Yukutake Rule 16 Scheduling Order

Case 1:19-cv-00578-JMS-RT Document 27 Filed 01/08/20 Page 1 of 6 PageID #: 107
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
TODD YUKUTAKE, CIV. NO. 19-00578 JMS-RT

DAVID KIKUKAWA,
Plaintiffs,
RULE 16 SCHEDULING ORDER
vs.
CLARE E. CONNORS, IN HER

OFFICIAL CAPACITY AS THE
ATTORNEY GENERAL OF THE
STATE OF HAWAII; AND CITY AND
COUNTY OF HONOLULU,
Defendants.
RULE 16 SCHEDULING ORDER
Pursuant to Fed. R. Civ. P. 16 and LR 16.2, a scheduling conference was held on
January 7, 2020, before the Honorable Rom A. Trader, United States Magistrate Judge.
Appearing at the conference were Alan A. Beck (by phone) on behalf of Plaintiffs, and
Caron M. Inagaki and Robert M. Kohn on behalf of Defendants.
Pursuant to Fed. R. Civ. P. 16(e) and LR 16.3, the Court enters this scheduling
conference order:
TRIAL AND PRETRIAL CONFERENCE SCHEDULING:
1. JURY trial in this matter will commence before the Honorable J. Michael
Seabright, Chief United States District Judge on January 12, 2021 (Tuesday), at 9:00
a.m.
2. A final pretrial conference shall be held on December 1, 2020, at 9:00 a.m.
before the Honorable Rom A. Trader, United States Magistrate Judge.
3. (RESERVED)
4. Pursuant to LR 16.4, each party herein shall serve and file a separate final
pretrial statement by November 24, 2020.
MOTIONS:
5. All motions to join additional parties or to amend the pleadings shall be filed by
June 12, 2020.
6. Other non-dispositive motions, except for motions in limine and discovery
motions, shall be filed by October 14, 2020.
7. Dispositive motions shall be filed by August 12, 2020.
8. Motions in limine shall be filed by December 22, 2020.
Any opposition memorandum to a motion in limine shall be filed by December 29,
2020.
DISCOVERY:
9. Unless and until otherwise ordered by the Court, the parties shall follow the
discovery plan agreed to by the parties herein pursuant to Fed. R. Civ. P. 26(f).
10. (RESERVED)
11. Pursuant to Fed. R. Civ. P. 26(a)(2), each party shall disclose to each other party
the identity and written report of any person who may be used at trial to present expert
evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence. The
disclosures pursuant to this paragraph shall be according to the following schedule:
2
a. All plaintiffs shall comply by July 13, 2020.
b. All defendants shall comply by August 12, 2020.
Disclosure of the identity and written report of any person who may be called solely to
contradict or rebut the evidence of a witness identified by another party pursuant to
subparagraphs a and b hereinabove shall occur within thirty (30) days after the
disclosure by the other party.
12. Pursuant to Fed. R. Civ. P. 16(b)(3) and LR 16.2(a)(6), the discovery deadline
shall be November 13, 2020. Unless otherwise permitted by the Court, all discovery
pursuant to Federal Rules of Civil Procedure, Rules 26 through 37 inclusive must be
completed by the discovery deadline. Unless otherwise permitted by the Court, all
discovery motions and conferences made or requested pursuant to Federal Rules of
Civil Procedure, Rules 26 through 37 inclusive of LR 26.1, 26.2 37.1 shall be heard no
later than thirty (30) days prior to the discovery deadline.
SETTLEMENT:
13. A settlement conference shall be held on October 13, 2020, at 10:00 a.m. before
the Honorable Rom A. Trader, United States Magistrate Judge.
14. Each party shall deliver to the presiding Magistrate Judge a confidential
settlement conference statement by October 6, 2020. The parties are directed to LR
16.5(b) for the requirements of the confidential settlement conference statement.
15. The parties shall exchange written settlement offers and meet and confer to
discuss settlement before the date on which settlement conference statements are due.
TRIAL SUBMISSIONS:
3
JURY ISSUES:
16. The parties shall prepare in writing and submit to the Court any special voir dire
inquiries they wish the judge to ask the jury panel.
17. The parties shall confer in advance of trial for the purpose of preparing an
agreed upon special verdict form, if a special verdict form is to be requested. The
agreed upon special verdict form shall be submitted to the Court. In the event of
disagreement, the parties shall submit all proposed special verdict forms to the Court.
18. The parties shall confer in advance of trial for the purpose of preparing an
agreed upon concise statement of the case that may be read by the trial judge to the jury
during voir dire. The agreed upon concise statement of the case shall be submitted to
the Court. In the event of disagreement, the parties shall submit all proposed concise
statements of the case to the Court.
19. Jury instructions shall be prepared in accordance with LR 51.1 and submitted to
the Court.
20. All submissions to the Court required by paragraphs 16, 17, 18 and 19 shall be
made by December 29, 2020.
WITNESSES:
21. By December 22, 2020, each party shall serve and file a final comprehensive
witness list indicating the identity of each witness that the party will call at trial and
describing concisely the substance of the testimony to be given and the estimated time
required for the testimony of the witness on direct examination.
4
22. The parties shall make arrangements to schedule the attendance of witnesses at
trial so that the case can proceed with all due expedition and without any unnecessary
delay.
23. The party presenting evidence at trial shall give notice to the other party the day
before of the names of the witnesses who will be called to testify the next day and the
order in which the witnesses will be called.
EXHIBITS:
24. By December 15, 2020, the parties shall premark for identification all exhibits
and shall exchange or, when appropriate, make available for inspection all exhibits to
be offered, other than for impeachment or rebuttal, and all demonstrative aids to be
used at trial.
25. The parties shall meet and confer regarding possible stipulations to the
authenticity and admissibility of proposed exhibits by December 22, 2020.
26. By December 29, 2020, the parties shall file any objections to the admissibility
of exhibits. Copies of any exhibits to which objections are made shall be attached to
the objections.
27. The original set of exhibits and two copies (all in binders) and a list of all
exhibits shall be submitted to the Court the Thursday before trial.
DEPOSITIONS:
28a. By December 22, 2020, the parties shall serve and file statements designating
excerpts from depositions (specifying the witness and page and line referred to) to be
used at trial other than for impeachment or rebuttal.
5
b. Statements counter-designating other portions of depositions or any objections
to the use of depositions shall be served and filed by December 29, 2020.
TRIAL BRIEFS:
29. By December 29, 2020, each party shall serve and file a trial brief on all
significant disputed issues of law, including foreseeable procedural and evidentiary
issues, setting forth briefly the party's position and the supporting arguments and
authorities.
30. (RESERVED)
OTHER MATTERS:
A Telephone Status Conference is set for April 7, 2020 at 9:00 a.m. before Magistrate
Judge Rom A. Trader.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, January 8, 2020.
/s/ Rom A. Trader

Rom A. Trader
United States Magistrate Judge
Civ. No. 19-00578 JMS-RT; Todd Yukutake, David Kikukawa vs. Clare E. Connors, In Her Official Capacity As
The Attorney General Of The State Of Hawaii; And City And County Of Honolulu; Rule 16 Scheduling Order

Yukutake Rule 16 Scheduling Order

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Case 1:19-cv-00578-JMS-RT Document 27 Filed 01/08/20 Page 1 of 6 PageID #: 107

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF HAWAII

TODD YUKUTAKE, CIV. NO. 19-00578 JMS-RT

CLARE E. CONNORS, IN HER

RULE 16 SCHEDULING ORDER

Pursuant to Fed. R. Civ. P. 16 and LR 16.2, a scheduling conference was held on

Caron M. Inagaki and Robert M. Kohn on behalf of Defendants.

TRIAL AND PRETRIAL CONFERENCE SCHEDULING:

2. A final pretrial conference shall be held on December 1, 2020, at 9:00 a.m.

before the Honorable Rom A. Trader, United States Magistrate Judge.

pretrial statement by November 24, 2020.

June 12, 2020.

6. Other non-dispositive motions, except for motions in limine and discovery

motions, shall be filed by October 14, 2020.

7. Dispositive motions shall be filed by August 12, 2020.

8. Motions in limine shall be filed by December 22, 2020.

Any opposition memorandum to a motion in limine shall be filed by December 29,

disclosures pursuant to this paragraph shall be according to the following schedule:

a. All plaintiffs shall comply by July 13, 2020.

b. All defendants shall comply by August 12, 2020.

contradict or rebut the evidence of a witness identified by another party pursuant to

disclosure by the other party.

pursuant to Federal Rules of Civil Procedure, Rules 26 through 37 inclusive must be

discovery motions and conferences made or requested pursuant to Federal Rules of

later than thirty (30) days prior to the discovery deadline.

the Honorable Rom A. Trader, United States Magistrate Judge.

settlement conference statement by October 6, 2020. The parties are directed to LR

16.5(b) for the requirements of the confidential settlement conference statement.

inquiries they wish the judge to ask the jury panel.

statements of the case to the Court.

made by December 29, 2020.

required for the testimony of the witness on direct examination.

order in which the witnesses will be called.

authenticity and admissibility of proposed exhibits by December 22, 2020.

exhibits shall be submitted to the Court the Thursday before trial.

used at trial other than for impeachment or rebuttal.

b. Statements counter-designating other portions of depositions or any objections

significant disputed issues of law, including foreseeable procedural and evidentiary

Judge Rom A. Trader.

DATED: Honolulu, Hawaii, January 8, 2020.

/s/ Rom A. Trader

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