United States District Court, N.D. California, San Francisco Division
CASE-MANAGEMENT AND PRETRIAL ORDER (JURY)
BEELER United States Magistrate Judge.
court held a case-management conference on March 16, 2017 and
issues this case-management and pretrial order.
GENERALLY APPLICABLE RULES
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”).
CASE-MANAGEMENT AND TRIAL DATES
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
Filing Date/Disclosure Deadline/Hearing Date
Date to seek leave to add new parties or amend the
Updated joint case-management-conference statement
Further case-management conference
7/27/2017 at 11:00 a.m.
ADR completion date
Non-expert discovery completion date
Expert disclosures required by Federal Rules of Civil
Rebuttal expert disclosures
Expert discovery completion date
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
Pretrial filings due
Oppositions, objections, exhibits, and depo
Final pretrial conference
2/22/2018 at 1:00 p.m.
3/5/2018 at 8:30 a.m.
Length of trial
ALTERNATIVE DISPUTE RESOLUTION
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.
parties must comply with the procedures regarding discovery
and discovery disputes in Judge Beeler's standing order.
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.
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.
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
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
PRETRIAL FILINGS AND PROCEDURES
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.
30 Days Before Final Pretrial Conference: Serve (But Not
File) Motions In Limine.
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.
23 Days Before Final Pretrial Conference: Serve (But Not
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.
21 Days Before Final Pretrial Conference.
The parties must file the following:
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.
Joint Proposed Pretrial Order (instead of a pretrial
conference statement) with the following:
(a) a brief description of the claims and defenses to be
(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
(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
Attachments to Be Appended to the Joint Proposed
The filing must be filed as separate attachments to the joint
Signed Stipulations in a form that can be introduced
as evidence at trial;
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
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
Joint proposed verdict form or separate verdict
forms if a joint form is not possible.
Joint voir dire questions supplemented by any separate
Any proposed jury questionnaire that differs from
the court's standard questionnaire appended at the end of
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.
Separate Memoranda on Disputed Jury
Each party must file a memorandum of law - organized by
instruction number - regarding ...