in the order in which their names are called. Voir dire will be 2 conducted of sufficient venire members so that six to eight will remain after all 3 peremptory challenges and an anticipated number of hardship dismissals and cause 4 challenges have been made. 5 The court will then take cause challenges and discuss hardship claims at side bar. 6 The court will inform counsel which hardship claims and cause challenges will be 7 granted, but will not announce those dismissals until the selection process is completed. 8 Peremptory challenges will be made in writing. The court will strike at one time those 9 with meritorious hardship claims, those excused for cause, and those challenged 10 peremptorily, and then seat the first six to eight people remaining in numerical order. 11 The attached voir dire questionnaire shall be given to the venire members and 12 copies of the responses will be made available to counsel at the beginning of voir dire. Northern District of California United States District Court 13 Counsel shall submit a joint set of additional voir dire questions to be posed by the court. 14 Any voir dire questions on which counsel cannot agree may be submitted separately. 15 Counsel will be permitted brief follow-up voir dire after the court's questioning. 16 The following jury instructions from the Ninth Circuit Manual of Model Jury 17 Instructions Civil (2007 Edition) shall be given absent objection: 1.0 - 1.4, 1.6 - 1.14, 1.18 18 - 1.19, 3.1 - 3.4. Counsel shall submit a joint set of these instructions along with case 19 specific instructions using the Ninth Circuit Manual where appropriate. Any instructions 20 on which counsel cannot agree may be submitted separately. Each instruction shall be 21 typed in full on a separate page with citations to the authority upon which it is based and 22 a reference to the party submitting it. A second blind copy of each instruction shall also 23 be submitted omitting the citation to authority and the reference to the submitting party, 24 but retaining the title of the instruction. 25 D. TRIAL SCHEDULE The court's trial schedule is 8:30 a.m. to 1:30 p.m. with two fifteen-minute breaks, 26 on Monday, Tuesday, Thursday and Friday. 27 28 6 1 E. PROCEDU URE FOR AMENDING A G THIS OR RDER 2 No pro ovision of th his order ma ay be chang ged exceptt by written order of this court 3 upon its own motion or upon u motion n of one or more partie es made pu ursuant to C Civil. L. R. 4 7-1 11 with a sh howing of good g cause. Parties m may file a fo ormal brief, but a letterr brief will 5 sufffice. The requesting r party shall serve the o opposing pa arty on the same day tthe motion 6 is filed f and the opposing g party shall submit a rresponse ass soon as p possible but no later 7 tha an four days s after serv vice. 8 If the modification m n sought is an a extensio on of a deadline conta ained herein n, the 9 mo otion must be b brought before exp piration of th hat deadline e. The parrties may n not modify 10 the e pretrial schedule s by stipulatio on. A confflict with a ccourt date sset after the e date of 11 this s order doe es not constitute good cause. The e parties arre advised tthat if they stipulate to o 12 a change c in th he discoverry schedule e, they do sso at their own risk. Th he only disccovery Northern District of California United States District Court 13 sch hedule thatt the court will w enforce is the one set in this o order. 14 IT IS SO S ORDER RED. 15 Da ated: July 7, 2015 16 __ __________ __________ __________ _________ PH HYLLIS J. HHAMILTON 17 Un nited Statess District Ju udge 18 19 20 21 22 23 24 25 26 27 28 7 CONFIDENTIAL 1 JUROR QUESTIONNAIRE 2 Please fill out this form as completely as possible and print clearly. This will assist the 3 judge and the lawyers in selecting a jury and will save time for them and for you. 4 Because copies will be made for the attorneys and the judge, do not write on the back of 5 any page. If you need more room, continue at the bottom of the page. Thank you for 6 your cooperation. 7 1. Your name: 8 2. Your age: 9 3. City in which you 10 reside: 11 4. If you have lived there for fewer than five years, where did you live before: 12 Northern District of California United States District Court 13 5. Your place of birth: 14 6. Your marital status: 15 [ ] Single [ ] Married [ ] Separated [ ] Divorced [ ] Widowed 16 7. What is your occupation and how long have you worked in it? 17 (If you are retired, please describe your main occupation when you were working). 18 19 20 8. Who is (or was) your 21 employer? 22 9. If you have held this job for fewer than five years, describe your previous job: 23 24 10. If you are married, please list your spouse's occupation. 25 26 11. If you have children, please list their ages and genders and, if they are employed, 27 please give their occupations. 28 8 1 UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF CALIFORNIA CALIFORNIA CALIFORNIA 3 Case #: Case #: Case #: Plntf Exhibit Plntf Exhibit Plntf Exhibit 4 No No No Date Date Date Admitted: Admitted: Admitted: 5 By: By: By: 6 Nichole Peric, Deputy Clerk Nichole Peric, Deputy Clerk Nichole Peric, Deputy Clerk UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF CALIFORNIA CALIFORNIA CALIFORNIA 8 Case #: Case #: Case #: Plntf Exhibit Plntf Exhibit Plntf Exhibit 9 No No No Date Date Date Admitted: Admitted: Admitted: 10 By: By: By: 11 Nichole Peric, Deputy Clerk Nichole Peric, Deputy Clerk Nichole Peric, Deputy Clerk UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF Northern District of California United States District Court CALIFORNIA CALIFORNIA CALIFORNIA 13 Case #: Case #: Case #: Plntf Exhibit Plntf Exhibit Plntf Exhibit No No No 14 Date Date Date Admitted: Admitted: Admitted: 15 By: By: By: Nichole Peric, Deputy Clerk Nichole Peric, Deputy Clerk Nichole Peric, Deputy Clerk 16 17 UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF 18 CALIFORNIA CALIFORNIA CALIFORNIA Case #: Case #: Case #: 19 Deft Exhibit Deft Exhibit Deft Exhibit No No No Date Date Date 20 Admitted: Admitted: Admitted: By: By: By: 21 Nichole Peric, Deputy Clerk Nichole Peric, Deputy Clerk Nichole Peric, Deputy Clerk 22 UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF CALIFORNIA CALIFORNIA CALIFORNIA 23 Case #: Case #: Case #: 24 Deft Exhibit Deft Exhibit Deft Exhibit No No No Date Date Date 25 Admitted: Admitted: Admitted: By: By: By: 26 Nichole Peric, Deputy Clerk Nichole Peric, Deputy Clerk Nichole Peric, Deputy Clerk 27 28 9