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Cuevas v. Golden Gate Bridge

United States District Court, N.D. California, San Francisco Division

March 24, 2017

NEPTALI CUEVAS, Plaintiff,
v.
GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT, Defendant.

          CASE-MANAGEMENT AND PRETRIAL ORDER (JURY)

          LAUREL BEELER United States Magistrate Judge.

         The court held a case-management conference on March 16, 2017 and issues this case-management and pretrial order.

         I. GENERALLY APPLICABLE RULES

         Parties must comply with the procedures in the Federal Rules of Civil Procedure, the local rules, the general orders, Judge Beeler's standing order, and the Northern District's general standing order for civil cases titled “Contents of Joint Case Management Statement.” Local rules, general orders, general standing orders, and a summary of the general orders' electronic filing requirements (including the procedures for emailing proposed orders to chambers) are available at http://www.cand.uscourts.gov (click “Rules” or “ECF-PACER”).

         II. CASE-MANAGEMENT AND TRIAL DATES

         All hearings will be held in Courtroom C, 15th Floor, U.S. District Court, 450 Golden Gate Avenue, San Francisco, California. The following are the disclosure, filing, and hearing dates:

Case Event

Filing Date/Disclosure Deadline/Hearing Date

Date to seek leave to add new parties or amend the pleadings

9/14/2017

Updated joint case-management-conference statement

7/23/2017

Further case-management conference

7/27/2017 at 11:00 a.m.

ADR completion date

7/20/2017

Non-expert discovery completion date

10/27/2017

Expert disclosures required by Federal Rules of Civil Procedure

10/27/2017

Rebuttal expert disclosures

11/13/2017

Expert discovery completion date

12/28/2017

Last hearing date for dispositive motions and/or further casemanagement conference

12/14/2017 at 9:30 a.m.

Meet and confer re pretrial filings

1/8/2018

Pretrial filings due

1/25/2018

Oppositions, objections, exhibits, and depo designations due

2/1/2018

Final pretrial conference

2/22/2018 at 1:00 p.m.

Trial

3/5/2018 at 8:30 a.m.

Length of trial

5 days

         III. ALTERNATIVE DISPUTE RESOLUTION

         The parties agree to participate in a settlement conference before Magistrate Judge Jacqueline Scott Corley to occur by the date specified in the above chart if possible. The settlement judge will contact the parties with a date and time for the settlement conference. The parties must notify the court promptly if the case resolves.

         IV. DISCOVERY PROCEDURES

         A. The parties must comply with the procedures regarding discovery and discovery disputes in Judge Beeler's standing order.

         B. Each side is limited to ten depositions and twenty-five interrogatories, as provided by Federal Rules of Civil Procedure 30 and 33, absent a further court order.

         C. If the ADR specified in the previous section is being conducted before the discovery cutoff deadline, counsel must meet and confer in person or by telephone no later than 21 days before the ADR and before preparing any exchanged or confidential settlement statements required by the ADR process. The purpose of the meeting is to identify and exchange whatever discovery is needed for all sides to evaluate the case for settlement. Counsel must cooperate in providing discovery informally and expeditiously before ADR.

         In addition, before the parties participate in the ADR specified in the previous section, each party is limited to three depositions each absent stipulation or a further order of the court.

         V. MOTIONS

         The parties must file any motions, oppositions, and reply briefs on the schedule set forth in Civil L. R. 7. The parties also must follow all procedures in Judge Beeler's standing order.

         VI. PRETRIAL FILINGS AND PROCEDURES

         The court's procedures require the parties to confer in person to resolve disputes, reach stipulations, avoid duplicate and cumulative exhibits and witnesses, and ensure an orderly trial. The following sections address filing deadlines and the procedures that the parties must follow when submitting their pretrial filings and exhibits.

         A. 30 Days Before Final Pretrial Conference: Serve (But Not File) Motions In Limine.

         Each motion must be in a separate memorandum entitled “[Party's Name's] Motion in Limine [#] to Exclude [Subject], ” be limited to circumstances requiring advance ruling, and be no longer than seven pages absent leave of court. Usually five motions in limine are sufficient.

         B. 23 Days Before Final Pretrial Conference: Serve (But Not File) Oppositions.

         Each opposition must be in a separate memorandum entitled "[Parties Name's] Opposition to Motion in Limine [#] to Exclude [Subject]” and be no longer than seven pages absent leave of court. There will be no replies.

         C. 21 Days Before Final Pretrial Conference.

The parties must file the following:

         1. Motions in Limine.

The moving party will collate and file each motion and opposition back-to-back, which means there will be one paired set for each motion in limine on the docket.

         2. Joint Proposed Pretrial Order (instead of a pretrial conference statement) with the following:

(a) a brief description of the claims and defenses to be decided;
(b) a statement of the relief sought;
(c) all stipulated, undisputed facts;
(d) all disputed fact issues to be tried, organized by count and described with the same specificity as any contested element in the jury instructions;
(e) each disputed legal issue with citations but without extended argument;
(f) the parties' stipulations;
(g) the parties' estimates of total trial time; and
(h) the status of settlement negotiations and whether further negotiations might be productive. The proposed order must specify which issues are for the court to decide instead of the jury.

         3. Attachments to Be Appended to the Joint Proposed Order.

The filing must be filed as separate attachments to the joint proposed order:

         (a) Signed Stipulations in a form that can be introduced as evidence at trial;

         (b) Joint Exhibit List with columns for exhibit number, description and bates range, offered into evidence, admitted into evidence, sponsoring witness, and limits on use (see below regarding numbering and organization of exhibits); and

         (c) Each party's separate witness list for case-in-chief witnesses (including those appearing by deposition) with a short summary of the testimony, specifying their non-cumulative testimony, and an hour-and-minute time estimate per witness. Experts and witnesses not included in the witness list may not be used in a party's case-in-chief.

         (d) Joint proposed verdict form or separate verdict forms if a joint form is not possible.

         (e) Joint voir dire questions supplemented by any separate requests.

         (f) Any proposed jury questionnaire that differs from the court's standard questionnaire appended at the end of this order.

         4. Joint Jury Instructions (Disputed and Undisputed).

The instructions must include a table of contents, be arranged in a logical numerical sequence, and be supported by citations (with pin cites) to the authority for the instruction (e.g., to the Ninth Circuit Model Jury Instructions, the California Civil Jury Instructions, and/or case law). If undisputed, an instruction must be labeled “Stipulated Instruction.” If disputed, the parties' versions must bear the same instruction number, be labeled with the sponsoring party's name, and be inserted back to back in the logical place in the overall sequence. If the opposing party does not have a counter instruction and instead contends that no instruction should be given, the party should say so in a separate page inserted in lieu of the alternate instruction. If the parties modify a form instruction, they must identify the modification clearly and include the form instruction in the packet. If the parties agree to form preliminary instructions, general instructions, and concluding instructions, they may cite the numbers of the instructions in the current version of the Ninth Circuit Manual of Model Civil Jury Instructions (http://www.ce9.uscourts.gov) but do not need to include them in the packet. The parties must include a short statement of the case to be read to the jury during voir dire as part of the preliminary instructions.

         5. Separate Memoranda on Disputed Jury Instructions.

Each party must file a memorandum of law - organized by instruction number - regarding ...


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