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The Clorox Co. v. Factory Mutual Insurance Co.

United States District Court, N.D. California

September 26, 2019

THE CLOROX COMPANY, Plaintiff,
v.
FACTORY MUTUAL INSURANCE COMPANY, Defendant.

          PRETRIAL ORDER

          JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE

         Following the Initial Case Management Conference held on September 26, 2019, IT IS ORDERED THAT:

         I.CASE MANAGEMENT SCHEDULE

         Deadline to Move to Amend Pleadings: November 15, 2019

         Fact Discovery Cut-Off: May 15, 2020

         Expert Witness Disclosures: June 1, 2020

         Rebuttal Expert Witness Disclosures: June 30, 2020

         Expert Discovery Cutoff: July 30, 2020

         Last Day to File Dispositive Motions: July 30, 2020

         Deadline for Hearing Dispositive Motions: September 17, 2020

         By October 4, 2019, the parties shall file a stipulated e-discovery and protective order, or if they cannot agree, separate draft orders with statements explaining the issues in dispute.

         The parties shall meet and confer regarding the discovery necessary prior to mediation. In particular, Defendant shall provide Plaintiff with copies of any third-party subpoenas prior to service so that the parties can meet and confer regarding any disputes. Plaintiff will review Defendant’s initial disclosures and identify any additional documents it seeks prior to mediation.

         A further Case Management Conference is scheduled for November 7, 2019 at 1:30 p.m. in Courtroom F, 450 Golden Gate Ave., San Francisco, CA. An updated Joint Case Management Conference Statement is due October 31, 2019.

         II. TRIAL DATE

         A. Jury trial will begin on November 2, 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 5 court days.

         III. PRETRIAL CONFERENCE

         A Final Pretrial Conference shall be held on October 22, 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 ...

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