United States District Court, N.D. California
PRETRIAL SCHEDULING ORDER
JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE.
Following
the initial Case Management Conference held on December 5,
2019, IT IS ORDERED THAT:
I.CASE
MANAGEMENT SCHEDULE
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Deadline to Move to Amend Pleadings:
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February 6, 2020
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Fact Discovery Cut-Off:
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June 1, 2020
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Expert Witness Disclosures:
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June 8, 2020
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Rebuttal Expert Witness Disclosures:
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June 22, 2020
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Deadline for Filing Dispositive Motions:
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July 29, 2020
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Expert Discovery Cutoff:
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July 29, 2020
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Deadline for Hearing Dispositive Motions:
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September 10, 2020
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The
parties are referred to Judge Cousins for a settlement
conference to occur as soon as is convenient for Judge
Cousins. A further Case Management Conference is scheduled
for March 19, 2020 in Courtroom F, 450 Golden Gate Ave., San
Francisco, CA. An updated Joint Case Management Conference
Statement is due March 12, 2020.
II.
TRIAL DATE
A. Jury
trial will begin on January 11, 2021, at 8:30 a.m., in
Courtroom E, 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 6
court days.
III.
PRETRIAL CONFERENCE
A Final
Pretrial Conference shall be held on December 10, 2020, at
2:00 p.m., in Courtroom E, 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 ...