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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JILL KORNAK

Plaintiff(s), No. C 05-00123 PJH 

v. CASE MANAGEMENT

AND PRETRIAL ORDER

BROWN-FORMAN CORPORATION

Defendant(s).

___________________________________/

Good cause appearing,the court hereby adopts the case management statement of the

parties except as modified by the following: 

PRETRIAL SCHEDULE

TRIAL DATE: Monday, September 25, 2006, at 8:30 a.m., Courtroom 3, 17th Fl.

JURY [x] COURT []

TRIAL LENGTH: No more than 8 days.

PRETRIAL CONFERENCE DATE: September 7, 2006, at 2:30 p.m.

DISPOSITIVEMOTIONS(Onlyone summaryjudgmentmotionperpartyispermitted without leave

of court) TO BE HEARD BY: May 24, 2006.

NON-EXPERT DISCOVERY CUTOFF: March 29, 2006.

DISCLOSURE OF EXPERTS (retained and non-retained) : June 28, 2006.

EXPERT DISCOVERY CUTOFF: August 2, 2006.

DISCOVERY LIMITATIONS: 

Interrogatories: Requests for Documents:

Depositions: Requests for Admissions:

DISCOVERY DISPUTES REFERRED TO MAGISTRATE JUDGE AFTER MOTION IS FILED.

LAST DAY TO AMEND PLEADINGS: no later than 90 days before fact discovery cutoff date a

motion or a stipulation must be filed.

[] SETTLEMENT CONFERENCE with Magistrate Judge during, , or as soon thereafter as is

convenient for the assigned judge.

[x] REFERRED TO ADR FOR Mediation to be completed by October 31, 2005.

[] Certification of interested entities or persons (L.R. 3-16) to be filed in 10 days.

ADDITIONAL ORDERS:

Amount of punitive damages bifurcated from trial.

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PRETRIAL INSTRUCTIONS

A. PRETRIAL MOTIONS

1. All dispositive motions are heard no later than 120 days before trial, unless leave

of court is obtained for another deadline.

2. Only one summary judgment motion may be filed by each party, unless leave of court

is obtained for more. Leave of court may be obtained by filing a motion, or by requesting a case

management conference or informal telephone conference.

3. Separate statements of undisputed facts in support of or in opposition to motions for

summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may file a truly joint

statement of undisputed facts only if all parties agree that the facts are undisputed.

4. Each party filing or opposing a motion shall also serve and file a proposed order which

sets forth the relief or action sought and a short statement of the rationale of decision, including

citation of authority that the party requests the court to adopt. The failure of a party to file an

opposition to any motion shall constitute a consent to the granting of the motion.

5. Footnotes inbriefs appearing in smaller thanthe 12-point fontrequired for the text, will

be stricken. See Civil L. R. 3-4(c)(2).

6. Motions pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579

(1993), challenging the reliability of expert testimony, may be noticed for hearing on the date

dispositive motions will be heard or on any available hearing date up to and including the date

of the final pretrial conference. Irrespective of the hearing date, the briefs shall be filed in

accordance with Civil L. R. 7-2 - 7-5, on a 35-day briefing schedule.

7. Briefing schedules for motions that are specifically set by the court may not be altered

by stipulation; rather the parties must obtain leave of court.

8. Motions in limine are limited to motions to exclude specific items of evidence on a

ground and upon such authority as would be sufficient to sustain an objection to such evidence

at trial. The court will not generally consider a motionpresenting a purely legal issue in the guise

of a motion in limine.

9. Discovery motions will be referred to a Magistrate Judge for resolution. The words

"Discovery Matter" shall appear in the caption of all documents relating to discovery to insure

proper routing.

10. Confidential and/or sealed documents shall be handled in accordance with this court's

standing order which the parties shall consult before moving for a protective order or requesting

a sealing order.

B. FINAL PRETRIAL CONFERENCE

1. Each party shall attend personally or by counsel who will try the case.

2. Not less than forty (40) calendar days prior to the pretrial conference, all counsel

and/or parties shall meet and confer regarding preparation of the joint pretrial statement.

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

and/or parties shall:

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a. Serve and file ajointpretrialstatement.(Separatelyfiled statements will not

be accepted by the court and monetarysanctions will be imposed uponthe

party failing to cooperate in the preparation of a joint statement).

The pretrial statement shall include the disclosures required byFed. R. Civ.

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

(I) A brief description of the substance of the claims and defenses

which remain to be decided.

(ii) A detailed statement of all relief sought, itemizing all elements of

damages claimed.

(iii) A statement of all relevant undisputed facts to which the parties will

stipulate for incorporation into the trial record without the necessity

of supporting testimony or exhibits.

(iv) A statement of all relevant disputed facts which remain to be

decided.

(v) A statement of stipulations requested or proposed.

(vi) A brief statement of disputed points of law concerning liability and

relief. Legal argument on these points shall be reserved for the trial

briefs.

(vii) A statement of whether bifurcation or a separate trial of specific

issues is feasible and desired.

(viii) A statement summarizing the status of settlement negotiations and

indicating whether further negotiations are likely to be productive.

b. Serve and file trialbriefs (notto exceed 25 pages), whichshall specifyeach

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

of the applicable legal standard (no opposition shall be filed);

c Serve and file motions in limine, whichshall be contained in one document

and shall not exceed 25 pages:

d. Serve and file a list of deposition excerpts for witnesses who will nottestify

in person, (specifying the witness, page and line references) and other

discovery responses that will be offered at trial;

e. Serve and file a list of all witnesses 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;

f. Serve and file a numerical list of exhibits that will be offered as evidence in

a party's case in chiefin support of a claimor defense,with a brief statement

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

sponsoring witness;

g. Exchangeexhibitswhichshall be premarked, tabbed and in binders.Plaintiff

shall use numbers (1,2, 3, etc.) and defendant shall use numbers preceded

by a letter (A-1, A-2, A-3, etc.). Additional parties shall also use a letter

preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3, etc.).

h. Submit two sets for jury trials and three sets for court trials of all premarked

exhibits to the Clerk's Office (exhibits are not filed);

I. Serve and file any request regarding the treatment of confidential or sealed

documents.

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j. Serve and file proposed joint voirdire questions and joint juryinstructions for

cases to be tried by jury;

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.

4. 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.

5. Not less than fifteen (15) calendar days prior to the pretrial conference, counsel

and/or parties shall serve and file any opposition to a motion in limine. No replies shall be filed.

All motions shall be heard atthe pretrial conference unless otherwise ordered. The parties shall

not file separate objections, apart from those contained in the motions in limine, to the opposing

party's exhibit list or discovery designations.

C. JURY TRIAL

Jury Selection shall proceed as follows: The Jury Commissioner will summon 20 t0 25

prospective jurors. The Courtroom Deputywill select theirnames atrandom and seat them in the

courtroom in the order in which their names are called. Voir dire will be conducted of sufficient

venire members so thatsix to eight will remain after all peremptorychallenges and ananticipated

number of hardship dismissals and cause challenges have been made.

The court will then take cause challenges and discuss hardship claims at side bar. The

court will inform counsel which hardship claims and cause challenges will be granted, but will not

announce those dismissals until the selection process is completed. Peremptory challenges will

be made in writing and passed between counsel. The court will strike at one time those with

meritorious hardship claims, those excused for cause, and those challenged peremptorily, and

then seat the first six to eight people remaining in numerical order.

The attached voir dire questionnaire shall be given to the venire members and copies of

the responses will be made available to counselat the beginning of voirdire. Counsel shall submit

a joint set of additional voir dire questions to be posed by the court. Any voir dire questions on

which counsel cannotagree maybe submitted separately. Counsel will be permitted brief followup voir dire after the court's questioning.

The following jury instructions from the Ninth CircuitManualof Model Jury Instructions Civil

(2001 Edition) shall be given absent objection: 1.1 - 1.14, 2.1 - 2.2, 3.1 - 3.3. 3.5 - 3.7, 

4.1 - 4.4. Counsel shall submit a joint set of case specific instructions using the Ninth Circuit

Manual where appropriate. Do not submit duplicates of those instructions listed above. Any

instructions on which counsel cannot agree may be submitted separately. Each instruction shall

be typed in full on a separate page with citations to the authority upon which it is based and a

referenceto the partysubmitting it. A second blind copy of each instruction shall also be submitted

omitting the citation to authority and the reference to the submitting party, but retaining the title of

the instruction.

D. TRIAL SCHEDULE

The court's trial schedule is 8:30 a.m. to 1:30 p.m. with two fifteen-minute breaks, on

Monday, Tuesday, Thursday and Friday.

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E. PROCEDURE FOR AMENDING THIS ORDER

No provisionof this order maybe changed exceptbywrittenorder of this court uponits own

motionor upon motion of one or more parties made pursuant to Civil. L. R. 7-10(b) with a showing

of good cause. Parties may file a formal brief, but a letter brief will suffice. The requesting party

shall serve the opposing party on the same day the motion is filed and the opposing party shall

submit a response as soon as possible but no later than three days after service.

If the modification sought is an extension of a deadline contained herein, the motion must

be brought before expiration of that deadline. The parties may not modify the pretrial 

schedule by stipulation. A conflict with a court date set after the date of this order does not 

constitute good cause. The parties are advised that if they stipulate to a change in the discovery

schedule,theydo so at theirown risk. The only discovery schedule that the court will enforce is the

one set in this order. 

IT IS SO ORDERED.

Dated: June 17, 2005

______________________________

PHYLLIS J. HAMILTON

United States District Judge

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CONFIDENTIAL

JUROR QUESTIONNAIRE

Please fill out this form as completely as possible and print clearly. This will assist the judge and

the lawyers in selecting a jury and will save time for them and for you. Because copies will be

made for the attorneys and the judge, do not write on the back of any page. If you need more

room, continue at the bottom of the page. Thank you for your cooperation.

1. Your name: 

2. Your age: 

3. City in which you reside: 

4. If you have lived there for fewer than five years, where did you live before:

__________________________________________________________

5. Your place of birth: 

6. Your marital status: (circle one)

single married separated divorced widowed

7. What is your occupation and how long have you worked in it? 

 (If you are retired, please describe your main occupation when you were working).

8. Who is (or was) your employer? _________________________________

9. If you have held this job for fewer than five years, describe your previous job:

____________________________________________________________

10. If you are married, please list your spouse's occupation.

11. If you have children, please list their ages and genders and, if they are employed, please

give their occupations.

12. Please describe your education background:

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Highest grade completed: 

College and/or vocational schools you have attended:

Major areas of study: 

13. Have you served in the military? _________________________________

14. Have you ever had jury experience? No. of times? 

If yes: State/County Court Federal Court 

When? 

Was it a civil or criminal case? 

Did any of the juries reach a verdict? 

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