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

Plaintiffs,
RULE 16 SCHEDULING ORDER
vs.

CLARE E. CONNORS, IN HER

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.
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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:

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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:

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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.

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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.

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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

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