Preview
FILED
SAN MATEO COUNTY
FEB 13,2024
cl Mn the Pe Court
By, DEPUTY CLERK
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
10
ADRIANA J. QUINTERO, Case No. 22Civ00190
a.
Plaintiff,
PRETRIAL ORDER
12
) Pretrial Conf.: November 18, 2024 at 2:00 p.m.
13 Vv. MSC: November 21, 2024 at 9:00 a.m.
Trial Date: December 4, 2024 at 9:00 a.m.
14
LEONARD W. STONE IH, et al.
15
Defendants.
16
17
and related cross-action
18
19 WHEREAS the San Mateo County Superior Court switched to a direct calendar system for all |
20 civil cases beginning on January 1, 2021;
21
WHEREAS the Court wishes to ensure that the Court, the parties, and the witnesses in all civil
cases are prepared to begin the trial on the actual date that the trial is scheduled; and
22
WHEREAS the Court wishes to establish clear and uniform requirements for pretrial conferences
23
and trials in all civil cases;
24
Pursuant to the Court’s inherent authority, IT IS HEREBY ORDERED THAT:
25
INTRODUCTION
26
1 A summary of the deadlines established by this order is provided below:
27
28
PRETRIAL ORDER - 1
SUMMARY TABLE OF DEADLINES
PRETRIAL CONFERENCE
EVENT DEADLINE
Serve (but not file): At least 42 days before the Pretrial
1, Proposed motions in limine; Conference
2. Proposed jury instructions;
3, Proposed verdict form(s);
4. Proposed witness lists; and
5. Proposed exhibit lists
Meet and confer regarding pretrial conference At least 35 days before the Pretrial
— including motions in limine, proposed jury Conference
instructions, proposed juror questionnaire (if
any), proposed verdict forms, proposed
10 statement of the case, and witness and exhibit
lists
1.
File and serve motions in limine and At least 21 days before the Pretrial
12 oppositions to motions in limine Conference
File joint pretrial conference statement with: At least 14 days before the Pretrial
13 1. Proposed jury instructions; Conference
14
2. Proposed verdict form(s);
3. Proposed voir dire and juror questionnaire
15 (if any);
4. Proposed statement of the case;
16 5. Witness lists; ,
17
6. Exhibit lists, including any disputed
exhibits; and
18 7. Binders with motions in limine,
oppositions, and supporting declarations or
19 requests for judicial notice
20
8. Deposition designations and objections
Pretrial Conference At least 14 days before the Trial Date
21 Deliver set of trial exhibits in binders and on At least 7 days before the Trial Date
thumb drive to the Court
22
23
24
25
26
27
28
PRETRIAL ORDER - 2
2. The parties must make every effort to raise and, if possible, resolve pretrial and trial
issues early. While the Court understands that trial is not entirely predictable, the parties must frontload
all evidentiary and legal disputes to the extent possible. Issues that surface unnecessarily on the eve of
trial or during trial waste the jury’s time and are strongly disfavored. With this understanding, ALL
DEADLINES AND REQUIREMENTS IMPOSED BY THIS ORDER ARE SUBJECT TO
MODIFICATION AT THE DISCRETION OF THE COURT.
MOTIONS IN LIMINE
3 The parties are encouraged to resolve as many trial issues by stipulation as possible. The
parties shall meet and confer no later than 35 days before the Pretrial Conference to determine whether
any evidentiary issues may be resolved by stipulation. No party may file a motion in limine without first
10
making a good faith effort to resolve the evidentiary issue with the opposing party. Judge Fineman’s
webpage has motion in limine orders she has issued.
il
4. Motions in limine and their oppositions must be filed no later than 21 days before the
12
Pretrial Conference. No replies will be permitted without leave of the Court.
13
5. Each party must submit a tabbed binder with its motions in limine in numerical order
14
with the opposition immediately behind the motion within the same tab. Any declarations or requests for]
is
judicial notice submitted by the parties in support of or in opposition to the motions in limine along with!
16 any attached exhibits must be submitted in a separate tabbed binder. The binders must be submitted to
17 the Court with the Joint Pretrial Conference Statement.
18 6 Each motion in limine should address a single, separate topic and shall be limited to five
19 (5) pages in length unless otherwise permitted by the Court. Each motion should be clearly identified as
“« 2
20
’s Motion in Limine No. Re:
7
Each opposition is also limited to five (5) pages in length unless otherwise permitted by
21
the Court.
22
8 Each party shall file only one (1) declaration and/or one (1) request for judicial notice to
23
support all motions in limine and one (1) declaration and/or one (1) request for judicial notice to support
24
all oppositions to motions in limine. The parties do not have to include a copy of the operative
25
complaint.
26 9 Each party shall also submit a hard copy and a Word version of all proposed orders. Each
27 proposed order must provide enough specificity so that a witness will be able to understand what
28 testimony is prohibited.
PRETRIAL ORDER - 3
10. The motions shall be heard at the Pretrial Conference or at such other time as the Court
may direct.
JURY INSTRUCTIONS
11. The parties shall file a joint set of proposed jury instructions, arranged in the order the
parties propose the Court give the instructions, with the Joint Pretrial Conference Statement.
12. The parties are invited to use the Judicial Council of California Civil Jury Instructions
(CACI). Any modifications made to a form instruction must be plainly identified. Do not simply file a
list of proposed instructions. The actual language of the instruction must be provided.
13. Instructions upon which the parties agree shall be identified as “Stipulated Instruction
No. Re: ” with blanks filled in as appropriate.
10
14. If the parties disagree on an instruction, each party’s proposed version of the disputed
instruction shall be provided and identified as “Disputed Instruction No. Re: Offered by
1
>” with blanks filled in as appropriate. All proposed versions of the same instruction shall
12
bear the same number. Following each disputed instruction, each party shall explain, in no more than
13
one page, why the Court should give that party’s proposed instruction or why the instruction should or
14
should not be given.
is
15. Any changes to the proposed jury instructions ordered by the Court must be made by the
16 parties and submitted to the Court by the deadline set by the Court at the Pretrial Conference or by any
17 other deadline set by the Court.
18 VERDICT FORM(S)
19 16. The parties shall file either joint proposed verdict form(s) or, if they disagree, separate
20
proposed verdict forms with the Joint Pretrial Conference Statement.
17. Any changes to the proposed verdict form(s) ordered by the Court must be made by the
21
parties and submitted to the Court in Word format by the deadline set at the Pretrial Conference or by
22
any other deadline set by the Court.
23
VOIR DIRE AND JURY QUESIONNAIRE (IF ANY)
24
18. The Court will conduct the initial voir dire guided by the Standards of Judicial
25
Administration § 3.25(c). If the parties want the Court to ask any particular questions from those
26 Standards or any additional questions, they should jointly submit those questions (and any objections)
27 with the Joint Pretrial Conference Statement.
28
PRETRIAL ORDER - 4
19. If the parties wish to use a jury questionnaire, the parties must file a joint proposed jury
questionnaire or, if they disagree, separate proposed jury questionnaires with the Joint Pretrial
Conference Statement. The Court’s preference is not to have a questionnaire.
PROPOSED STATEMENT OF THE CASE
20. The parties must file a joint proposed statement of the case to be read to the jury during
voir dire with the Joint Pretrial Conference Statement. Unless the case is very complex, this statement
should not exceed one-page double spaced. The statement should be neutral rather than argumentative.
The parties shall also include the names of attorneys and witnesses to be read to the jury. See Standards
of Judicial Administration § 3.25(b).
WITNESS LISTS
10
21. Each party must file a joint list of all the witness that the party intends to call at trial with
the Joint Pretrial Conference Statement.
11
22. The joint witness list must be in tabular form and contain the following:
12
a. Name of the witness;
13
b. Title of the witness, if any;
14
c. Brief description of the subject matter of the witness’ anticipated testimony; and
15
d Estimated length of the direct examination, cross-examination, redirect, and cross-
16 redirect.
17 €. The parties shall also submit their deposition designations and objections with the Joint
18 Pretrial Conference Statement. They shall jointly submit one binder with a joint pleading that has the
19 designations, objections and responses followed by tabs for each witness with the designation
20
highlighted in yellow and any objections bracketed in red. The designating party shall provide the
opposing parties the designation(s) and highlighted sections two weeks before the statement is due. The
21
parties shall then meet-and-confer about any objections at least five days before the binder is due.
22
Unless a party can demonstrate good cause, the deposition of each witness shall be introduced only
23
once, i.e., all parties’ designations will be presented together rather than in each party’s case.
24
f. The parties shall state if the witness will be testifying remotely (i.e., by Zoom) and if any
25
party has an objection to the proposed remote testimony.
26 23. Any witness who is not identified on a party’s witness list is subject to exclusion in the
27 reasonable exercise of the Court’s discretion.
28
PRETRIAL ORDER - 5
TRIAL EXHIBITS
24. Each trial exhibit shall be clearly pre-marked with the trial exhibit number. The
defendant’s exhibit numbers shall be sequenced to begin after the plaintiff's exhibit numbers.
25. Exhibits shall be numbered. NO letters may be used. The parties must agree on a block of|
numbers to fit the needs of the case (e.g., the plaintiff has exhibits 1-100; the defendant has exhibits 101+
200), and make a good faith effort to avoid marking the same exhibit in their respective blocks. If the
exact same exhibit is marked by more than one party, then the defendant shall withdraw the duplicative
exhibit (but should not renumber its portion of the exhibit list). If there is any dispute over which
portions of an overlapping exhibit should be introduced into evidence, the parties shall meet and confer
in an attempt to informally resolve the issue. If the parties are unable to informally resolve the dispute,
10
then each party shall submit its disputed exhibit with the Joint Pretrial Conference Statement and
explain, in no more than one double-spaced page, why the Court should use its proposed exhibit.
al
26. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be marked and
12
referred to as “Trial Exhibit No.__” — and NOT as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.”
13
27. The parties must file a joint exhibit list identifying all the exhibits that the party intends to]
14
introduce at trial with the Joint Pretrial Conference Statement.
15
28. The joint exhibit list must be in tabular form and contain the following:
16 a. Exhibit number;
17 b. Brief description of the exhibit (with any bates numbers if they exist);
18 C. Sponsoring witness;
19 d Date marked for identification (left blank); and
20
€. Date admitted into evidence (left blank).
29. Each party must provide the Court with three complete set of exhibits that the party
21
intends to introduce at trial in both hard copy in tabbed binders (one original, one for the witness, one
22
for the judge) and on a thumb drive at least seven (7) days before the Trial Date. Each party will be
23
expected to place the official exhibit stamp on each document; the exhibit tabs may be obtained from the
24
courtroom clerk. The Court may require additional copies of those exhibits for trial, including separate
25
exhibit binders for each witness.
26 30. Any exhibit that is not identified on a party’s exhibit list is subject to exclusion in the
27 reasonable exercise of the Court’s discretion.
28
PRETRIAL ORDER - 6
MEET AND CONFER
31. Each party must serve (but NOT file) at least 42 days before that Conference its proposed
motions in limine, proposed jury instructions, proposed verdict form(s), proposed witness list, and
proposed exhibit list. Anything that is not included in these served documents —i.e., motions in limine.
witnesses, or exhibits — may be subject to denial or exclusion in the reasonable exercise of the Court’s
discretion.
32. All parties must meet and confer regarding motions in limine, jury instructions, verdict
form(s), jury questionnaire (if any), a statement of the case, witness and exhibit lists, a pretrial
conference statement (if required), and any other issues that may arise at trial no later than 35 days
before the Pretrial Conference. The meet and confer must include discussions in person or by
10
videoconference. If the parties wish to meet and confer by telephone, they must obtain permission from
the Court. The Court expects meaningful meet and confer in accordance with the following guidelines
11
available at http://www.calbar.ca.. gov/Portals/0/documents/ethics/Civility/Atty-Civility-Guide-
12
Revised_Sept-2014.pdf.
13
33. During the meet and confer, the parties must engage in a good faith effort to:
14
a. Resolve any issues raised in the motions in limine;
15
b. Resolve any disputes over the jury instructions;
16 C. Resolve any disputes over the verdict form(s);
17 d Agree on a proposed jury questionnaire (if any);
18 Agree on a proposed statement of the case to be read to the jury during voir dire;
19 Resolve any disagreements over witnesses and exhibits to be introduced at trial; and
20
Stipulate to any relevant facts that can be incorporated into the record without supporting
testimony or exhibits.
21
34. Wherever possible, the parties shall stipulate to the admissibility of any exhibits. If a
22
stipulation is not possible, then the parties shall make every effort to stipulate to the authenticity and
2.
foundation for an exhibit absent a legitimate objection.
24
PRETRIAL CONFERENCE STATEMENT
25
35. The parties shall file a Joint Pretrial Conference Statement at last 14 days before the
26 Conference that contains the following:
27 a. Substance of the Action: A brief description of the parties, the claims and defenses that
28 remain to be decided (including whether any issues are for the Court to decide rather than|
PRETRIAL ORDER - 7
the jury), and the operative pleading, including the date of filing, that raises these claims
and defenses. The parties may also submit a trial brief to assist the court with the legal
issues.
Relief Requested: A detailed statement of all requested relief that itemizes all elements of|
damages that are claimed.
Undisputed Facts: A plain and concise statement of all relevant facts to which the parties
will stipulate for incorporation into the record without supporting testimony or exhibits oy]
that are undisputed.
Settlement Discussions: A brief description of the efforts the parties have made to settle
the case and a brief statement about whether the parties believe that further negotiations
10
are likely to be productive and what, if anything, would facilitate settlement.
Estimate of Trial Length: An estimate of the number hours needed for the presentation of |
11
each party’s case.
12
Miscellaneous: Any other matters that will facilitate the just, speedy, and efficient
13
resolution of the case.
14
36. The parties shall include the following documents in accordance with this order with their]
15
Joint Pretrial Conference Statement and provide courtesy copies to the Court delivered to Central
16 Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401:
17 a. Proposed jury instructions
18 db. Proposed verdict form(s)
19 Proposed jury questionnaire (if any)
20
Proposed statement of the case
Joints witness list;
21
Joint deposition designation binders
22
8g Joint exhibit list, including any disputed exhibits; and
23
h. Binders container the party’s motions in limine, any oppositions, and any supporting
declarations or requests for judicial notice in support of or opposition to the motions.
25
37. The parties shall also email the proposed jury instructions, proposed verdict form(s),
26 proposed jury questionnaire (if any), proposed statement of the case, and proposed orders in Word
27 format to the Court.
28
PRETRIAL ORDER - 8
PRETRIAL CONFERENCE
38. A Pretrial Conference is scheduled for November 18, 2024 at 2:00 p.m. Lead trial
counsel for each party must attend in person.
39. The Pretrial Conference is deemed to be the commencement of trial for all purposes,
including but not limited to discovery and motion cutoff, disclosure of witnesses and expert witnesses,
and commencement of all trial-related fees, such as jury and court reporter fees.
40. At the Pretrial Conference, each party should be prepared to argue and discuss:
a. Motions in limine;
b. Jury instructions;
c. Voir dire;
10
Jury questionnaire (if any);
Verdict form(s);
ll
Proposed statement of the case;
12
Witnesses, including objections to deposition designations;
13
Exhibits;
14
Stipulations; and
15
Any other issues relating to the trial.
16 TRIAL AND MSC
17
41. An in-person jury trial is set for December 4, 2024 at 9:00 a.m. and will occur on
18
Wednesdays, Thursdays, and Fridays, and such other days as set by the Court. The intent is that jury
19
selection will begin on December 4, 2024.
20
42. A Mandatory Settlement Conference is set for November 21, 2024 at 9:00 a.m. with a
21
judge to be determined. See attached instructions, which are incorporated by reference. Check the
22
website regularly for updates re mandatory settlement conferences.
23
43. The purpose of this Order is to have the case ready for trial so that the jury can be
24
selected on the first day set for jury trial and that trial proceed as efficiently as possible. If the parties
25
wish to modify the schedule because of the specific facts of their case, they may do so. If they wish to
26
change any of the dates that documents are due to the Court, they should submit a proposed order
27
specifying the reasons why they want to change the deadlines. The Court needs sufficient time to
28
review the submissions. Therefore, the Court suggests that if the parties seek to change a deadline of
PRETRIAL ORDER - 9
when documents are submitted to the Court, they only seek to extend the deadlines for specific
documents. For example, if there is an issue regarding certain expert(s), the parties should seek to only
seek to extend the deadline to file and oppose the specific expert motion(s) in limine and then file the
other motions in limine based on the deadlines set in this Order. For further information about the
procedures in Judge Fineman’s courtroom, look at her webpage at
https:/Awww.sanmateo.courts.ca. gov/divisions/civil/civil-department-judges/nancy-l-fineman-civil-
judge.
COURT REPORTERS
44, The Court has changed its policy regarding providing court reporters for Pretrial
10 Conferences and Trials. Check Judge Fineman’s webpage and the Court’s website for further
11 information.
12
13
14
Dated: February 13, 2024 z |S
FINE!
the Superior Court
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PRETRIAL ORDER - 10
Preview
FILED SAN MATEO COUNTY FEB 13,2024 cl Mn the Pe Court By, DEPUTY CLERK SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO 10 ADRIANA J. QUINTERO, Case No. 22Civ00190 a. Plaintiff, PRETRIAL ORDER 12 ) Pretrial Conf.: November 18, 2024 at 2:00 p.m. 13 Vv. MSC: November 21, 2024 at 9:00 a.m. Trial Date: December 4, 2024 at 9:00 a.m. 14 LEONARD W. STONE IH, et al. 15 Defendants. 16 17 and related cross-action 18 19 WHEREAS the San Mateo County Superior Court switched to a direct calendar system for all | 20 civil cases beginning on January 1, 2021; 21 WHEREAS the Court wishes to ensure that the Court, the parties, and the witnesses in all civil cases are prepared to begin the trial on the actual date that the trial is scheduled; and 22 WHEREAS the Court wishes to establish clear and uniform requirements for pretrial conferences 23 and trials in all civil cases; 24 Pursuant to the Court’s inherent authority, IT IS HEREBY ORDERED THAT: 25 INTRODUCTION 26 1 A summary of the deadlines established by this order is provided below: 27 28 PRETRIAL ORDER - 1 SUMMARY TABLE OF DEADLINES PRETRIAL CONFERENCE EVENT DEADLINE Serve (but not file): At least 42 days before the Pretrial 1, Proposed motions in limine; Conference 2. Proposed jury instructions; 3, Proposed verdict form(s); 4. Proposed witness lists; and 5. Proposed exhibit lists Meet and confer regarding pretrial conference At least 35 days before the Pretrial — including motions in limine, proposed jury Conference instructions, proposed juror questionnaire (if any), proposed verdict forms, proposed 10 statement of the case, and witness and exhibit lists 1. File and serve motions in limine and At least 21 days before the Pretrial 12 oppositions to motions in limine Conference File joint pretrial conference statement with: At least 14 days before the Pretrial 13 1. Proposed jury instructions; Conference 14 2. Proposed verdict form(s); 3. Proposed voir dire and juror questionnaire 15 (if any); 4. Proposed statement of the case; 16 5. Witness lists; , 17 6. Exhibit lists, including any disputed exhibits; and 18 7. Binders with motions in limine, oppositions, and supporting declarations or 19 requests for judicial notice 20 8. Deposition designations and objections Pretrial Conference At least 14 days before the Trial Date 21 Deliver set of trial exhibits in binders and on At least 7 days before the Trial Date thumb drive to the Court 22 23 24 25 26 27 28 PRETRIAL ORDER - 2 2. The parties must make every effort to raise and, if possible, resolve pretrial and trial issues early. While the Court understands that trial is not entirely predictable, the parties must frontload all evidentiary and legal disputes to the extent possible. Issues that surface unnecessarily on the eve of trial or during trial waste the jury’s time and are strongly disfavored. With this understanding, ALL DEADLINES AND REQUIREMENTS IMPOSED BY THIS ORDER ARE SUBJECT TO MODIFICATION AT THE DISCRETION OF THE COURT. MOTIONS IN LIMINE 3 The parties are encouraged to resolve as many trial issues by stipulation as possible. The parties shall meet and confer no later than 35 days before the Pretrial Conference to determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion in limine without first 10 making a good faith effort to resolve the evidentiary issue with the opposing party. Judge Fineman’s webpage has motion in limine orders she has issued. il 4. Motions in limine and their oppositions must be filed no later than 21 days before the 12 Pretrial Conference. No replies will be permitted without leave of the Court. 13 5. Each party must submit a tabbed binder with its motions in limine in numerical order 14 with the opposition immediately behind the motion within the same tab. Any declarations or requests for] is judicial notice submitted by the parties in support of or in opposition to the motions in limine along with! 16 any attached exhibits must be submitted in a separate tabbed binder. The binders must be submitted to 17 the Court with the Joint Pretrial Conference Statement. 18 6 Each motion in limine should address a single, separate topic and shall be limited to five 19 (5) pages in length unless otherwise permitted by the Court. Each motion should be clearly identified as “« 2 20 ’s Motion in Limine No. Re: 7 Each opposition is also limited to five (5) pages in length unless otherwise permitted by 21 the Court. 22 8 Each party shall file only one (1) declaration and/or one (1) request for judicial notice to 23 support all motions in limine and one (1) declaration and/or one (1) request for judicial notice to support 24 all oppositions to motions in limine. The parties do not have to include a copy of the operative 25 complaint. 26 9 Each party shall also submit a hard copy and a Word version of all proposed orders. Each 27 proposed order must provide enough specificity so that a witness will be able to understand what 28 testimony is prohibited. PRETRIAL ORDER - 3 10. The motions shall be heard at the Pretrial Conference or at such other time as the Court may direct. JURY INSTRUCTIONS 11. The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions, with the Joint Pretrial Conference Statement. 12. The parties are invited to use the Judicial Council of California Civil Jury Instructions (CACI). Any modifications made to a form instruction must be plainly identified. Do not simply file a list of proposed instructions. The actual language of the instruction must be provided. 13. Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. Re: ” with blanks filled in as appropriate. 10 14. If the parties disagree on an instruction, each party’s proposed version of the disputed instruction shall be provided and identified as “Disputed Instruction No. Re: Offered by 1 >” with blanks filled in as appropriate. All proposed versions of the same instruction shall 12 bear the same number. Following each disputed instruction, each party shall explain, in no more than 13 one page, why the Court should give that party’s proposed instruction or why the instruction should or 14 should not be given. is 15. Any changes to the proposed jury instructions ordered by the Court must be made by the 16 parties and submitted to the Court by the deadline set by the Court at the Pretrial Conference or by any 17 other deadline set by the Court. 18 VERDICT FORM(S) 19 16. The parties shall file either joint proposed verdict form(s) or, if they disagree, separate 20 proposed verdict forms with the Joint Pretrial Conference Statement. 17. Any changes to the proposed verdict form(s) ordered by the Court must be made by the 21 parties and submitted to the Court in Word format by the deadline set at the Pretrial Conference or by 22 any other deadline set by the Court. 23 VOIR DIRE AND JURY QUESIONNAIRE (IF ANY) 24 18. The Court will conduct the initial voir dire guided by the Standards of Judicial 25 Administration § 3.25(c). If the parties want the Court to ask any particular questions from those 26 Standards or any additional questions, they should jointly submit those questions (and any objections) 27 with the Joint Pretrial Conference Statement. 28 PRETRIAL ORDER - 4 19. If the parties wish to use a jury questionnaire, the parties must file a joint proposed jury questionnaire or, if they disagree, separate proposed jury questionnaires with the Joint Pretrial Conference Statement. The Court’s preference is not to have a questionnaire. PROPOSED STATEMENT OF THE CASE 20. The parties must file a joint proposed statement of the case to be read to the jury during voir dire with the Joint Pretrial Conference Statement. Unless the case is very complex, this statement should not exceed one-page double spaced. The statement should be neutral rather than argumentative. The parties shall also include the names of attorneys and witnesses to be read to the jury. See Standards of Judicial Administration § 3.25(b). WITNESS LISTS 10 21. Each party must file a joint list of all the witness that the party intends to call at trial with the Joint Pretrial Conference Statement. 11 22. The joint witness list must be in tabular form and contain the following: 12 a. Name of the witness; 13 b. Title of the witness, if any; 14 c. Brief description of the subject matter of the witness’ anticipated testimony; and 15 d Estimated length of the direct examination, cross-examination, redirect, and cross- 16 redirect. 17 €. The parties shall also submit their deposition designations and objections with the Joint 18 Pretrial Conference Statement. They shall jointly submit one binder with a joint pleading that has the 19 designations, objections and responses followed by tabs for each witness with the designation 20 highlighted in yellow and any objections bracketed in red. The designating party shall provide the opposing parties the designation(s) and highlighted sections two weeks before the statement is due. The 21 parties shall then meet-and-confer about any objections at least five days before the binder is due. 22 Unless a party can demonstrate good cause, the deposition of each witness shall be introduced only 23 once, i.e., all parties’ designations will be presented together rather than in each party’s case. 24 f. The parties shall state if the witness will be testifying remotely (i.e., by Zoom) and if any 25 party has an objection to the proposed remote testimony. 26 23. Any witness who is not identified on a party’s witness list is subject to exclusion in the 27 reasonable exercise of the Court’s discretion. 28 PRETRIAL ORDER - 5 TRIAL EXHIBITS 24. Each trial exhibit shall be clearly pre-marked with the trial exhibit number. The defendant’s exhibit numbers shall be sequenced to begin after the plaintiff's exhibit numbers. 25. Exhibits shall be numbered. NO letters may be used. The parties must agree on a block of| numbers to fit the needs of the case (e.g., the plaintiff has exhibits 1-100; the defendant has exhibits 101+ 200), and make a good faith effort to avoid marking the same exhibit in their respective blocks. If the exact same exhibit is marked by more than one party, then the defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the exhibit list). If there is any dispute over which portions of an overlapping exhibit should be introduced into evidence, the parties shall meet and confer in an attempt to informally resolve the issue. If the parties are unable to informally resolve the dispute, 10 then each party shall submit its disputed exhibit with the Joint Pretrial Conference Statement and explain, in no more than one double-spaced page, why the Court should use its proposed exhibit. al 26. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be marked and 12 referred to as “Trial Exhibit No.__” — and NOT as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.” 13 27. The parties must file a joint exhibit list identifying all the exhibits that the party intends to] 14 introduce at trial with the Joint Pretrial Conference Statement. 15 28. The joint exhibit list must be in tabular form and contain the following: 16 a. Exhibit number; 17 b. Brief description of the exhibit (with any bates numbers if they exist); 18 C. Sponsoring witness; 19 d Date marked for identification (left blank); and 20 €. Date admitted into evidence (left blank). 29. Each party must provide the Court with three complete set of exhibits that the party 21 intends to introduce at trial in both hard copy in tabbed binders (one original, one for the witness, one 22 for the judge) and on a thumb drive at least seven (7) days before the Trial Date. Each party will be 23 expected to place the official exhibit stamp on each document; the exhibit tabs may be obtained from the 24 courtroom clerk. The Court may require additional copies of those exhibits for trial, including separate 25 exhibit binders for each witness. 26 30. Any exhibit that is not identified on a party’s exhibit list is subject to exclusion in the 27 reasonable exercise of the Court’s discretion. 28 PRETRIAL ORDER - 6 MEET AND CONFER 31. Each party must serve (but NOT file) at least 42 days before that Conference its proposed motions in limine, proposed jury instructions, proposed verdict form(s), proposed witness list, and proposed exhibit list. Anything that is not included in these served documents —i.e., motions in limine. witnesses, or exhibits — may be subject to denial or exclusion in the reasonable exercise of the Court’s discretion. 32. All parties must meet and confer regarding motions in limine, jury instructions, verdict form(s), jury questionnaire (if any), a statement of the case, witness and exhibit lists, a pretrial conference statement (if required), and any other issues that may arise at trial no later than 35 days before the Pretrial Conference. The meet and confer must include discussions in person or by 10 videoconference. If the parties wish to meet and confer by telephone, they must obtain permission from the Court. The Court expects meaningful meet and confer in accordance with the following guidelines 11 available at http://www.calbar.ca.. gov/Portals/0/documents/ethics/Civility/Atty-Civility-Guide- 12 Revised_Sept-2014.pdf. 13 33. During the meet and confer, the parties must engage in a good faith effort to: 14 a. Resolve any issues raised in the motions in limine; 15 b. Resolve any disputes over the jury instructions; 16 C. Resolve any disputes over the verdict form(s); 17 d Agree on a proposed jury questionnaire (if any); 18 Agree on a proposed statement of the case to be read to the jury during voir dire; 19 Resolve any disagreements over witnesses and exhibits to be introduced at trial; and 20 Stipulate to any relevant facts that can be incorporated into the record without supporting testimony or exhibits. 21 34. Wherever possible, the parties shall stipulate to the admissibility of any exhibits. If a 22 stipulation is not possible, then the parties shall make every effort to stipulate to the authenticity and 2. foundation for an exhibit absent a legitimate objection. 24 PRETRIAL CONFERENCE STATEMENT 25 35. The parties shall file a Joint Pretrial Conference Statement at last 14 days before the 26 Conference that contains the following: 27 a. Substance of the Action: A brief description of the parties, the claims and defenses that 28 remain to be decided (including whether any issues are for the Court to decide rather than| PRETRIAL ORDER - 7 the jury), and the operative pleading, including the date of filing, that raises these claims and defenses. The parties may also submit a trial brief to assist the court with the legal issues. Relief Requested: A detailed statement of all requested relief that itemizes all elements of| damages that are claimed. Undisputed Facts: A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the record without supporting testimony or exhibits oy] that are undisputed. Settlement Discussions: A brief description of the efforts the parties have made to settle the case and a brief statement about whether the parties believe that further negotiations 10 are likely to be productive and what, if anything, would facilitate settlement. Estimate of Trial Length: An estimate of the number hours needed for the presentation of | 11 each party’s case. 12 Miscellaneous: Any other matters that will facilitate the just, speedy, and efficient 13 resolution of the case. 14 36. The parties shall include the following documents in accordance with this order with their] 15 Joint Pretrial Conference Statement and provide courtesy copies to the Court delivered to Central 16 Courthouse, Department G, 800 North Humboldt St., San Mateo, CA 94401: 17 a. Proposed jury instructions 18 db. Proposed verdict form(s) 19 Proposed jury questionnaire (if any) 20 Proposed statement of the case Joints witness list; 21 Joint deposition designation binders 22 8g Joint exhibit list, including any disputed exhibits; and 23 h. Binders container the party’s motions in limine, any oppositions, and any supporting declarations or requests for judicial notice in support of or opposition to the motions. 25 37. The parties shall also email the proposed jury instructions, proposed verdict form(s), 26 proposed jury questionnaire (if any), proposed statement of the case, and proposed orders in Word 27 format to the Court. 28 PRETRIAL ORDER - 8 PRETRIAL CONFERENCE 38. A Pretrial Conference is scheduled for November 18, 2024 at 2:00 p.m. Lead trial counsel for each party must attend in person. 39. The Pretrial Conference is deemed to be the commencement of trial for all purposes, including but not limited to discovery and motion cutoff, disclosure of witnesses and expert witnesses, and commencement of all trial-related fees, such as jury and court reporter fees. 40. At the Pretrial Conference, each party should be prepared to argue and discuss: a. Motions in limine; b. Jury instructions; c. Voir dire; 10 Jury questionnaire (if any); Verdict form(s); ll Proposed statement of the case; 12 Witnesses, including objections to deposition designations; 13 Exhibits; 14 Stipulations; and 15 Any other issues relating to the trial. 16 TRIAL AND MSC 17 41. An in-person jury trial is set for December 4, 2024 at 9:00 a.m. and will occur on 18 Wednesdays, Thursdays, and Fridays, and such other days as set by the Court. The intent is that jury 19 selection will begin on December 4, 2024. 20 42. A Mandatory Settlement Conference is set for November 21, 2024 at 9:00 a.m. with a 21 judge to be determined. See attached instructions, which are incorporated by reference. Check the 22 website regularly for updates re mandatory settlement conferences. 23 43. The purpose of this Order is to have the case ready for trial so that the jury can be 24 selected on the first day set for jury trial and that trial proceed as efficiently as possible. If the parties 25 wish to modify the schedule because of the specific facts of their case, they may do so. If they wish to 26 change any of the dates that documents are due to the Court, they should submit a proposed order 27 specifying the reasons why they want to change the deadlines. The Court needs sufficient time to 28 review the submissions. Therefore, the Court suggests that if the parties seek to change a deadline of PRETRIAL ORDER - 9 when documents are submitted to the Court, they only seek to extend the deadlines for specific documents. For example, if there is an issue regarding certain expert(s), the parties should seek to only seek to extend the deadline to file and oppose the specific expert motion(s) in limine and then file the other motions in limine based on the deadlines set in this Order. For further information about the procedures in Judge Fineman’s courtroom, look at her webpage at https:/Awww.sanmateo.courts.ca. gov/divisions/civil/civil-department-judges/nancy-l-fineman-civil- judge. COURT REPORTERS 44, The Court has changed its policy regarding providing court reporters for Pretrial 10 Conferences and Trials. Check Judge Fineman’s webpage and the Court’s website for further 11 information. 12 13 14 Dated: February 13, 2024 z |S FINE! the Superior Court 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PRETRIAL ORDER - 10