Pedersen v. Bankers Life and Casualty Company et al

Northern District of California, cand-4:2015-cv-01472

PRETRIAL ORDER NO. 2 RE: SECOND PRETRIAL CONFERENCE. Signed by Judge Yvonne Gonzalez Rogers on 10/6/16.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 DANIELA PEDERSEN, 7 CASE NO. 15-CV-1472 YGR PLAINTIFF, 8 V. PRETRIAL ORDER NO. 2 RE: SECOND 9 PRETRIAL CONFERENCE CNO SERVICES, LLC DBA BANKERS LIFE 10 AND CASUALTY COMPANY, BANKERS LIFE ALSO RE: DKT. NOS. 89 AND 91 AND CASUALTY COMPANY, SAM DOE AND 11 DOES 1-20, 12 DEFENDANT. Northern District of California United States District Court 13 Having considered the filings to date and the arguments and other submissions at the 14 Second Pretrial Conference, held on October 5, 2016, and for good cause shown, the Court enters 15 the following orders: 16 1. Renumbering of Claims: Plaintiff's Claims are hereby renumbered as follows: 17 a. Claim 1 (originally Claim No. 1) – Sex/Pregnancy Discrimination in Violation 18 of Cal. Gov. Code § 12940(a) 19 b. Claim 2 (originally Claim No. 4) – Disability Discrimination in Violation of Cal. 20 Gov. Code § 12900 et. seq. 21 c. Claim 3 (originally Claim No. 5) – Failure to Accommodate a Disability in 22 Violation of Cal. Gov. Code § 12940(a) 23 d. Claim 4 (originally Claim No. 6) – Failure to Engage in the Interactive Process 24 in Violation of Cal. Gov. Code § 12940(a) 25 e. Claim 5 (originally Claim No. 7) – Failure to Prevent Discrimination in 26 Violation of Cal. Gov. Code § 12940 et seq. 27 f. Claim 6 (originally Claim No. 14) – Wrongful Termination in Violation of 28 Public Policy and Government Code §§ 12940 et seq. 1 g. Claim 7 (originally Claim No. 9) – Failure to Pay Wages in a Timely Manner 2 (Labor Code §§ 200-204 et. seq. and 206 et. seq.) 3 h. Claim 8 (originally Claim No. 11) – Failure to Reimburse Expenses (Labor 4 Code § 2802) 5 2. Meet and Confer on Stipulations: The parties are ordered to meet and confer on the 6 manner in which factual stipulations shall be presented to the jury, as well as the same for 7 interrogatories and requests for admission. The parties are to provide a joint statement on 8 these issues to the Court by no later than Monday, October 10, at noon. 9 3. Revisions to Jury Instructions: The parties are ordered to meet and confer on revising the 10 jury instructions in conformance with the Court's instructions at the October 5 hearing. 11 The revised instructions are to be filed with the Court by Monday, October 10, at 10 a.m. 12 4. Rulings on Jury Instructions: Northern District of California United States District Court 13 a. The following jury instructions are denied: Nos. 32, 34, 35, 36, 37, 38, 39, 40, and 14 49. 15 b. The following jury instruction is withdrawn: No. 59. 16 5. Further Briefing on Jury Instructions: With respect to Jury Instruction No. 53 17 (Wrongful Discharge in Violation of Public Policy), the parties are ordered to provide 18 briefing on the legal basis for and against including the following: "To establish this claim 19 [for wrongful discharge in violation of public policy], Ms. Pedersen must prove all of the 20 following: . . . That Ms. Pedersen's attempts to enforce her right to reimbursement, right to 21 payment of her wages, right to be free from discrimination, or right to protected leave 22 under state and federal law were a substantial motivating reason for Ms. Pedersen's 23 discharge." The parties shall file their briefs by Monday, October 10, at noon. Each 24 brief shall not exceed five (5) pages. 25 6. Electronic Equipment Use at Trial 26 a. The Court authorizes defendant to bring into the courtroom and utilize the 27 following equipment for trial: a T60 presentation laptop, three Lenovo laptop(s), a 28 keyboard and mouse, power strip(s), extension cord(s) and miscellaneous cables. 2 1 Docket No. 89 is GRANTED. 2 b. The Court authorizes plaintiff to bring into the courtroom and utilize the following 3 equipment for trial: four (4) laptops; four (4) cell phones; all cables, adaptors, 4 extension cords, VGA switch, power strips, and tape necessary. Docket No. 91 is 5 GRANTED. 6 7. Recess: Court is in recess until Tuesday, October 11, at 8:00 a.m. 7 8 IT IS SO ORDERED. 9 Dated: October 6, 2016 10 ______________________________________ YVONNE GONZALEZ ROGERS 11 UNITED STATES DISTRICT COURT JUDGE 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 3