McBride v. Pentagon Technologies Group, Inc. et al

Northern District of California, cand-4:2015-cv-02696

ORDER FOR PRETRIAL PREPARATION. Signed by Judge Saundra Brown Armstrong on 1/28/16.

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 FRANK A MCBRIDE, 7 Case No. 15-cv-02696-SBA Plaintiff, 8 v. ORDER FOR PRETRIAL 9 PREPARATION PENTAGON TECHNOLOGIES 10 GROUP, INC., et al., 11 Defendants. Northern District of California 12 United States District Court Pursuant to Rule 16(e) of the Federal Rules of Civil Procedure ("FRCP"), IT IS 13 HEREBY ORDERED AS FOLLOWS: 14 A. DEADLINE FOR JOINDER OF PARTIES/AMENDING THE 15 PLEADINGS 16 The deadline for the joinder of other parties and to amend the pleadings is: 17 Completed. 18 B. DISCOVERY CUT-OFF 19 All discovery, except for expert discovery, shall be completed and all depositions taken on or before 8/31/16. The parties are responsible for scheduling discovery 20 so that motions to resolve discovery disputes can be heard before the above discovery cut- 21 off. 22 C. EXPERT DESIGNATION AND DISCOVERY 23 Plaintiff shall designate any experts by 8/31/16; defendant by 8/31/16; 24 rebuttal disclosure by 9/21/16. Any expert not so named may be disallowed as a witness. No expert will be permitted to testify to any opinion, or basis or support for an opinion, that 25 has not been disclosed in response to an appropriate question or interrogatory from the 26 opposing party. Expert discovery shall be completed by 10/12/16. 27 28 D. MOTION CUT-OFF 1 All dispositive motions shall be heard on or before11/9/16, at 1:00 p.m. 2 The parties must meet and confer prior to filing any motion. The movant shall certify to the Court in its moving papers that it has complied with this requirement. Should the parties 3 fail to meet and confer, the Court may decline to entertain the motion. 4 THE COURT DOES NOT RESERVE MOTION HEARING 5 DATES. The parties are advised to check Judge Armstrong's calendar at www.cand.uscourts.gov/sba, under Scheduling Information to determine the next available 6 hearing date, particularly in the case of a dispositive motion. The parties are advised not to 7 wait until 35 days prior to the law and motion cut-off date to file and serve their motion. As the Court's law and motion calendar tends to fill quickly, there is no guarantee that a hearing 8 date within the law and motion cut-off date will be available. You MUST submit a hard 9 copy of all motion papers filed in E-FILED cases in order to be placed on calendar. 10 Page Limits: All noticed motions (other than motions for summary judgment) and any opposition thereto, shall not exceed fifteen (15) pages in length, 11 exclusive of the table of contents, table of authorities, exhibits and declarations, if required. Reply briefs may not exceed ten (10) pages in length. Motions for summary judgment are Northern District of California 12 United States District Court subject to the page limits set forth in Civil Local Rule 7. 13 14 Meet and Confer Requirement: All parties are required to meet and confer in good faith before filing any motion or any non-stipulated request with this court, 15 and to certify that they have complied with this requirement. 16 Failure to Oppose: The failure of the opposing party to file a 17 memorandum of points and authorities in opposition to any motion shall constitute a consent to the granting of the motion. 18 19 Summary Judgment: Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court. Separate 20 statements of undisputed facts will not be considered. Joint statements of undisputed facts are not required, but are helpful if agreed upon. 21 22 Hearing on Motions: Note that pursuant to Civil L.R. 7-1(b), the Court may, in its discretion, adjudicate motions without oral argument. 23 24 E. MANDATORY SETTLEMENT CONFERENCES 25 All parties are ordered to participate in a mandatory settlement conference during the following time period: 11/14/16-12/30/16 26 27 F. PRETRIAL CONFERENCE 28 All Counsel who will try the case shall appear for a pretrial conference 2 on 2/8/17 at 1:00 p.m. All Counsel shall be fully prepared to discuss all aspects of the trial. 1 Failure to file the requisite pretrial documents in advance of the pretrial conference may 2 result in vacation of the pretrial conference and/or the imposition of sanctions. ALL PARTIES WITH SETTLEMENT AUTHORITY ARE REQUIRED TO ATTEND THE 3 PRETRIAL CONFERENCE. 4 G. PRETRIAL PREPARATION DUE: 1/4/17 5 Prior to the date pretrial preparation is due, Counsel shall meet and 6 confer in good faith in advance of complying with the following pretrial requirements in 7 order to clarify and narrow the issues for trial, arrive at stipulations of facts, simplify and shorten the presentation of proof at trial, and explore possible settlement. In addition, 8 Counsel shall meet and confer regarding anticipated motions in limine, objections to 9 evidence, jury instructions, and any other matter which may require resolution by the Court. The following items 1 through 8 below shall be filed and served by the above-referenced 10 date. 11 1. Joint Pretrial Statement Northern District of California 12 United States District Court Counsel are required to file a pretrial conference statement 13 containing the following information: 14 (a) The Action 15 (i) Substance of the Action. A brief description of the 16 substance of claims and defenses which remain to be decided 17 (ii) Relief Prayed. A detailed statement of all the relief 18 claimed, particularly itemizing all elements of damages claimed as well as witnesses, 19 documents or other evidentiary material to be presented concerning the amount of those damages. 20 (b) The Factual Basis of the Action 21 22 (i) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputable, as well as which facts parties will stipulate for 23 incorporation into the trial record without the necessity of supporting testimony or exhibits. 24 (ii) Disputed Factual Issues. A plain and concise 25 statement of all disputed factual issues which remain to be decided. 26 (iii) Agreed Statement. A statement assessing whether 27 all or part of the action may be presented upon an agreed statement of facts. 28 (iv) Stipulations. A statement of stipulations requested or 3 proposed for pretrial or trial purposes. 1 2 (c) Disputed Legal Issues 3 (i) Points of Law. Without extended legal argument, a 4 concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. Unless otherwise ordered, parties should cite to briefs 5 served and lodged setting forth briefly the nature of each party's contentions concerning each disputed point of law, including procedural and evidentiary issues. 6 7 (ii) Proposed Conclusions of law. If the case is to be tried without jury, unless otherwise ordered, parties should briefly indicate objections to 8 proposed conclusions of law lodged with this Court. 9 2. Trial Briefs 10 Each party shall serve and file a trial brief which shall briefly 11 state their contentions, the relevant facts to be proven at trial, and the law on the issues material to the decision. Northern District of California 12 United States District Court 13 3. Findings of Fact 14 In non-jury cases, each party shall serve and lodge with the 15 Court proposed findings of fact and conclusions of law on all material issues. Findings shall be brief, clear, written in plain English and free of pejorative language, and argument. 16 17 4. Witnesses 18 Each party shall serve and file with the Court a list of all persons 19 who may be called as witnesses. The list shall include a summary of the substance of each witness' proposed testimony. 20 5. Designation of Discovery Excerpts 21 22 Each party expecting to use discovery excerpts as part of its case in chief shall serve and lodge with the Court a statement identifying (1) by witness and page 23 and line, all deposition testimony and (2) by lodged excerpt, all interrogatory answers and 24 request for admissions to be used as part of its direct case. Each interrogatory answer intended to be offered as an exhibit shall be copied separately and marked as an exhibit. The 25 original of any deposition to be used at trial must be produced at the time of trial, as well as a copy for the Court. Counsel shall indicate any objections to the use of these materials and 26 advise the Court that counsel has conferred respecting such objections. 27 6. Jury Instructions 28 4 The parties shall file a joint set of proposed jury instructions as 1 to those instructions on which the parties have reached agreement. As to any disputed 2 instructions, each party shall separately submit its "proposed" instruction(s) supported by a memorandum setting forth the authority for its use. Responses or objections to any 3 "proposed" jury instruction shall be filed no later than the date of the pretrial conference. 4 All instructions shall be written in plain English which is comprehensible to jurors, concise and free of argument, and shall be organized in a logical fashion so as to aid jury 5 comprehension, and are also to be provided on a CD in a word format. The Court's practice is to utilize, whenever possible, instructions found in the Ninth Circuit Manual of Model 6 Jury Instructions. 7 7. Jury Voir Dire and Verdict Forms 8 9 Each party shall submit proposed questions for jury voir dire and a proposed form of verdict. 10 8. Exhibits 11 Each party shall provide every other party one set of all exhibits, Northern District of California 12 United States District Court charts, schedules, summaries and diagrams and other similar documentary materials to be 13 used at the trial together with a complete list of all such exhibits. The Court requires one 14 original version of exhibits (as described above) for the Clerk and two copies (one for the Bench and one for the witness stand). All such versions of the exhibits, including the 15 originals, should be indexed into a binder for easy and quick reference by all parties. The first page of each binder should have a copy of the exhibit list (see attached) appropriately 16 completed with each exhibit description and its designated number. Plaintiffs shall refer to 17 their exhibits numerically and Defendants shall label theirs alphabetically. Exhibit labels are also attached for your convenience. Exhibits should be brought to Court on the first day of 18 trial. 19 9. Motions in Limine and Objections to Evidence 20 Each party anticipating making motion(s) in limine and/or 21 objection(s) to any testimony or exhibits expected to be offered shall file and serve a 22 statement briefly identifying each item objected to and the grounds for the objection. The parties must meet and confer prior to filing any motion in limine and objection to evidence. 23 The movant shall certify to the Court in its moving papers that it has complied with this 24 requirement. 25 NOTE: All motions in limine submitted by each party shall be set forth in a single memorandum, not to exceed ten (10) pages in length. Responses to the 26 motions in limine shall be set forth in a single memorandum, not to exceed ten (10) pages in 27 length. Reply briefs shall not exceed six (6) pages. No motions in limine will be considered unless the parties certify that they met and conferred prior to the filing of such motion. Any 28 request to exceed the page limit must be submitted prior to the deadline for these briefs and 5 muust be suppoorted by a showing s of good causee, along withh a certificaation that thhe applicantt 1 hass met and conferred with the oppo osing party.. 2 (a) Mottions/Objections due:: 1/11/17 3 4 (b) Opp position du ue: 1/18/17 5 (c) Rep ply due: 1/25/17 6 H. TRIIAL DATE E 7 Triaal before thee Jury will bbegin on 2//13/17, at 8::30 a.m., foor an 8 esttimated 4-5 trial days, or as soon thereafter t aas the Courtt may designate. The pparties are 9 advvised that thhey must bee prepared to t go to triaal on a trailiing basis. T The trial wiill take place at 1300 Clay Street, S 2nd Floor, Cou urtroom 2100, Oakland, California, 94612 (loccated insidee 10 thee U.S. Bank kruptcy Cou urthouse). The T Court'ss trial hourss are from 88:30 a.m. to 2:00 p.m., witth two fifteen-minute breaks, b on Monday, M W Wednesday, Thursday aand Friday. On the firsst 11 dayy of trial alll parties arre required to have som meone in C Court with ffull Settlemment Auuthority. Northern District of California 12 United States District Court 13 I. TRA ANSCRIPT TS 14 w be requeested duringg or immeddiately after the trial, If transcripts will 15 arrrangements must be maade with the Court Repporter Coorrdinator (Teelephone NNo. 510-637- 3534) at least one week prior p to the commenceement of triaal commencces. 16 17 J. STA ATUS AND D DISCOV VERY CON NFERENCES 18 Anyy party desirring to conffer with thee Court mayy, upon notiice to all 19 oth her parties, arrange a conference through t the courtroomm deputy (Teelephone No. 510-637-- 354 42). Confeerences may y be conduccted telephoonically, upon request (preferablyy in writing)). 20 K. SAN NCTIONS 21 22 Failure to comp ply with thiis order mayy result in tthe impositiion of san nctions purssuant to FR RCP 16(f). 23 IT IS SO S ORDER RED. 24 25 Daated: Januarry 28, 2016 __________________________________ 26 SA AUNDRA BROWN A ARMSTRO ONG U United Statess District Juudge 27 28 6