Driver v. Pape Kenworth ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROGER DRIVER, Case No. 2:17-cv-01968 CSK 12 Plaintiff, 13 v. PRETRIAL SCHEDULING ORDER 14 PAPÉ KENWORTH, et al., 15 Defendants. 16 17 18 The parties have filed their joint trial readiness statement (ECF No. 99) and have 19 confirmed via email correspondence parties’ availability for trial. The Court issues the 20 following pretrial scheduling order.1 21 I. FINAL PRETRIAL CONFERENCE AND TRIAL 22 The final pretrial conference is set for February 10, 2025 at 10:00 a.m. in 23 Courtroom No. 25 before Magistrate Judge Chi Soo Kim. Trial counsel must appear at 24 the final pretrial conference. At the final pretrial conference, the Court will set the 25 deadlines for other trial-related deadlines, including the submission of exhibits, trial 26 briefs, proposed voir dire, jury instructions, and verdict forms. 27 1 This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636(c) on the 28 consent of all parties. (ECF No. 101.) 1 A. Joint Pretrial Statement 2 The parties shall file a joint pretrial statement pursuant to Local Rule 281(a)(2). 3 The joint pretrial statement must be filed no later than twenty-one (21) days before the 4 date set for the final pretrial conference and must also be emailed as a Word document 5 to CSKorders@caed.uscourts.gov. Separate pretrial statements are not permitted 6 unless a party is not represented by counsel. 7 The pretrial statement must cover all topics identified in Local Rule 281 with the 8 following additions and clarifications: 9 1. Statement of the Case: A concise statement of the case must be included. 10 2. Trial Length Estimate: An estimate of the length of trial must also be included. 11 Unless otherwise ordered, trial hours will be from 9:30 a.m. to 4:30 p.m., Monday 12 through Friday. 13 3. Procedural Status: A concise summary of the procedural status of the case must 14 be included, including the disposition of any motions and whether any motions are 15 still pending. 16 4. Factual Issues: The undisputed facts and disputed factual issues shall be set 17 forth in separate sections of the pretrial statement. Each fact or factual issue 18 should be numbered. For disputed factual issues, identify the cause of action or 19 defense to which the factual issue is related. 20 5. Points of Law: In the points of law section of the pretrial statement, include the 21 elements for each cause of action and each defense, with citation to the relevant 22 legal authority. 23 6. Motions In Limine: The parties shall also identify the motions in limine each party 24 reasonably anticipates filing. 25 7. Witnesses: Each party’s witness list must be submitted as a separate attachment 26 to the pretrial statement, and labeled as such. The witness list must include the 27 witness’s name; the witness’s title or position; whether the testimony is offered in- 28 person or by deposition; whether the witness is designated as an expert; and a 1 concise statement of the anticipated subjects of testimony. Pursuant to Local Rule 2 281, only individuals on the witness list submitted with the pretrial statement will 3 be permitted to testify at trial, except as may be otherwise provided in the pretrial 4 order. The witness’s address does not need to be included. 5 8. Exhibits: Each party’s exhibit list must be submitted as a separate attachment to 6 the pretrial statement, and labeled as such. Plaintiff’s exhibits shall be listed 7 numerically; Defendant’s exhibits shall be listed alphabetically. All exhibits must 8 be identified with a reasonable amount of detail, including: bates numbers; 9 document/file date; and a concise description. Pursuant to Local Rule 281, only 10 exhibits on the exhibit list submitted with the pretrial statement will be permitted to 11 be offered at trial, except as may be otherwise provided in the pretrial order. 12 B. Motions In Limine 13 Motions in limine shall be filed fourteen (14) days before the date set for the final 14 pretrial conference. Any opposition shall be filed seven (7) days before the date set for 15 the final pretrial conference. No replies shall be filed. The parties should be prepared to 16 argue their motions in limine at the final pretrial conference. The Court will endeavor to 17 rule on motions in limine before trial begins to assist the parties in their trial preparations. 18 C. Trial 19 A jury trial is set for March 3, 2025 at 9:30 a.m., in Courtroom No. 25. The parties 20 recently confirmed their trial length estimate to two weeks via email correspondence 21 between the parties and the courtroom deputy. The parties previously estimated two to 22 three weeks for trial (ECF No. 99 at 2). 23 II. MODIFICATIONS OF THIS SCHEDULING ORDER 24 This case schedule will become final without further order of the Court unless 25 written objections are filed within fourteen (14) days of the entry of this order. The parties 26 are reminded that pursuant to Federal Rule of Civil Procedure 16(b)(4), this order shall 27 not be modified except by leave of Court upon a showing of “good cause.” See Johnson 28 v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). Agreement by the parties 1 | pursuant to a stipulation does not constitute good cause. Nor does the unavailability of 2 || witnesses or counsel, except in extraordinary circumstances, constitute good cause. 3 Any request or stipulation to modify this scheduling order must set forth the 4 | following: 5 (1) the existing date; 6 (2) whether there have been prior requests for extensions, and whether these were 7 granted or denied by the Court; and 8 (3) specific, concrete reasons supporting good cause for granting the extension. For 9 example, if the reason for the requested extension is that it “will promote 10 settlement,” the requesting party or parties must indicate the status of negotiation 11 efforts (e.g., whether a mediator has been selected, a mediation has been 12 scheduled, etc.). 13 | IT IS SO ORDERED. 14 | Dated: May 24, 2024 Cc (i $ □□ 15 CHI SOO KIM 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 4, driv.1968.17 20 21 22 23 24 25 26 27 28