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HVAC Technology LLC v. Southland Industries

United States District Court, N.D. California

July 20, 2016

HVAC TECHNOLOGY LLC, Plaintiff,
v.
SOUTHLAND INDUSTRIES, Defendant.

          CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL

          KANDIS A. WESTMORE UNITED STATES MAGISTRATE JUDGE

         1. TRIAL DATE

         a. Jury trial will begin on February 21, 2017 at 9:00 a.m. at the U.S. District Court, 1301 Clay Street, Oakland, California. For courtroom number and floor information, please check the Court’s on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call Susan Imbriani (Judge Westmore’s Courtroom Deputy) at (510) 637-3525.

         b. The length of the trial will be not more than 6 days. The Court may shorten the allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side. Court hours for trial are normally 9:00 a.m. to 3:00 p.m., subject to the Court’s availability.

         2. DISCOVERY AND EXPERT DISCLOSURES

         a. All non-expert discovery shall be completed by July 19, 2016.

         b. Experts shall be disclosed and reports provided by July 31, 2016.

         c. Rebuttal experts shall be disclosed and reports provided by August 31, 2016.

         d. All discovery from experts shall be completed by September 30, 2016.

         3. PRETRIAL MOTIONS

         a. The last day for hearing dispositive motions shall be November 17, 2016.

         b. Only one summary judgment motion may be filed by each side, absent leave of 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 to Civ. L. R. 7-11, or by requesting a case management conference or informal telephone conference.

         c. Separate statements of undisputed facts in support of or in opposition to motions for summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may file a truly joint statement of undisputed facts only if all parties agree that the facts are undisputed.

         d. Objections to evidence may no longer be filed separately but must be contained within the opposition or reply brief or memorandum. Civil L. R. 7-3.

         e. Each party filing or opposing a motion shall also serve and file a proposed order which sets forth the relief or action sought and a short statement of the rationale of decision, including citation of authority that the party requests the court to adopt.

         f. Chambers copies of each electronically-filed dispositive motion must include on each page the running header created by the ECF system and must be delivered to the Clerk's Office by noon the day following its filing. All documents must be stapled or bound by a two-pronged fastener, and all exhibits to declarations or requests for judicial notice must be tabbed.

         g. In addition, counsel shall email copies of all motions for summary judgment in standard Word format (.doc or .docx, and not .pdf format) to kawpo@cand.uscourts.gov.

         4. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE

         The parties are ordered to complete ADR on or before November 25, 2016.

         5. PRETRI ...


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