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Mosley v. Wells Fargo Bank NA

United States District Court, N.D. California

May 25, 2018

MARLENE JEAN MOSLEY, Plaintiff,
v.
WELLS FARGO BANK NA, et al., Defendants.

          PRETRIAL ORDER FOR BENCH TRIAL

          JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE

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

         I. CASE MANAGEMENT SCHEDULE

Deadline for Expert Disclosures:

September 14, 2018

Deadline for Expert Rebuttal Reports:

October 12, 2018

Discovery Cut-Off:

November 2, 2018

Deadline for Filing Dispositive Motions:

December 6, 2018

         The parties are referred to the Northern District of California's mediation panel for mediation to occur with 90 days. See ADR L.R. 6-2.

         II. TRIAL DATE

         A. A bench trial shall begin on March 25, 2019, at 8:30 a.m., in Courtroom F, 15th Floor, U.S. District Court, 450 Golden Gate Avenue, San Francisco, California.

         B. The length of the trial will not exceed two days.[1]

         III. PRETRIAL CONFERENCE

         A Final Pretrial Conference shall be held on February 21, 2019, at 2:00 p.m., in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco. Lead trial counsel shall attend the Conference.

         IV. TRIAL PROCEDURES

         A. Counsel and unrepresented parties shall not prepare a Joint Pretrial Conference Statement. Instead, twenty (20) calendar days in advance of the Final Pretrial Conference, please do the following:

1. In lieu of preparing a Joint Pretrial Conference Statement, the parties shall meet and confer telephonically or in person to 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 list of all factual issues that remain to be tried and organized by counts; (e) 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 (f) each party's separate witness list for its case-in-chief witnesses (including those appearing by deposition) providing, for all such witnesses other than an individual plaintiff and an individual defendant, a short statement of the substance of his/her testimony and, separately, what, if any, non-cumulative testimony the witness will offer. If non-cumulative testimony is not spelled out, the Court will presume the witness is cumulative. For each witness, state an hour/minute time estimate for the direct examination (only). Items (e) and (f) should be appendices to the proposed order. The objective is to convert the proposed order to a final order with the benefit of any discussion at the Final Pretrial Conference.
2. File each side's proposed Findings of Fact and Conclusions of Law;
3. File each side's Trial Brief;
4. Serve Motions in Limine. At least twenty (20) calendar days before the conference, the responding party shall serve the opposition. There will be no reply. When the oppositions are received, the moving party should collate the motion and the opposition together, back to back, and then file the paired sets at least twenty (20) calendar days before the conference. Each motion should be presented in a separate memo and properly identified, for example, “Plaintiff's Motion in Limine No. 1 to Exclude . . . .” Please limit Motions in Limine to circumstances that really need a ruling in advance and each party may file no more than five motions in limine. Each ...

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