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May Can v. City and County of San Francisco

United States District Court, N.D. California

March 13, 2017

FIDELIA DEL CARMEN MAY CAN, et al., Plaintiff,
v.
CITY AND COUNTY OF SAN FRANCISCO, et al., Defendant.

          ORDER FOR PRETRIAL PREPARATION

          THELTON E. HENDERSON, JUDGE

         Good cause appearing, IT IS HEREBY ORDERED that:

         1. TRIAL DATE. Trial before the COURT JURY will begin in Courtroom No. 2 on OCT 22, 2018 at 9:00 AM. If the Court advises counsel that they must be prepared to go to trial on a trailing basis, then the trial will begin as soon after the scheduled date as possible. The trial shall last for an estimated 7 trial days. The trial of liability and damages issues SHALL SHALL NOT be separate.

         2. PRETRIAL CONFERENCE. The Court will hold a pretrial conference on Monday, OCT 15, 2018, at 3:00 PM. Counsel who intend to try the case must attend the pretrial conference.

         3. DISCOVERY.

         (a) Discovery Cutoff. All discovery, except for depositions of expert witnesses, shall be completed on or before July 9, 2018. All depositions of expert witnesses shall be completed no later than 7 calendar days before the pretrial conference.

         (b) Disclosures Regarding Expert Witnesses. Plaintiffs shall comply with Federal Rule of Civil Procedure 26(a)(2)(A) (i.e., disclose the identity of any person who may be used at trial to present expert testimony) no later than 45 calendar days before the pretrial conference. Defendants shall disclose the identity of their expert witnesses no later than 30 calendar days before the pretrial conference. The parties shall comply with the written report requirements of Federal Rule of Civil Procedure 26(a)(2)(B) within 14 calendar days of disclosing the identity of their experts. Failure to comply with these deadlines will prevent a witness from testifying as an expert.

         (c) Discovery Disputes. Unless otherwise ordered by the Court, all discovery matters are hereby referred for assignment to a magistrate judge. Please call the Courtroom Deputy at (415) 522-2047 to obtain a random assignment to a specific Magistrate Judge before filing any papers relating to discovery.

         4. PRETRIAL MOTIONS (EXCEPT MOTIONS IN LIMINE).

         The parties should file pretrial motions to resolve any purely legal substantive issues. Such issues may not be resolved by motions in limine (see page 6, paragraph 6(a)). Any party that attempts to resolve a purely legal substantive issue by a motion in limine, or by any motion filed after the deadline below, may expect the imposition of substantial sanctions for failure to comply with this order.

         All pretrial motions, except motions in limine, shall be heard no later than 45 calendar days before the scheduled trial date. Accordingly, all such motions must be noticed for hearing no later than Monday, Aug 27, 2018. They must be filed at least 35 days in advance of the hearing date, or no later than Monday, July 23, 2018. Civ. L.R. 7-2(a).

         5. PRETRIAL CONFERENCE STATEMENT.

         (a) Required Meeting and Disclosure Prior to Pretrial Conference. Lead counsel who will try the case shall meet and confer on or before Sept 19, 2018 (at I least 30 calendar days before the pretrial conference). At that time, they shall discuss:

(1) Prospects for settling the action;
(2) The preparation and content of the joint pretrial conference statement;
(3) The preparation and exchange of pretrial materials to be served and lodged ...

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