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Hofer v. Emley

United States District Court, N.D. California

November 14, 2019

BRIAN HOFER, et al., Plaintiffs,
KYLE EMLEY, et al., Defendants.


          Jacqueline Scott Corley United States Magistrate Judge

         Following the initial Case Management Conference held on November 14, 2019, IT IS ORDERED THAT:


Deadline to Move to Amend Pleadings:

February 6, 2020

Fact Discovery Cut-Off:

June 15, 2020

Expert Witness Disclosures:

July 15, 2020

Rebuttal Expert Witness Disclosures:

July 29, 2020

Deadline for Hearing Dispositive Motions:

September 10, 2020

Expert Discovery Cutoff:

August 23, 2020

         A further Case Management Conference is scheduled for February 20, 2020 in Courtroom F, 450 Golden Gate Ave., San Francisco, CA. An updated Joint Case Management Conference Statement is due February 13, 2020. At the conference the Court will discuss with the parties when they will be ready for a magistrate judge settlement conference and, in particular, whether they can go forward without depositions.

         II. TRIAL DATE

         A. Jury trial will begin on December 14, 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 4 court days.


         A Final Pretrial Conference shall be held on November 19, 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 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 complex, this statement should not exceed one page.

         B. Any motions in limine shall be submitted as follows: at least twenty (20) calendar days before the conference, the moving party shall serve, but not file, the opening brief. At least ten (10) 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 seven (7) calendar days before the conference. Each motion should be presented in a separate memorandum and properly identified, for example, “Plaintiff's Motion in Limine No. 1 to Exclude . . . .” Each party is limited to bringing five motions in limine. The parties are encouraged to ...

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