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McCann v. Jupina

United States District Court, N.D. California

April 27, 2017

WILLIAM DENIS MCCANN, Plaintiff,
v.
DAVID JUPINA, et al., Defendants.

          PRETRIAL ORDER

          JACQUELINE SCOTT CORLEY United States Magistrate Judge

         On April 27, 2017 hearing on Defendants' motion to dismiss and Plaintiff's motion to strike expert reports, the Court and the parties discussed a schedule for the rest of this case. Following that discussion, IT IS ORDERED THAT:

         I. CASE MANAGEMENT SCHEDULE

         Expert Discovery Cutoff: June 30, 2017 Deadline for Hearing Dispositive Motions: August 31, 2017

         II. TRIAL DATE

         A. Jury selection will occur on October 31, 2017 at 11:00 a.m. in Courtroom F, 15th Floor, U.S. District Court, 450 Golden Gate Avenue, San Francisco, California.

         B. Jury trial will begin on November 6, 2017, at 8:30 a.m., in Courtroom F, 15th Floor.

         C. The Court is expecting the length of the trial to not exceed 10 court days.

         III. PRETRIAL CONFERENCE

         A Final Pretrial Conference shall be held on October 12, 2017, at 2:00 p.m., in Courtroom F, 15th Floor. Lead trial counsel for each party shall attend.

         A. At least seven days prior to date of the Final Pretrial Conference the parties shall do the following:

         1. In lieu of preparing a Joint Pretrial Conference Statement, the parties shall meet and confer in person, and then prepare and file a jointly signed Proposed Final Pretrial Order that contains: (a) a brief description of the substance of claims and defenses which remain to be decided; (b) a statement of all relief sought; (c) all stipulated facts; (d) a joint exhibit list in numerical order, including a brief description of the exhibit and Bates numbers, a blank column for when it will be offered into evidence, a blank column for when it may be received into evidence, and a blank column for any limitations on its use; and (e) each party's separate witness list for its case-in-chief witnesses (including those appearing by deposition), including, for all such witnesses (other than party plaintiffs or defendants), a short statement of the substance of his/her testimony and, separately, what, if any, non-cumulative testimony the witness will offer. For each witness, state an hour/minute time estimate for the direct examination (only). Items (d) and (e) should be submitted as appendices to the proposed order. The proposed order should also state which issues, if any, are for the Court to decide, rather than the jury.

         2. File a joint set of proposed instructions on substantive issues of law arranged in a logical sequence. If undisputed, an instruction shall be identified as “Stipulated Instruction No.___ Re___, ” with the blanks filled in as appropriate. If disputed, each version of the instruction shall be inserted together, back to back, in their logical place in the overall sequence. Each such disputed instruction shall be identified as, for example, “Disputed Instruction No___. Re___ Offered by___, ” with the blanks filled in as appropriate. All disputed versions of the same basic instruction shall bear the same number. Any modifications to a form instruction must be plainly identified. If a party does not have a counter version and simply contends that no such instruction in any version should be given, then that party should so state (and explain why) on a separate page inserted in lieu of an alternate version. With respect to form preliminary instructions, general instructions, or concluding instructions, please simply cite to the numbers of the requested instructions in the current edition of the Ninth Circuit Model Jury Instructions. Other than citing the numbers, the parties shall not include preliminary, general, or concluding instructions in the packet.

         3. File a separate memorandum of law in support of each party's disputed instructions, if any, ...


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