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Resilient Floor Covering Pension Fund v. Three Rivers Flooring, Inc.

United States District Court, N.D. California

July 17, 2019

RESILIENT FLOOR COVERING PENSION FUND, et al., Plaintiffs,
v.
THREE RIVERS FLOORING, INC., et al., Defendants.

          CIVIL PRETRIAL ORDER

          William H. Orrick, United States District Judge.

         A bench trial has been set in this matter for February 24, 2020, beginning at 8:00 A.M. A Pretrial Conference has been set for February 3, 2020 at 2:00 P.M.

         The following scheduling deadlines and hearing dates have been set:

Fact discovery cutoff:

July 1, 2019

Expert discovery cutoff:

September 1, 2019

Dispositive Motions heard by:

November 27, 2019

         1. Pretrial Conference and Statement

         Not less than 28 days prior to the Pretrial Conference, counsel shall exchange (but not file or lodge) the papers described in Civil L.R. 16-10(b)(7), (8), (9) and (10), and any motions in limine.

         At least 21 days before the Pretrial Conference, lead trial counsel shall meet and confer with respect to:

• Preparation and content of the joint pretrial conference statement;
• Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and filed pursuant to this Order. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the Pretrial Conference; and
• Settlement.

         At least 14 days prior to the Pretrial Conference, the parties shall file a joint pretrial conference statement containing the following information:

         a. The Action

(i) Substance of the Action. A brief description of the substance of claims and defenses that remain to be decided.
(ii) Relief Prayed. A detailed statement of all the relief claimed, particularly itemizing all elements of damages claimed as well as witnesses, documents, or other evidentiary material to be presented concerning the amount of those damages.

         b. The Factual Basis of the Action

(i) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits.
(ii) Disputed Factual Issues. A plain and concise statement of all disputed factual issues that remain to be decided.
(iii) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts.
(iv) Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes.

         c. Disputed Legal Issues

(i) Points of Law. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions setting forth briefly the nature of each party's contentions concerning each disputed point of law, including procedural and evidentiary issues.
(ii) Proposed Conclusions of Law. If the case is to be tried without a jury, unless otherwise ordered, parties should briefly indicate objections to proposed conclusions of law.

         d. Trial Preparation

(i) Witnesses to be Called. A list of all witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given.
(ii) Exhibits, Schedules and Summaries. A list of all documents and other items to be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief statement following each describing its substance or purpose and the identity of the sponsoring witness. Unless otherwise ordered, parties will indicate their objections to the receipt in evidence of exhibits and materials lodged and that counsel have conferred respecting such objections.
(iii) Estimate of Trial Time. An estimate of the number of court days needed for the presentation of each party's case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits.
(iv) Use of Discovery Responses. Counsel shall cite possible presentation at trial of evidence, other than solely for impeachment or rebuttal, through use of excerpts from depositions, interrogatory answers, or responses to requests for admission. Counsel shall indicate any objections to use of these materials and that counsel has conferred respecting such objections.
(v) Further Discovery or Motions. A statement of all remaining discovery or motions, ...

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