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 STIPULATION AND [PROPOSED] ORDER 

REGARDING CONTINUANCE OF PRE-TRIAL DATES; 

CASE NO. C 04-05326 SBA 

FOLGER LEVIN & KAHN LLP

Lisa M. van Krieken (SB# 121808,lvankrieken@flk.com) 

Karen J. Petrulakis (SB# 168732, kpetrulakis@flk.com) 

Embarcadero Center West 

275 Battery Street, 23rd Floor 

San Francisco, CA 94111 

Telephone: (415) 986-2800 

Facsimile: (415) 986-2827 

Attorneys for Defendant Starwood Hotels & 

Resorts Worldwide 

THE REVELATION LAW FIRM 

Melanie Popper (SB# 236279, mdp@revelationlaw.com) 

2034 Blake St., Suite 8 

Berkeley, CA 94704 

Telephone: (510) 665-4195 

Facsimile: (510) 665-4197 

Attorney for Plaintiff Arunee Ryles 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

OAKLAND DIVISION 

ARUNEE RYLES, 

Plaintiff, 

v. 

PALACE HOTEL; STARWOOD 

HOTELS AND RESORTS; ITT 

SHERATON, 

Defendants. 

Case No. C 04-05326 SBA 

E-FILING 

STIPULATION AND [PROPOSED] ORDER 

REGARDING CONTINUANCE OF PRETRIAL DATES 

IT IS HEREBY STIPULATED AND AGREED by and between defendant Starwood 

Hotels & Resorts Worldwide, Inc. (“Defendant”), and plaintiff Arunee Ryles (“Plaintiff”), 

through their counsel of record, that certain pre-trial dates shall be continued as set forth below. 

Good cause exists for this Stipulation and Order for the following reasons: (1) the hearing date 

on Defendant’s motion for summary judgment is set for March 6, 2007, the same date that the 

parties’ pretrial filings are due under the current Order for Pretrial Preparation; (2) the parties 

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STIPULATION AND [PROPOSED] ORDER 

REGARDING CONTINUANCE OF PRE-TRIAL DATES; 

CASE NO. C 04-05326 SBA 

would like to avoid the time and expense of preparing these numerous submissions prior to the 

Court’s ruling on Defendant’s motion for summary judgment; and (3) judicial efficiency would 

likewise be served if these pretrial submissions are postponed until after the Court’s summary 

judgment ruling. 

Pursuant to this Stipulation, the pre-trial dates set forth in the Court’s October 27, 2006 

Order for Pretrial Preparation shall be amended with the new italicized dates listed below. 

Pursuant to Rule 16(e) of the Federal Rules of Civil Procedure (“FRCP”), IT IS HEREBY 

ORDERED AS FOLLOWS:

F. Pre-Trial Preparation Due 3/13/07

 

1. Not less than thirty (30) calendar days prior to the pretrial conference, Counsel 

shall meet and confer in good faith in advance of complying with the following pretrial 

requirements in order to clarify and narrow the issues for trial, arrive at stipulations of facts, 

simplify and shorten the presentation of proof at trial, and explore possible settlement. In 

addition, Counsel shall meet and confer regarding anticipated motions in limine, objections to 

evidence, jury instructions, and any other matter which may require resolution by the Court. 

2. The following matters shall be accomplished no later than fourteen (14) calendar 

days prior to the pretrial conference: 

 a. Joint Pretrial Statement

 Counsel are required to file a pretrial conference statement containing the 

following information: 

 (1) The Action

 (A) Substance of the Action. A brief description of the substance 

of claims and defenses which remain to be decided. 

 (B) 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. 

 (2) The Factual Basis of the Action

 (A) 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. 

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STIPULATION AND [PROPOSED] ORDER 

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CASE NO. C 04-05326 SBA 

 (B) Disputed Factual Issues. A plain and concise statement of all 

disputed factual issues which remain to be decided. 

 (C) Agreed Statement. A statement assessing whether all or part 

of the action may be presented upon an agreed statement of facts. 

 (D) Stipulations. A statement of stipulations requested or 

proposed for pretrial or trial purposes. 

 (3) DISPUTED LEGAL ISSUES

 (A) 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. Unless otherwise ordered, parties should cite to briefs served and lodged setting 

forth briefly the nature of each party’s contentions concerning each disputed point of law, 

including procedural and evidentiary issues. 

 (B) Proposed Conclusions of law. If the case is to be tried without 

jury, unless otherwise ordered, parties should briefly indicate objections to proposed conclusions 

of law lodged with this Court. 

 b. Trial Briefs

 Each party shall serve and file a trial brief which shall briefly state 

their contentions, the relevant facts to be proven at trial, and the law on the issues material to the 

decision. 

 c. Finding of Fact

 In non-jury cases, each party shall serve and lodge with the Court 

proposed findings of fact and conclusions of law on all material issues. Findings shall be brief, 

clear, written in plain English and free of pejorative language, and argument. 

 d. Witnesses

 Each party shall serve and file with the Court a list of all persons 

who may be called as witnesses. The list shall include a summary of the substance of each 

witness’ proposed testimony. (Civil L.R. 16-15(4)(A)) 

 e. Designation of Discovery Excerpts

 Each party expecting to use discovery excerpts as part of its case in 

chief shall serve and lodge with the Court a statement identifying (1) by witness and page and 

line, all deposition testimony and (2) by lodged excerpt, all interrogatory answers and request for 

admissions to be used as part of its direct case. Each interrogatory answer intended to be offered 

as an exhibit shall be copied separately and marked as an exhibit. The original of any deposition 

to be used at trial must be produced at the time of trial, as well as a copy for the Court. Counsel 

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STIPULATION AND [PROPOSED] ORDER 

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CASE NO. C 04-05326 SBA 

shall indicate any objections to the use of these materials and advise the Court that counsel has 

conferred respecting such objections. 

 f. Jury Instructions

 The parties shall file a joint set of proposed jury instructions as to 

those instructions on which the parties have reached agreement. As to any disputed instructions, 

each party shall separately submit its “proposed” instruction(s) supported by a memorandum 

setting forth the authority for its use. Responses or objections to any “proposed” jury instruction 

shall be filed no later than the date of the pretrial conference. All instructions shall be written in 

plain English which is comprehensible to jurors, concise and free of argument, and shall be 

organized in a logical fashion so as to aid jury comprehension and are also to be provided on a 

3.5” computer disk. The Court’s practice is to utilize, whenever possible, instructions found in 

the Ninth Circuit Manual of Model Jury Instructions. 

 g. Jury Voir Dire and Verdict Forms

 Each party shall submit proposed questions for jury voir dire and a 

proposed form of verdict. 

 h. Exhibits

 Each party shall provide every other party one set of all exhibits, 

charts, schedules, summaries and diagrams and other similar documentary materials to be used a 

the trial together with a complete list of all such exhibits. The Court requires one original version 

of exhibits (as described above) for the Clerk and two copies (one for the Bench and one for the 

witness stand). All such versions of the exhibits, including the originals, should be indexed into a 

binder for easy and quick reference by all parties. The first page of each binder should have a 

copy of the exhibit list (see attached) appropriately completed with each exhibit description and 

its designated number. Plaintiffs shall refer to their exhibits numerically and Defendants shall 

label theirs alphabetically. Exhibit labels are also attached for your convenience. Exhibits should 

be brought to Court on the first day of trial. 

 3. The following matters shall be accomplished no later than eleven (11) 

calendar days prior to the pretrial conference: Motions in Limine and Objections to Evidence 

due: 3/16/07. Each party anticipating making motion(s) in Limine and/or objection(s) to any 

testimony or exhibits expected to be offered shall file and serve a statement briefly identifying 

each item objected to and the grounds for the objection. 

 4. Responses to motions in Limine or objections to evidence shall be filed and 

served no less than seven (7) calendar days prior to the pretrial conference due: 3/20/07.. 

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STIPULATION AND [PROPOSED] ORDER 

REGARDING CONTINUANCE OF PRE-TRIAL DATES; 

CASE NO. C 04-05326 SBA 

Dated: February __, 2007 FOLGER LEVIN & KAHN LLP

/s/ Lisa M. van Krieken 

Lisa M. van Krieken 

Attorneys for Defendant 

Starwood Hotels & Resorts Worldwide, Inc. 

Dated: February __, 2007 The Revelation Law Firm 

/s/ Melanie Popper

(approved on this date) 

Melanie Popper 

Attorney for Plaintiff Arunee Ryles 

IT IS SO ORDERED. 

Dated: February __, 2007 __________________________________________ 

 SAUNDRA BROWN ARMSTRONG 

 United States District Court Judge 

73024\5005\532835.1 

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