United States District Court

For the Northern District of California

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PRETRIAL ORDER Page 1 of 6

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Mehdi Saberi,

Plaintiff,

v.

BFS Retail & Commercial Operations,

Defendants.

________________________________/

No. C 08-4232 JL

AMENDED

PRETRIAL ORDER

Pursuant to Fed. R. Civ. P. 16 and Civ. L.R. 16-10(b), the following case

management and pretrial order is entered:

1. TRIAL DATE

a. Jury trial will begin on July 19, 2010 at 9:00 a.m. in Courtroom F, 15th

Floor, 450 Golden Gate Avenue, San Francisco, CA 94102.

b. The length of the trial will be not more than 5 days.

2. DISCOVERY

a. Experts shall be disclosed by April 19, 2010, rebuttal experts disclosed

by May 4, 2010.

b. All discovery from experts shall be completed by May 31, 2010.

c. All non-expert discovery shall be completed by March 31, 2010.

Case 3:08-cv-04232-JL Document 56 Filed 02/22/10 Page 1 of 6
United States District Court

For the Northern District of California

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PRETRIAL ORDER Page 2 of 6

d. In the event of a discovery dispute the parties shall use the following

procedure:

Parties shall meet and confer in person, or, if counsel are located outside the Bay

Area, by telephone, to attempt to resolve their dispute informally. A mere exchange of

letters, telephone calls, or facsimile transmissions does not satisfy the requirement to meet

and confer.

If, after a good faith effort, the parties have not resolved their dispute, they shall

prepare a concise joint statement, of five pages or less, stating the nature and status of

their dispute. The parties shall not file affidavits or exhibits. If a joint statement is not

possible, each side may submit a two-page individual statement. The Court will advise the

parties regarding the need, if any, for formal briefing or a hearing.

3. MOTIONS

All dispositive motions shall be served and filed by April 15, 2010, not less than

thirty-five (35) days prior to the scheduled hearing date. Any opposition shall be served

and filed no later than twenty-one (21) days prior to the hearing date. Any reply to the

opposition shall be served and filed no later than fourteen (14) days prior to the hearing.

Prior to a dispositive motion, the parties shall meet and confer and, at the time the motion

is filed, submit a joint statement of undisputed facts. 

4. A further Case Management Conference will be held within 30 days of

unsuccessful mediation proceedings. Parties shall jointly propose a date on a Wednesday

at 10:30 a.m.

5. PRETRIAL CONFERENCE

a. A final pretrial conference shall be held on July 7, 2010, at 11:00 a.m.,

in Courtroom F, 15th Floor. Each party shall attend personally or by counsel who will try

the case.

b. Not less than thirty (30) days prior to the date of the pretrial

conference, all counsel or parties shall meet and fulfill the requirements of Civil Local Rule

16-10(b).

Case 3:08-cv-04232-JL Document 56 Filed 02/22/10 Page 2 of 6
United States District Court

For the Northern District of California

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PRETRIAL ORDER Page 3 of 6

c. Not less than twenty (20) days prior to the pretrial conference,

counsel or parties shall

 (I) serve and file a joint pretrial statement pursuant to Local Rule 16-10

(b)(6);

The pretrial statement shall include the disclosures required by Fed. R. Civ. P.

26(a)(3) as well as the following:

THE ACTION

Substance of the Action

Relief Prayed

FACTUAL BASIS FOR THE ACTION

Undisputed Facts

Disputed Factual Issues

Agreed Statement

Stipulations

DISPUTED LEGAL ISSUES

(List)

TRIAL PREPARATION

Witnesses to be Called

Exhibits, Schedules and Summaries;

Trial

Estimate of Trial Time

Use of Discovery Responses at Trial

Further Discovery or Motions

TRIAL ALTERNATIVES AND OPTIONS

Settlement Discussions

Amendments - Dismissals

Bifurcation, Separate Trial of Issues

MISCELLANEOUS

Case 3:08-cv-04232-JL Document 56 Filed 02/22/10 Page 3 of 6
United States District Court

For the Northern District of California

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PRETRIAL ORDER Page 4 of 6

 Any other concerns of the parties

 d. At the same time that the parties file their joint pretrial statement they

shall also:

 (ii) Serve and file trial briefs, which shall specify each cause of

action and defense remaining to be tried along with a statement of the

applicable legal standard (no opposition shall be filed);

(iii) Serve and file motions in limine, which shall be contained in

one document. Motions in limine will be decided at the Pretrial

Conference.

 e. Serve and file a list of excerpts from discovery that will be offered at

trial, specifying the witness, page and line references and whether the excerpt is to be

offered in lieu of testimony or as impeachment;

 f. Serve and file a list of witnesses likely to be called at trial, in person or

by deposition, other than solely for impeachment or rebuttal, with a brief statement

describing the substance of the testimony to be given;

 g. Serve and file a numerical list of exhibits (including demonstrative

exhibits that may be admitted into evidence but not those that are purely illustrative), with a

brief statement describing the substance and purpose of each exhibit and the name of the

sponsoring witness;

 h. Exchange exhibits which shall be premarked, tabbed and in binders

(plaintiff shall use numbers and defendant shall use letters); and deliver the original and

two duplicate sets of all premarked exhibits to chambers (exhibits are not to be filed) at

least one week before trial. 

 (See Label)

 UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

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United States District Court

For the Northern District of California

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PRETRIAL ORDER Page 5 of 6

Case No. _______________

Exhibit No. ______________

Date entered: ____________

RICHARD W. WIEKING, Clerk

By: ___________________

Deputy Clerk

 j. Serve and file proposed joint voir dire questions and joint jury

instructions for cases to be tried by jury (further instructions regarding jury instructions

below);

 k. Serve and file proposed findings of fact and conclusions of law for cases

to be tried by the Court.

 l. Serve and file a proposed verdict form which contains no reference to

submitting party.

 m. Two courtesy copies of trial briefs and motions in limine shall be

provided.

 n. No party shall be permitted to call any witness or offer any exhibit in its

case in chief that is not disclosed in these pretrial filings without leave of court and for good

cause.

 6. Not less than nine calendar days prior to the pretrial conference, counsel or

parties shall serve and file any opposition or objection to those items required by section 6

(e), (f),(j), (k) and (l) of this order. Additionally, counsel or parties shall file any objections to

the qualifications of expert witnesses contained in the opposing party's witness list. 

Objections not filed as required will be deemed waived. No replies shall be filed. All

motions and objections shall be heard at the pretrial conference unless otherwise ordered.

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United States District Court

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PRETRIAL ORDER Page 6 of 6

7. JURY TRIAL

a. 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 will be allowed brief follow-up voir dire after

the Court's questioning.

b. The following jury instructions from the Manual of Model Civil Jury

Instructions for the Ninth Circuit (April 2007) will be given absent objection: 1.1B, 1.1C, 1.3,

1.6 - 1.14, 1.18, 1.19, 2.1 - 2.4, 2.11, 3.1 - 3.4.. The Ninth Circuit Manual of Model Civil

Jury Instructions is available on the web site for the U.S. District Court for the Northern

District of California at www.cand.uscourts.gov. Click on the 9th Circuit home page button

at the lower left of the first screen and then choose the Manual of Model Civil Jury

Instructions from the list on the right hand side of the next screen. Counsel shall also

submit an agreed upon set of case-specific instructions, using the Ninth Circuit Manual of

Model Civil Jury Instructions where appropriate. Do not submit duplicates of those listed

above. Any instructions to 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.

 8. All documents filed with the Clerk of the Court shall list the civil case number

followed by the initials "JL." One copy shall be clearly marked as a chambers copy.

IT IS SO ORDERED.

DATED: February 22, 2010

__________________________________

 James Larson

United States Magistrate Judge

G:\JLALL\CASES\CIVIL\08-4232\Amendedpretrial.2009a.wpd

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