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Kestros Capital Management LLC v. Kestra Investment Services LLC

United States District Court, N.D. California

May 24, 2018

KESTROS CAPITAL MANAGEMENT, LLC, Plaintiff,
v.
KESTRA INVESTMENT SERVICES, LLC, et al., Defendants.

          PRETRIAL ORDER

          JACQUELINE SCOTT CORLEY United States Magistrate Judge

         Following the Initial Case Management Conference held on May 24, 2018, IT IS ORDERED THAT:

         I. CASE MANAGEMENT SCHEDULE

Deadline to Move to Amend Pleadings:

August 2, 2018

Fact Discovery Cut-Off:

October 4, 2018

Expert Witness Disclosures:

October 25, 2018

Rebuttal Expert Witness Disclosures:

November 14, 2018

Expert Discovery Cutoff:

December 13, 2018

Deadline for Hearing Dispositive Motions:

February 7, 2019

         The parties are referred for a settlement conference with a magistrate judge to occur within 60 days or as soon thereafter as is convenient to the magistrate judge. The parties agreed at the case management conference that they would cooperate to ensure that all discovery needed for meaningful settlement discussions is completed prior to the settlement conference. The principals of both companies are required to attend the settlement conference. In particular, as discussed at the case management conference, Kestra's CEO must attend the settlement conference in person.

         A further Case Management Conference is scheduled for September 20, 2018 at 1:30 PM in Courtroom F, 450 Golden Gate Ave., San Francisco, CA. An updated Joint Case Management Conference Statement is due September 13, 2018.

         II. TRIAL DATE

         A. Jury trial will begin on May 20, 2019, at 8:30 a.m., in Courtroom F, 15th Floor, U.S. District Court, 450 Golden Gate, San Francisco, California.

         B. 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 April 18, 2019, 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, organized by instruction number.

         4. File a joint set of proposed voir dire questions supplemented as necessary by separate requests.

         5. File trial briefs on any controlling issues of law.

         6. File proposed verdict forms, joint or separate.

         7. File and serve any objections to exhibits.

         8. File a joint simplified Statement of the Case to be read to the jury during voir dire as part of the proposed jury instructions. Unless the case is extremely ...


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