United States District Court, N.D. California
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 ...