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Case4:12-cv-02705-DMR Document31 Filed01/04/13 Page1 of 7

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CESAR CRUZ,

Plaintiff,

v.

SKY CHEFS, INC., ET AL,
Defendants.

________________________________/

No. C-12-2705-DMR
CASE MANAGEMENT AND PRETRIAL
ORDER FOR JURY TRIAL

1.

TRIAL DATE
a.

Jury trial will begin on 10/27/2014 at 9:00 a.m. at the U.S. District Court, 1301 Clay
Street, Oakland, California. For courtroom number and floor information, please check the Court’s
on-line calendar at www.cand.uscourts.gov one week prior to trial, or call Ivy Garcia (Judge Ryu’s
Courtroom Deputy) at (510) 637-3639.

b.

The length of the trial will be not more than 10 days. The Court may shorten the
allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side.
Court hours for trial normally are 9:00 a.m. to 3:00 p.m., subject to the Court’s availability.
2.

DISCOVERY AND EXPERT DISCLOSURES
a.
b.
c.

Deadline for Expert Disclosures and Reports on Class Certification issues 2/1/2013.
Close of Class Certification Discovery 6/19/2013.
Close of Expert and Non-Expert discovery on the merits to be set by the Court.

CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

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Case4:12-cv-02705-DMR Document31 Filed01/04/13 Page2 of 7

3.

4.

MOTIONS
Deadline for filing of Motion for Class Certification 8/16/2013.
Hearing on the Motion for Class Certification to be set by the Court.
The last day for hearing dispositive motions shall be on 8/14/2014 at 11:00 a.m.
PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on 10/15/14 at 3:00 p.m. Lead counsel who will

try the case (or the party if pro se) must attend. The timing of disclosures required by Federal
Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by this order.

b.

9/16/2014, thirty (30) days prior to the date of the pretrial conference, lead counsel

shall meet and confer regarding:

(1)
(2)

Preparation and content of the joint pretrial conference statement;
Preparation and exchange of pretrial materials to be served and lodged
pursuant to paragraph 5(c) below; and
Settlement of the action.

(3)
9/26/2014, twenty (20) days prior to the pretrial conference, counsel and/or parties

c.

shall:

(1)

Serve and file a joint pretrial statement that includes the pretrial disclosures
required by Federal Rule of Civil Procedure 26(a)(3) as well as the following
supplemental information:
(a)

The Action.
(i)

(ii)

Substance of the Action. A brief description of the substance
of claims and defenses which remain to be decided.
Relief Prayed. A detailed statement of all the relief claims,
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.

CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

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Case4:12-cv-02705-DMR Document31 Filed01/04/13 Page3 of 7

(i)

(ii)

(iii)

(iv)

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.
Disputed Factual Issues. A plain and concise statement of all
disputed factual issues which remain to be decided.
Agreed Statement. A statement assessing whether all or part of
the action may be presented upon an agreed statement of facts.
Stipulations. A statement of stipulations requested or proposed
for pretrial or trial purposes.

(c)

Disputed Legal Issues.

Without extended legal argument, a concise statement of each
disputed point of law concerning liability or relief, citing
supporting statues and decisions.

(d)

Trial Preparation.
(i)

Witnesses to Be Called. With regard to witnesses disclosed
pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A),
a brief statement describing the substance of the testimony to
be given.
Estimate of Trial Time. An estimate of the number of hours
needed for the presentation of each party’s case, indicating
possible reductions in time through proposed stipulations,
agreed statements of facts, or expedited means of presenting
testimony and exhibits.
Use of Discovery Responses. Designate excerpts from
discovery that the parties intend to present at trial, other than
solely for impeachment or rebuttal, from depositions
specifying the witness page and line references, from

(ii)

(iii)

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Case4:12-cv-02705-DMR Document31 Filed01/04/13 Page4 of 7

interrogatory answers, or from responses to requests for
admission.

(e)

(f)

Trial Alternatives and Options.
(i)

Settlement Discussion. A statement summarizing the status of
settlement negotiations and indicating whether further
negotiations are likely to be productive.
Amendments, Dismissals. A statement of requested or
proposed amendments to pleadings or dismissals of parties,
claims or defenses.

(ii)

Miscellaneous.
Any other subjects relevant to the trial of the action or material to its
just, speedy and inexpensive determination.

(2)

(3)

(4)

(5)

Serve and file trial briefs, motions in limine (including any motion regarding
the qualifications or testimony or any expert witness), proposed voir dire
questions, jury instructions, verdict forms and excerpts from discovery that
will be offered at trial (include a copy of the deposition testimony or
admission). The parties shall submit proposed jury instructions jointly. If
there are any instructions on which the parties cannot agree, those instructions
may be submitted separately. The parties shall submit a jointly prepared
proposed form of verdict, or, if the parties cannot agree, their respective
proposals;
Serve and file an exhibit setting forth the qualifications and experience for
each expert witness;
Serve and file a list of each party’s exhibits by number (plaintiff) or letter
(defendant), including a brief statement describing the substance and purpose
of each exhibit and the name of the sponsoring witness;
Exchange exhibits which shall be premarked (plaintiff shall use umbers;
defendant shall use letters) and tabbed; and

CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

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Case4:12-cv-02705-DMR Document31 Filed01/04/13 Page5 of 7

(6)

Deliver two sets of all premarked exhibits to chambers (exhibits are not to be
filed).

No party shall be permitted to call any witness or offer any exhibit in its case in chief that is

not disclosed in its pretrial statement without leave of the Court and for good cause.

d.

10/6/2014, ten (10) days prior to the pretrial conference, after meeting and

conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and
file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any
objections to witnesses, including the qualifications of an expert witness; (3) any objection to
proposed voir dire questions, jury instructions and verdict forms that the parties have been unable in
good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed.

All motions in limine and objections shall be heard at the pretrial conference.

6.

e.
JURY TRIAL
a.

The attached voir dire questionnaire (or similar) shall be given or presented to the venire
members to be answered orally in Court. Counsel shall submit an agreed upon set of additional voir dire
questions to be posed by the Court. Any voir dire questions on which counsel cannot agree may be
submitted separately. Counsel shall be allowed brief follow-up voir dire after the Court's questioning.

b.

The following jury instructions from the Ninth Circuit Manual of Model Civil Jury

Instructions (available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given absent
objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed upon set of
case specific instructions, using the Ninth Circuit Manual where appropriate. Do not submit
duplicates of those listed above. Any instructions on which counsel cannot agree may be submitted
separately. Each requested instruction shall be typed in full on a separate page with citations to the
authority upon which it is based and a reference to the party submitting it. A second blind copy of
each instruction and verdict form shall also be submitted omitting the citation to authority and the
reference to the submitting party.
7.
All documents filed with the Clerk of the Court shall list the civil case number followed by
the initials "DMR". One copy shall be clearly marked as a chambers copy. Chambers’ copies shall
be three-hole punched at the left side, suitable for insertion into standard binders. In addition,

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Case4:12-cv-02705-DMR Document31 Filed01/04/13 Page6 of 7

Counsel shall email copies of all proposed jury instructions, motions in limine, forms of verdict and
trial briefs in a standard word processing format (and not .pdf format) to [email protected]

Dated: January 4, 2013





_______________________________________
DONNA M. RYU
United States Magistrate Judge

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CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

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Case4:12-cv-02705-DMR Document31 Filed01/04/13 Page7 of 7

JUROR QUESTIONNAIRE

Please stand and recite the information listed below.

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

Name
City of Residence
Occupational Status
Organizations
Hobbies
Marital Status
Spouse’s Occupation
Children, Ages
If Juror on Another Case
If Ever a Grand Juror
If Ever in Military

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CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL

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