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Case 2:10-cv-09292-PA -AGR Document 50 Filed 07/27/11 Page 1 of 18 Page ID #:426

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JONAH ANSELL,

Plaintiff,

v.

DANIEL S. LAIKIN, et al.,

Defendants.

Case No. CV 10-9292 PA (AGRx)

SCHEDULING ORDER [FED. R. CIV. P.
16(b)]

1.

2.

3.

4.

Establishing a Discovery Cut-off
Date of April 30, 2012

Setting Motion Cut-off date of May
7, 2012

Setting Final Pretrial Conference for
June 15, 2012, at 1:30 p.m.

Setting Jury Trial Date of July 10,
2012, at 9:00 a.m.

1. Discovery Cut-Off. This is the last date to complete discovery, including expert

discovery, and the resolution of any discovery motions before the magistrate judge. If
expert witnesses are to be called at trial, the parties shall designate experts to be called at
trial and provide reports required by Fed. R. Civ. P. 26(a)(2)(B), not later than eight weeks
prior to the discovery cutoff date. Rebuttal expert witnesses shall be designated and reports
provided as required by Fed. R. Civ. P. 26(a)(2)(B), not later than five weeks prior to the
discovery cutoff date. Failure to timely comply with this deadline may result in the expert
being excluded at trial as a witness. The Court requires compliance with Local Rule 37-1

Case 2:10-cv-09292-PA -AGR Document 50 Filed 07/27/11 Page 2 of 18 Page ID #:427

and 37-2 in the preparation and filing of discovery motions. Discovery motions may not be
heard on an ex parte basis.

2.

Joinder of Parties and Amendment of Pleadings. The deadline for joining parties
and amending pleadings is listed in the "Schedule of Trial and Pretrial Dates" issued by the
Court. Any motions to join other parties or for leave to amend the pleadings shall be filed
and served at least twenty-eight (28) days prior to the hearing deadline as required by Local
Rule 6-1 so that they can be heard and decided prior to the deadline. This deadline does not
apply if the deadline for joining parties or amending pleadings has already been calendared
or occurred by virtue of an order issued by this Court or another court.

In addition to the requirements of Local Rule 15-1, all motions to amend the

pleadings shall (1) state the effect of the amendment; (2) be serially numbered to
differentiate the amendment from previous amendments and (3) state the page, line
number(s), and wording of any proposed change or addition of material.

For the Court’s ease of reference, the moving party shall submit to chambers a

redlined version of the amended pleading.

3. Motion Filing Cut-Off. The Court hears motions on Mondays at 1:30 p.m. The
motion filing cut-off date is the last day motions may be heard (not filed). The Court will
not decide late motions. Issues left undetermined by the passage of the motion cut-off date
should be listed as issues for trial in the Final Pretrial Conference Order. As an exception to
the above, motions in limine dealing with evidentiary matters may be heard at or before trial;
however, summary judgment motions disguised as motions in limine will not be heard.
Parties need not wait until the discovery cut-off to bring motions for summary judgment or
partial summary judgment. However, in the usual case, the Court expects that more than the
minimum notice will be provided to counsel opposing motions for summary judgment. In
the usual case, the parties should confer and agree on the date for setting such motions.

Ex parte applications are entertained solely for extraordinary relief. See Mission

Power Eng. Co. v. Continental Casualty Co., 883 F.Supp. 488 (C.D. Cal. 1995). Strict

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adherence to proper ex parte procedures is required for any ex parte application filed with
the Court.

4. Stipulations to Extend Time. Stipulations to extend the time to file any required

document or to continue any pretrial or trial date must set forth:

(a) the existing due date or hearing date;
(b) the current pretrial conference date and trial date;
(c) the specific reasons supporting good cause for granting the extension or

continuance. For example, a statement that a continuance “will promote settlement” or that
the parties decided to suspend discovery while engaging is settlement discussions is
insufficient.

(d) whether there have been any prior requests for extensions or continuances, and

whether these were granted or denied by the Court.

5. Summary Judgment Motions. The Separate Statement of Undisputed Facts is to be

prepared in a two column format. The left hand column should set forth the allegedly
undisputed fact. The right hand column should set forth the evidence that supports the
factual statement. The fact statements should be set forth in sequentially numbered
paragraphs. Each paragraph should contain a narrowly focused statement of fact. Each
numbered paragraph should address a single subject in as concise a manner as possible.
The opposing party’s statement of genuine issues must be in two columns and
track the movant’s separate statement exactly as prepared. The document must be in two
columns; the left hand column must restate the allegedly undisputed fact, and the right hand
column must indicate either undisputed, or disputed. The opposing party may dispute all or
only a portion of the statement, but if disputing only a portion, must clearly indicate what
part is being disputed. Where the opposing party is disputing the fact in whole or part, the
opposing party must, in the right hand column, label and restate the moving party’s evidence
in support of the fact, followed by the opposing party’s evidence controverting the fact.
Where the opposing party is disputing the fact on the basis of an evidentiary objection, the

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party must cite to the evidence alleged to be objectionable and state the ground of the
objection and nothing more. No argument should be set forth in this document.

The opposing party may submit additional material facts that bear on or relate to

the issues raised by the movant, which shall follow the format described above for the
moving party’s separate statement. These additional facts shall follow the movant’s facts,
shall continue in sequentially numbered paragraphs (i.e., if movant’s last statement of fact
was set forth in paragraph 30, then the first new fact will be set forth in paragraph 31), and
shall set forth in the right hand column the evidence that supports that statement.

The moving party, in its reply, shall respond to the additional facts in the same
manner and format that the opposition party is required to adhere to in responding to the
statement of undisputed facts, as described above.

(a) Supporting Evidence. No party should submit any evidence other than the

specific items of evidence or testimony necessary to support or controvert a proposed
statement of undisputed fact. Thus, for example, the entire transcript of a deposition, entire
sets of interrogatory responses, and documents that do not specifically support or controvert
material in the separate statements, should not be submitted in support or opposition to a
motion for summary judgment. Any such material will not be considered.

Evidence submitted in support or opposition to a motion should be submitted
either by way of stipulation or as exhibits to declarations sufficient to authenticate the
proffered evidence, and should not be attached to the Memorandum of Points and
Authorities. The Court will accept counsel’s authentication of deposition transcript, of
written discovery responses, and of the receipt of documents in discovery if the fact that
the document was in the opponent’s possession is of independent significance.
Documentary evidence as to which there is no stipulation regarding foundation must be
accompanied by the testimony, either by declaration or properly authenticated deposition
transcript, of a witness who can establish its authenticity.

If evidence in support of or in opposition to a motion exceeds twenty pages, the

evidence must be in a separate bound volume and include a Table of Contents.

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(b) Objections to Evidence. If a party disputes a fact based in whole or in part on
an evidentiary objection, the ground of the objection, as indicated above, should be stated in
the separate statement but not argued in that document. Evidentiary objections are to be
addressed in a separate memorandum to be filed with the opposition or reply brief of the
party. This memorandum should be organized to track the paragraph numbers of the
separate statement in sequence. It should identify the specific item of evidence to which
objection is made, the ground of the objection, and a very brief argument with citation to
authority as to why the objection is well taken. The following is an example of the format
contemplated by the Court:

Separate Statement Paragraph 1: Objection to the supporting
deposition transcript of Jane Smith at 60:1-10 on the grounds
that the statement constitutes inadmissible hearsay and no
exception is applicable. To the extent it is offered to prove her
state of mind, it is irrelevant since her state of mind is not in
issue.
Fed. R. Evid. 801, 802.

Do not submit blanket or boilerplate objections to the opponent’s statements of

undisputed fact: these will be disregarded and overruled.

(c) The Memorandum of Points and Authorities. The movant’s memorandum of
points and authorities should be in the usual form required under Local Rule 7 and should
contain a narrative statement of facts as to those aspects of the case that are before the Court.
All facts should be supported with citations to the paragraph number in the Separate
Statement that supports the factual assertion and not to the underlying evidence.

Unless the case involves some unusual twist on Rule 56, the motion need only
contain a brief statement of the Rule 56 standard; the Court is familiar with the Rule and
with its interpretation under Celotex and its progeny. If at all possible, the argument should
be organized to focus on the pertinent elements of the cause(s) of action or defense(s) in

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issue, with the purpose of showing the existence or non-existence of a genuine issue of
material fact for trial on that element of the claim or defense.

Likewise, the opposition memorandum of points and authorities should be in the

usual form required by Local Rule 7, and where the opposition memorandum sets forth
facts, the memorandum should cite to paragraphs in the separate statement if they are not in
dispute, to the evidence that contravenes the fact where the fact is in dispute, or, if the fact is
contravened by an additional fact in the statement of genuine issues, the citation should be to
such fact by paragraph number.

(d) Timing. In virtually every case, the Court expects that the moving party will

provide more than the minimum twenty-eight (28) day notice for such motions. The moving
party shall submit a copy of the Statement of Uncontroverted Facts and Conclusions of Law
to the Court’s ECF e-mail address, in WordPerfect format (X3 or earlier versions) or
Microsoft Word (Word 2003 or earlier versions).

6. Motions in Limine. Before filing any motion in limine, counsel for the parties

shall confer pursuant to Local Rule 7-3 in a good faith effort to eliminate the necessity for
hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be
the responsibility of counsel for the moving party to arrange for this conference. The
conference shall take place in person within seven days of service upon opposing counsel of
a letter requesting such conference. Unless counsel agree otherwise, the conference shall
take place at the office of the moving party. If both counsel are not located in the same
county in the Central District, the conference may take place by telephone. The moving
party’s letter shall identify the testimony, exhibits, or other specific matters alleged to be
inadmissible and/or prejudicial, shall state briefly with respect to each such matter the
moving party’s position (and provide any legal authority which the moving party believes is
dispositive), and specify the terms of the order to be sought.

(a) If counsel are unable to resolve their differences, they shall prepare a Joint

Motion in Limine. The Joint Motion in Limine shall consist of one document signed by all
counsel. The Joint Motion in Limine shall contain a clear identification of the testimony,

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exhibits, or other specific matters alleged to be inadmissible and/or prejudicial and a
statement of the specific prejudice that will be suffered by the moving party if the motion is
not granted. The identification of the matters in dispute shall be followed by each party’s
contentions and each party’s memorandum of points and authorities. The title page of the
Joint Motion in Limine must state the hearing date for the motions in limine and the trial
date.

(b) Unless otherwise ordered by the Court, motions in limine will be heard on the

date indicated in the Schedule of Trial and Pretrial Dates issued by the Court. Unless the
Court in its discretion otherwise allows, no motions in limine shall be filed or heard on an ex
parte basis absent a showing of irreparable injury or prejudice not attributable to the lack of
diligence of the moving party. The moving party shall serve its portion of the Joint Motion
in Limine on the responding party fourteen (14) days prior to the date for filing of motions
in limine indicated in the Schedule of Trial and Pretrial Dates. The responding party shall
then serve the opposition portion of the Joint Motion in Limine on the moving party both on
paper and in an electronic format seven (7) days prior to the date for the filing of motions in
limine. The moving party shall incorporate the responding party’s portion into the Joint
Motion in Limine, add its arguments in reply, and file and serve the Joint Motion in Limine.
Neither party’s portions of a Joint Motion in Limine shall exceed eight (8) pages.

(c) Joint Motions in Limine made for the purpose of precluding the mention or

display of inadmissible and/or prejudicial matter in the presence of the jury shall be
accompanied by a declaration from the moving party that includes the following: (1) a clear
identification of the specific matter alleged to be inadmissible and/or prejudicial; (2) a
representation to the Court that the subject of the motion in limine has been discussed with
opposing counsel, and that opposing counsel has either indicated that such matter will be
mentioned or displayed in the presence of the jury before it is admitted in evidence or that
counsel has refused to stipulate that such matter will not be mentioned or displayed in the
presence of the jury unless and until it is admitted in evidence; and (3) a statement of the

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specific prejudice that will be suffered by the moving party if the motion in limine is not
granted.

(d) Unless ordered by the Court, no supplemental or separate memorandum of

points and authorities shall be filed by either party in connection with any motion in limine.

(e) The Court will not consider any motion in limine in the absence of a joint

motion or a declaration from counsel for the moving party establishing that opposing
counsel: (1) failed to confer in a timely manner; (2) failed to provide the opposing party’s
portion of the joint motion in a timely manner; or (3) refused to sign and return the joint
motion after the opposing party’s portion was added.

(f) The failure of any counsel to comply with or cooperate in the foregoing

procedures will result in the imposition of sanctions, including a resolution of the issue
against the party refusing to cooperate.

7. Pretrial Conference and Trial Setting. Compliance with the requirements of Local
Rule 16 is mandatory. Counsel shall submit carefully prepared Memoranda of Contentions
of Fact and Law (which may also serve as the trial briefs) and Proposed Pre-Trial
Conference Order (“PTCO”) in accordance with the provisions of Local Rules 16-2.8
through 16-6. The Proposed Pre-Trial Conference Order shall conform to the example set
forth in Appendix A to the Local Rules, modified as necessary to comply with this order.
The Memoranda of Contentions of Fact and Law, Exhibit Lists, and Witness Lists
shall be served and filed no later than fourteen (14) days before the Pre-Trial Conference.
The Proposed Pre-Trial Conference Order shall be filed fourteen (14) days before the Pre-
Trial Conference.

The Proposed Pre-Trial Conference Order must contain a Table of Contents. Place

in all capital letters and in bold the separately numbered headings for each category in the
PTCO. Under paragraph 1, list each claim, counterclaim, or defense that has been dismissed
or abandoned. In multiple party cases where not all claims or counterclaims will be
prosecuted against all remaining parties on the other side, please specify to which party each
claim or counterclaim directed. The factual issues in dispute should track the elements of a

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claim or defense upon which the jury would be required to make findings. Counsel should
state issues in ultimate fact form, not as evidentiary fact issues (i.e., “was the defendant
negligent,” “was defendant’s negligence the proximate cause of plaintiff’s injury;” not “was
the plaintiff standing on the corner of 5th and Spring at 10:00 a.m. on May 3”). Issues of
law should state legal issues upon which the Court will be required to rule after the Pre-Trial
Conference, including during the trial, and should not list ultimate fact issues to be
submitted to the trier of fact.

In drafting the PTCO, the Court expects that counsel will attempt to agree on and

set forth as many non-contested facts as possible. The Court will normally read the
uncontested facts to the jury at the start of the trial. Carefully drafted and comprehensively
stated stipulation of facts will reduce the length of trial and increase jury understanding of
the case.

If expert witnesses are to be called at trial, each party must list and identify its
respective expert witnesses, both retained and non-retained. Failure of a party to list and
identify an expert witness in the Proposed Pre-Trial Conference Order shall preclude a party
from calling that expert witness at trial.

This case has been placed on calendar for a Final Pretrial Conference (“PTC”)

pursuant to F. R. Civ. P. 16 and Local Rule 16-1, unless the PTC was expressly waived at
the Scheduling Conference by the Court. Unless excused for good cause, each party
appearing in this action shall be represented at the PTC and all pretrial meetings of counsel,
by lead trial counsel. The failure to attend the PTC or to submit the required pretrial
documents may result in the dismissal of the action, striking the answer and entering a
default, and/or the imposition of sanctions.

A continuance of the Final Pretrial Conference at counsel’s request or stipulation is
highly unlikely. Counsel should plan to do the necessary pretrial work on a schedule which
will insure its completion with time to spare before the Final Pretrial Conference.
Specifically, failure to complete discovery work, including expert discovery, is not a ground
for a continuance.

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Compliance with the requirements of Local Rules 16-1 to 16-13 is required by the
Court. Carefully prepared Memoranda of Contentions of Fact (which may also serve as the
trial brief) and a proposed Final Pretrial Conference Order shall be submitted in accordance
with the provisions of Local Rule 16-6 and the form of the proposed Final Pretrial
Conference Order shall be in conformity with the format set forth in Appendix A to the
Local Rules.

At the PTC, counsel should be prepared to discuss means of streamlining the trial,

including, but not limited to: bifurcation, presentation of non-critical testimony by
deposition excerpts, stipulations as to the content of testimony, presentation of testimony on
direct examination by declaration subject to cross-examination, and qualification of experts
by admitted resumes. In rare cases where the PTC is waived by the Court, counsel must
follow Local Rule 16-10.

8. Summary of Witness Testimony and Time Estimates. Counsel shall prepare a list

of their witnesses, including a brief summary (two to three paragraphs) of each witness’
expected testimony and an estimate of the length of time needed for direct examination; and
whether the witness will testify by deposition or in person. Counsel shall exchange these
lists with opposing counsel. Counsel shall jointly file a single list of witness testimony
summaries, including estimates for direct examination of their own witnesses and
estimates for cross-examination of opposing witnesses. These statements shall be filed at
the time counsel file the Proposed Pre-Trial Conference Order, i.e., fourteen (14) days
before the Pre-Trial Conference. A copy of the Joint Trial Witness Form is attached to this
Order.

If a party desires to offer deposition testimony into evidence at trial, he shall

designate only those relevant portions of same which he wishes to read at trial and advise
opposing counsel of same. Opposing counsel shall then designate those relevant portions of
such deposition which he wishes to offer in evidence. All objections to any such testimony
shall be made in writing and filed at the same time counsel file the Proposed Pre-Trial
Conference Order so the Court may consider whether ruling on such objections will either

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facilitate the conduct of the trial or result in the disposition of certain evidentiary matters
that may assist continuing settlement negotiations.

9.

Jury Instructions and Verdict Forms. Fourteen (14) days prior to counsel’s Rule

16 pre-trial meeting, counsel shall exchange proposed jury instructions (general and special)
and special verdict forms (if applicable). Seven (7) days prior to the Rule 16-2 meeting,
counsel shall exchange any objections to the instructions and
special verdict forms. Prior to, or at the time of the Rule 16 meeting, counsel shall meet and
confer with the goal of reaching agreement on one set of joint jury instructions and one
special verdict form.

The parties should make every attempt to agree upon the jury instructions before

submitting them to the Court. The Court expects counsel to agree on the substantial
majority of jury instructions, particularly when pattern instructions provide a statement of
applicable law. When the Manual of Model Civil Jury Instructions for the Ninth Circuit
provides a version of an applicable requested instruction, the parties should submit the most
recent version of the Model instruction. Where language appears in brackets in the model
instruction, counsel shall select the appropriate text and eliminate the inapplicable bracketed
text. Where California law applies, counsel should use the current edition of the Judicial
Council of California Civil Jury Instructions (“CACI”). If neither of the above sources is
applicable, counsel are directed to use the instructions from O’Malley, Grenig & Lee
(formerly Devitt, et al.), Federal Jury Practice and Instructions (latest edition). Each
requested jury instruction shall cover only one subject or principle of law and shall be
numbered and set forth in full on a separate page, citing the authority or source of the
requested instruction (except for the “clean” jury copy discussed below).

When the parties disagree on an instruction, the party opposing the instruction

must attach a short statement (one to two paragraphs) supporting the objection, and the party
submitting the instruction must attach a short statement supporting the instruction. Each
statement should be on a separate page and should follow directly after the disputed
instruction.

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The parties ultimately must submit one document or, if the parties disagree over
any proposed jury instructions, two documents. If the parties submit two documents, those
documents shall consist of: (1) a set of Joint Proposed Jury Instructions and (2) a set of
Disputed Jury Instructions, along with reasons supporting and opposing each disputed
instruction in the format set forth in the previous paragraph.

The parties must file proposed jury instructions fourteen (14) days before the Pre-
Trial Conference. If the court is closed that day, counsel shall file the proposed instructions
the preceding Friday. No later than 5:00 p.m. on the date such instructions are due, the
parties must submit conformed courtesy copies to the Court’s courtesy box located outside
the entrance to chambers on the Spring Street level of the U.S. Courthouse. Counsel shall
also submit a copy of the proposed jury instructions to the Court’s ECF e-mail address in
WordPerfect format (X3 or earlier versions) or Microsoft Word (Word 2003 or earlier
versions) in accordance with this paragraph and the previous paragraph.

The Court will send a copy of the instructions into the jury room for the jury’s use
during deliberations. Accordingly, in addition to the file copies described above, the e-mail
containing the jury instructions shall contain a “clean set” of Joint Proposed and/or Disputed
Jury Instructions, containing only the text of each instruction set forth in full on each page,
with the caption “Court’s Instruction No. __” (eliminating titles, supporting authority,
indication of party proposing, etc.).

An index page shall accompany all jury instructions submitted to the Court. The

index page shall indicate the following:

(a) The number of the instruction;
(b) A brief title of the instruction;
(c) The source of the instruction and any relevant case citations; and
(d) The page number of the instruction.
EXAMPLE:
Number

1

Title
Trademark-Defined

Source
9th Cir. 15.3.2

Page
7

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(15 U.S.C. § 1127)

Along with the jury instructions, counsel shall submit any necessary special verdict

form fourteen (14) days before the Pre-Trial Conference and e-mail any such proposed
special verdict form in WordPerfect format (X3 or earlier versions) or Microsoft Word
(Word 2003 or earlier versions) to the Court’s ECF e-mail address.

10. Voir Dire Questions. Counsel may, but need not, submit brief proposed voir dire
questions for the jury at the Pre-Trial Conference. The Court will conduct its own voir dire
after consulting any proposed voir dire submitted by counsel.

11. Joint Statement of the Case. Counsel shall submit a joint statement of the case at

the Pretrial Conference. The joint statement of the case will be read to the prospective panel
of jurors prior to the commencement of voir dire. The statement should not exceed one
page. The statement shall be filed with the Court at the Pre-Trial Conference.

12. Exhibits. The parties shall file their witness lists and exhibits lists in accordance
with Local Rule 16. Counsel are to assemble their exhibits by placing them in three-ring
binders labeled on the spine portion of the binder showing both the volume number and the
exhibit numbers. Each exhibit shall be separated by a tabbed divider on the right side.
Counsel shall provide original exhibits for the Courtroom Deputy Clerk and a duplicate set
for the judge. The original exhibits shall be tagged with the appropriate exhibit tags in the
upper or lower right corner of the first page of each exhibit. Each binder shall contain a
Table of Contents. Counsel must comply with Local Rule 26-4 when numbering the
exhibits. The Clerk’s Office, Room G-8, 312 North Spring Street, Los Angeles, California
can supply counsel with appropriate exhibit tags.

13. Pre-Trial Exhibit Stipulation. The parties shall prepare a Pre-Trial Exhibit

Stipulation which shall contain each party’s numbered list of trial exhibits, with objections,
if any, to each exhibit including the basis of the objection and the offering party’s response.
All exhibits to which there is no objection shall be deemed admitted. All parties shall
stipulate to the authenticity of exhibits whenever possible, and the Pre-Trial Exhibit

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Stipulation shall identify any exhibits whose authenticity has not been stipulated to and the
specific reasons for the party’s failure to stipulate.

The Stipulation shall be substantially in the following form:

Pre-Trial Exhibit Stipulation

Plaintiff’s Exhibits
Number

Description

Defendant’s Exhibits
Number

Description

Objection

Response to Objection

Objection

Response to Objection

The Pre-Trial Exhibit Stipulation shall be filed at the same time as counsel files the
Proposed Pre-Trial Conference Order. Failure to comply with this paragraph shall constitute
a waiver of all objections.

The Court requires the following to be submitted to the Courtroom Deputy Clerk

on the first day of trial:

(1)

(2)

(3)

(4)

The original exhibits with the Court’s exhibit tags. Plaintiff shall use
yellow tags; defendant shall use blue tags. Each tag shall be stapled to
the front of the exhibit on the upper right corner and include the case
number, case name, and exhibit number.
One bench book with a copy of each exhibit for the Court’s use, tabbed
as described above; a copy of the witness lists).
Three (3) copies of exhibit lists and a floppy disk containing the exhibit
list.
Three (3) copies of witness lists in the order in which the witnesses will
be called to testify.

All counsel are to meet no later than fourteen (14) days before trial to discuss and

agree to the extent possible on issues including foundation and admissibility.

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14. Findings of Fact and Conclusions of Law. For a non-jury trial, counsel for each

party shall file and serve proposed findings of fact and conclusions of law fourteen days
before trial. The parties should also e-mail these proposed findings of fact and conclusions
of law in WordPerfect format (X3 or earlier versions) or Microsoft Word (Word 2003 or
earlier versions) to the Court’s ECF e-mail address. Counsel for each party shall then:

(1)
(2)
(3)

Underline or highlight in red the portions which it disputes;
Underline or highlight in blue the portions which it admits; and
Underline or highlight in yellow the portions which it does not dispute,
but deems irrelevant.

Counsel may agree with a part of a finding or conclusion, disagree with a part of it

and/or consider a part of it irrelevant.

The parties should then file and serve their respective objections to the other

party’s proposed findings of fact and conclusions of law. Courtesy copies of the marked
copies shall be delivered to the courtesy box next to the entrance to chambers on the Spring
Street level of the U.S. Courthouse, 312 North Spring Street, by 12:00 noon of the business
day following filing.

15. Settlement. Local Rule 16-15.2 provides that the Settlement Conference shall be
conducted not later than 45 days before the Pretrial Conference. The Court believes that in
most cases completion of all discovery and dispositive motions will help the parties assess
their positions before they embark on the costly pre-trial process. However, in many cases,
the parties find it more difficult to settle after they have incurred the cost of all discovery
and motion practice. Accordingly, the Court strongly encourages counsel and the parties to
pursue settlement earlier.

The Court has a keen interest in helping the parties achieve settlement. If the

parties believe that it would be more likely that a settlement would be reached if they
conduct settlement conference at an earlier time than that specified by the Court, they should
conduct it at that time. In any event, the parties must file a Status Report re Settlement at the
time they file the Proposed Pretrial Order.

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Case 2:10-cv-09292-PA -AGR Document 50 Filed 07/27/11 Page 16 of 18 Page ID

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The Court will not conduct settlement conferences in non-jury cases which the

Court will try. In jury cases, the Court will conduct a settlement conference at the parties’
request if three conditions exist:

1. The parties are satisfied that the fact issues in the case will be tried to a jury;
2. All significant pre-trial rulings which Court must make have been made; and
3. The parties desire the Court to conduct the conference, understanding that if

settlement fails, the Court will preside over the trial of the case.

16. Sanctions. The failure to attend the pretrial conference or to submit in conformity
with this order, the jury instructions, pre-trial exhibit stipulation, joint statement of the case,
voir dire questions, summary of witness testimony and times estimates, proposed Pretrial
Conference Order or the memorandum of contentions of fact and law may result in the
dismissal of the action, striking the answer and entering default and/or the imposition of
sanctions.

IT IS SO ORDERED.

Dated: July 27, 2011

Revised: 10/24/05

___________________________________

Percy Anderson

UNITED STATES DISTRICT JUDGE

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