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Adams v. City of Hayward

United States District Court, N.D. California

July 28, 2016

TERRI ADAMS, Plaintiff,
v.
CITY OF HAYWARD, et al., Defendants.

          CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL

          KANDLIS A. WESTMORE, UNITED STATES MAGISTRATE JUDGE

         1. TRIAL DATE

         a. Jury trial will begin on February 6, 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 5 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 September 19, 2016.

         b. Experts shall be disclosed and reports provided by September 19, 2016.

         c. Rebuttal experts shall be disclosed and reports provided by October 3, 2016.

         d. All discovery from experts shall be completed by October 17, 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

         As ordered by the Court.

         5. PRETRIAL CONFERENCE

         a. A pretrial conference shall be held on January 24, 2017 at 3:00 p.m. Lead counsel who will try the case (or the party if pro se) must attend. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by this order.

         b. By December 27, 2016, thirty (30) days prior to the date of the pretrial conference, lead counsel shall meet and confer regarding:

(1) Preparation and content of the joint pretrial conference statement;
(2) Preparation and exchange of pretrial materials to be served and lodged pursuant to paragraph 5(c) below; and
(3) Settlement of the action.

         c. By January 6, 2017, twenty (20) days prior to the pretrial conference, counsel and/or parties shall:

(1) Serve and file a joint pretrial statement that includes the pretrial disclosures required by Federal Rule of Civil Procedure 26(a)(3) as well as the following supplemental information:
(a) The Action.
(i) Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided.
(ii) Relief Prayed. A detailed statement of all the relief claims, particularly itemizing all elements of damages claimed as well as witnesses, documents or other evidentiary material to be ...

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