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Woodard v. Gale

United States District Court, N.D. California

September 6, 2019

LEO WOODARD, Plaintiff,
CHRIS GALE, et al., Defendants.

          PRETRIAL ORDER NO. 2


         Following the Further Case Management Conference held on September 5, 2019, IT IS ORDERED THAT:


Deadline to Move to Amend Pleadings:

October 31, 2019

Fact Discovery Cut-Off:

January 17, 2020

Expert Witness Disclosures:

February 7, 2020

Rebuttal Expert Witness Disclosures:

February 21, 2020

Deadline for Hearing Dispositive Motions:

March 12, 2020

Expert Discovery Cutoff:

March 13, 2020

         On or before Monday, September 9, 2019 Plaintiff shall communicate with the assigned mediator as to whether the mediator is available October 16, 17, 21, 22 or 23, 2019 for a mediation. Defendants shall be copied on all communications with the mediator. If the mediator is available any of those days, Defendants shall determine if the appropriate carrier and party representatives are available on the selected date(s) and have the mediation scheduled for that date.

         On or before September 13, 2019 Defendants shall advise Plaintiff if Defendants are withdrawing any of their affirmative defenses. If an affirmative defense is withdrawn, Defendants do not need to answer any interrogatories regarding the withdrawn affirmative defense(s).

         Defendants shall take Plaintiff's deposition on September 17, 2019. If Defendants still have issues with interrogatories, counsel shall meet and confer in person at Plaintiff's deposition.

         Defendants shall provide Plaintiff with a blank medical authorization form by September 6, 2019. Plaintiff shall provide Defendants with a completed form by September 13, 2019.

         A further telephone Case Management Conference is scheduled for September 19, 2020 at 1:30 p.m. The parties shall make arrangements with the Court's Deputy Clerk to appear by telephone. No. updated statements are due. The Court will address any outstanding discovery issues at the telephone conference.

         II. TRIAL DATE

         A. Jury trial will begin on April 27, 2020, 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.


         A Final Pretrial Conference shall be held on April 16, 2020, 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 ...

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