United States District Court, N.D. California
CIVIL PRETRIAL ORDER
William H. Orrick, United States District Judge.
A jury
trial has been set in this matter for April 13, 2020,
beginning at 8:30 A.M. with an attorney conference and jury
selection to follow thereafter. A Pretrial Conference has
been set for March 30, 2020 at 2:00 P.M.
The
following scheduling deadlines and hearing dates have been
set:
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 ...