Joint Pretrial Order; Video Conferencing Tips

=== Joint Pretrial Order ===

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No. In re [ ,] Debtor(s). [ ,] Plaintiff(s), v. [ ,] Defendant(s). Adv. Proceeding No. [Insert trial date(s), time, location and presiding judge.] JOINT PRETRIAL ORDER The parties having conferred among themselves and with the Court pursuant to Fed. R. Civ. P. 16 (made applicable to this Adversary Proceeding pursuant to F.R.B.P. 7016(a , the following statements, directions and agreements are adopted as the Pretrial Order herein. Unless modified by the Court, this Order controls the course of this proceeding. I. NATURE OF THE CASE [Set forth a brief statement of the general nature of the action and the relief sought by each party.] 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. BASIS FOR JURISDICTION, WHETHER THE CASE IS CORE OR NON-CORE, AND WHETHER THE BANKRUPTCY JUDGE MAY ENTER FINAL ORDERS OR JUDGMENT [Set forth the basis for subject matter jurisdiction and whether the case is core or non-core, and if core, whether the court can enter final orders and judgment. If these matters are disputed, the positions of each of the parties should be explained. Also, state whether the parties consent to the bankruptcy judge entering final orders or judgment.] III. STIPULATED FACTS [Set forth any stipulated facts.] IV. PARTIES’ CONTENTIONS The pleadings are deemed amended to embrace the following, and only the following, contentions of the parties: A. Plaintiff’s Contentions [Set forth a brief statement of the plaintiff’s contentions in separately numbered paragraphs as to all ultimate issues of fact and law.] B. Defendant’s Contentions [Set forth a brief statement of the defendant’s contentions in separately numbered paragraphs as to all ultimate issues of fact and law.] V. ISSUES TO BE TRIED [Set forth an agreed statement of the issues to be tried.] VI. PLAINTIFF’S EXHIBITS VII. DEFENDANT’S EXHIBITS 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibits not listed by plaintiff or defendant may not be used at trial except (a) for cross-examination purposes or (b) if good cause for its exclusion from the pretrial order is shown. Each side shall list all exhibits it intends to offer on its case in chief. The list shall include a description of each exhibit. All exhibits shall be pre-marked with each exhibit bearing a unique number or letter (numbers for plaintiff and letters for defendant), with the prefix PX for plaintiff’s exhibits and DX for defendant’s exhibits. On the date the parties deliver the Pretrial Order, each party shall lodge (not file) one (1) working copy (not originals) of all exhibits to be offered into evidence to the clerk of the court, attention Chambers of Judge Lastreto, and one (1) working copy delivered to opposing counsel. Originals and copies of exhibits to be offered into evidence must be brought to the trial. Working copies shall be marked and tabbed. Each exhibit longer than three (3) pages must be numerically Bate stamped or otherwise sequentially numbered for quick reference. Further, the relevant portions of each exhibit longer than three (3) pages shall be highlighted on the court’s working copy and the copy for opposing counsel. [Pursuant to Bankruptcy Local Rule 7090-1, if exhibits offered at trial are not reclaimed within sixty (60) days after entry of judgment or order following completion of trial, and the judgment or order is final and non-appealable, the Clerk may dispose of them as the Clerk may deem fit.] 26 /// 27 28 /// /// 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 VIII. STIPULATIONS AND OBJECTIONS WITH RESPECT TO EXHIBITS Any objections not set forth herein will be considered waived absent good cause shown. [The parties shall set forth any stipulations with respect to the authenticity and admissibility of exhibits and indicate all objections to exhibits and the grounds for each objection.] IX. PLAINTIFF’S WITNESS LIST X. DEFENDANT’S WITNESS LIST The witnesses listed may be called at trial. A witness not identified herein shall not be permitted to testify on either party’s case in chief absent good cause shown. Each party shall list the witnesses it intends to call on its case in chief and, if a witness’s testimony will be offered by deposition, shall designate by page and line numbers the portions of the deposition transcript it intends to offer. Each party shall set forth any objections it has to deposition testimony designated by the other and the basis for each objection. XI. RELIEF SOUGHT [The plaintiff shall set forth the precise relief sought, including each element of damages.] 25 /// 26 /// 27 28 /// /// 4 Dated: __________________ __________________________________ [Signature of Plaintiff’s counsel] __________________________________ [Signature of Defendant’s counsel] Dated: ___________________ IT IS SO ORDERED: __________________________________ René Lastreto II, Judge United States Bankruptcy Court 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

=== Video Conferencing Tips ===

U.S. BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA HONORABLE RENÉ LASTRETO II VIDEO CONFERENCING TIPS 1. 2. 3. 4. 5. 6. 7. The court prefers participation by video. Test the video and audio capabilities of your computer or mobile device at least one day in advance of the hearing. Visit https://zoomgov.com/test and click “Join” to run a meeting test to check your video and audio capabilities over Zoom. Make sure your internet connection is good. You can test your connection at https://www.speedtest.net/. A more detailed walkthrough on testing your home internet connection is available here. If you intend to speak at the hearing, please find a quiet place from which to participate and avoid noisy and echoing locations. If background noise is unavoidable, use a headset-microphone to improve audio quality, which often provides better sound quality for listening and speaking. If you are connecting using a wireless device, such as a tablet or smartphone, situate yourself in a location with a strong wireless signal or connection to WiFi. a. b. c. Although wireless devices may be used, they are very limited, and their performance is inferior. Connection via a hard-wire Ethernet cable will always be faster and more reliable than WiFi. For home networks, if possible, avoid sharing your internet service with others during the session to avoid lost bandwidth. Please have your camera on and microphone muted until called upon, to avoid parties from talking all at once. Mute your phone and all sounds from other applications, such as email notifications and chat messages to minimize background noise. If connected to Zoom audio by telephone, you can mute or unmute your connection by pressing *6 on your phone. 8. 9. If you are participating by video, try to avoid having a window or bright background behind you to avoid appearing on video as a shadow. If you cannot avoid the bright background, try using a desk lamp, ring light, or other light sources to brighten your face. Zoom video participants are permitted to specify a display name. If using video, please specify your complete name to assist the court in creating a record of the proceedings. 10. Avoid running any unnecessary applications besides Zoom to conserve your computer’s processing power and networking. Recommended Settings: Zoom has a lot of settings, and as the Zoom system evolves, certain aspects or features may change. The following settings are recommended by the court to improve the quality of your videoconference: • General: Ask me to confirm when I leave a meeting: ON. • Video: Enable HD: OFF. • Video: Always display participant names on their video: ON. • Video: Always show video preview dialog when joining a meeting: ON. ZoomGov Account and Software: A Zoom account is not necessary to participate, and no pre- registration is required. A Zoom client for desktop or mobile app, or web browser extension may be downloaded at https://zoomgov.com/download. Technical Support: The court is unable to provide technical support for Zoom, your computer equipment, or your internet connection. If experiencing technical difficulties, visit the Zoom Support page at https://support.zoom.us/hc/en-us, or contact your internet service provider.