Refuerzo v. Southwest Airlines Co.

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
RORESTE REFUERZO, et al.,
Plaintiffs,
v.
SOUTHWEST AIRLINES CO.,
Defendant.
Case No. 22-cv-00868-JSC
PRETRIAL ORDER NO. 3
Following the Further Case Management Conference held on January 14, 2026, IT IS
ORDERED:
I. CASE MANAGEMENT SCHEDULE
Expert Witness Disclosures: January 16, 2026
Rebuttal Expert Witness Disclosures: February 16, 2026
Expert Discovery Cutoff: March 6, 2026
Summary Judgment/Daubert Deadline: March 19, 2026
Summary Judgment/Daubert Opposition: April 9, 2026
Summary Judgment/Daubert Replies: April 23, 2026
Dispositive/Daubert Motion Hearing: May 14, 2026
The parties are referred to a randomly-assigned magistrate judge for a settlement
conference to occur at a time agreed to by the parties and magistrate judge.
II. DISCOVERY DEADLINES
All depositions must be noticed at least 30 days before the close of fact discovery. Any
discovery-related letter briefs or motions are due one week after the close of fact discovery. The
same rules apply to expert discovery. See N.D. Cal. Civ. L.R. 37-3.
III. TRIAL DATE
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United States District Court
Northern District of California
A. Jury trial will begin on August 3, 2026, at 8:00 a.m., in Courtroom 8, 19th Floor,
U.S. District Court, 450 Golden Gate, San Francisco, California.
B. The Court is expecting the length of the trial to not exceed 10 court days.
IV. PRETRIAL CONFERENCE
A Final Pretrial Conference shall be held on July 16, 2026, at 2:00 p.m., in Courtroom 8,
19th Floor. Lead trial counsel for each party shall attend.
A. At least seven days prior to date of the Final Pretrial Conference the parties shall do
the following:
1. In lieu of preparing a Joint Pretrial Conference Statement, the parties shall
meet and confer in person, and then prepare and file a jointly signed Proposed Final Pretrial Order
that contains: (a) a brief description of the substance of claims and defenses which remain to be
decided; (b) a statement of all relief sought; (c) all stipulated facts; (d) a joint exhibit list in
numerical order, including a brief description of the exhibit and Bates numbers, a blank column
for when it will be offered into evidence, a blank column for when it may be received into
evidence, and a blank column for any limitations on its use; and (e) each party’s separate witness
list for its case-in-chief witnesses (including those appearing by deposition), including, for all such
witnesses (other than party plaintiffs or defendants), a short statement of the substance of his/her
testimony and, separately, what, if any, non-cumulative testimony the witness will offer. For each
witness, state an hour/minute time estimate for the direct examination (only). Items (d) and (e)
should be submitted as appendices to the proposed order. The proposed order should also state
which issues, if any, are for the Court to decide, rather than the jury.
2. File a joint set of proposed instructions on substantive issues of law
arranged in a logical sequence. If undisputed, an instruction shall be identified as “Stipulated
Instruction No. ____ Re ___________,” with the blanks filled in as appropriate. If disputed, each
version of the instruction shall be inserted together, back to back, in their logical place in the
overall sequence. Each such disputed instruction shall be identified as, for example, “Disputed
Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled
in as appropriate. All disputed versions of the same basic instruction shall bear the same number.
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United States District Court
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Any modifications to a form instruction must be plainly identified. If a party does not have a
counter version and simply contends that no such instruction in any version should be given, then
that party should so state (and explain why) on a separate page inserted in lieu of an alternate
version. With respect to form preliminary instructions, general instructions, or concluding
instructions, please simply cite to the numbers of the requested instructions in the current edition
of the Ninth Circuit Model Jury Instructions. Other than citing the numbers, the parties shall not
include preliminary, general, or concluding instructions in the packet.
3. File a separate memorandum of law in support of each party’s disputed
instructions, if any, organized by instruction number.
4. File trial briefs on any controlling issues of law.
5. File proposed verdict forms, joint or separate.
6. File and serve any objections to exhibits.
7. File a joint simplified Statement of the Case to be read to the jury during
voir dire as part of the proposed jury instructions. Unless the case is extremely complex, this
statement should not exceed one page.
B. Any motions in limine shall be submitted as follows: at least twenty (20) calendar
days before the conference, the moving party shall serve, but not file, the opening brief. At least
ten (10) calendar days before the conference, the responding party shall serve the opposition.
There will be no reply. When the oppositions are received, the moving party should collate the
motion and the opposition together, back-to-back, and then file the paired sets at least seven (7)
calendar days before the conference. Each motion should be presented in a separate memorandum
and properly identified, for example, “Plaintiff’s Motion in Limine No. 1 to Exclude . . . .” Each
party is limited to bringing five motions in limine. The parties are encouraged to stipulate where
possible, for example, as to the exclusion of witnesses from the courtroom. Each motion should
address a single, separate topic, and contain no more than seven pages of briefing per side.
C. Hard-copy courtesy copies of the above documents shall be delivered by NOON
the day after filing. The Joint Proposed Final Pretrial Order, jury instructions, and verdict form
shall also be submitted via e-mail as Word attachments to jsc_settlement@cand.uscourts.gov. The
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United States District Court
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Court requests that all hard-copy submissions be three-hole-punched.
V. PRETRIAL ARRANGEMENTS
A. Should a daily transcript and/or real-time reporting be desired, the parties shall
make arrangements with the Supervisor of the Court Reporting Services, at
(415) 522-2079, at least ten (10) calendar days prior to the trial date.
B. During trial, counsel may wish to use overhead projectors, laser-disk/computer
graphics, poster blow-ups, models, or specimens of devices. Equipment should be shared by all
counsel to the maximum extent possible. The Court provides no equipment other than an easel.
The United States Marshal requires a court order to allow equipment into the courthouse. For
electronic equipment, parties should be prepared to maintain the equipment or have a technician
handy at all times. The parties shall tape extension cords to the carpet for safety. The parties may
work with the deputy clerk, Ada Means (415-522-2015), on all courtroom-layout issues.
SCHEDULING
Trial will be conducted from 8:00 a.m. to 2:30 or 3:00 p.m., depending on the availability
of witnesses, Monday through Friday. Counsel must arrive by 8:00 a.m., or earlier as needed, for
any matters to be heard out of the presence of the jury. The jury will be called at 8:30 a.m.
THE JURY
The Jury Office asks prospective jurors to complete an online jury questionnaire in
advance of their summons date. The standard questionnaire available on the Northern District’s
website at https://cand.uscourts.gov/wp-
content/uploads/Jury_StandardCivilTrial_SurveyMonkey2025.pdf. The parties are allowed to add
10 case specific questions to the questionnaire. The parties shall meet and confer, and to the
extent possible, file a joint list of proposed questions to add to the questionnaire. To the extent
that the parties cannot agree, they may submit separate proposed questions from which the Court
will choose 10. The parties joint or separate submissions are due 21 days before trial. The Court
will provide the parties with the survey responses the Friday before trial.
In civil cases, there are no alternate jurors and the jury is selected as follows: Eighteen to
twenty jurors are called to fill the jury box and the row in front of the bar, and are given numbers
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(1 through 20). The remaining potential jurors will be seated in the public benches. Hardship
excuses will usually be considered at this point. Counsel may conduct a limited voir dire.
Challenges for cause will then be addressed out of the presence of the potential jurors. The Court
will consider whether to fill in the seats of the stricken jurors. If so, questions will be asked of the
additional jurors and cause motions as to them will be considered. After a short recess, each side
may exercise its allotment of peremptory challenges out of the presence of the potential jurors.
The eight (or such other size as will constitute the jury) surviving the challenge process with the
lowest numbers become the final jury. If more (or fewer) than eight jurors are to be seated, then
the starting number will be adjusted. So too if more than a total of six peremptories are allowed.
Once the jury selection is completed, the jurors’ names will be read again and they will be seated
in the jury box and sworn. The Court may alter this procedure in its discretion and after
consultation with the parties.
WITNESSES
At the close of each trial day, all counsel shall exchange a list of witnesses (other than for
impeachment) for the next two full court days and the exhibits that will be used during direct
examination (other than for impeachment of an adverse witness). Within 24 hours of such notice,
all other counsel shall provide any objections to such exhibits and shall provide a list of all
exhibits to be used with the same witness on cross-examination (other than for impeachment). The
first notice shall be exchanged prior to the first day of trial. All such notices shall be provided in
writing.
EXHIBITS
A. Prior to the Final Pretrial Conference, counsel must meet and confer in person to
consider all exhibit numbers and objections and to eliminate duplicate exhibits and confusion over
the precise exhibit.
B. Use numbers only, not letters, for exhibits, preferably the same numbers as were
used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g.,
Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single
exhibit should be marked only once. If the plaintiff has marked an exhibit, then the defendant
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should not re-mark the exact document with another number. Different versions of the same
document, e.g., a copy with additional handwriting, must be treated as different exhibits with
different numbers. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be
marked and referred to as “Trial Exhibit No. _____,” not as “Plaintiff’s Exhibit” or “Defendant’s
Exhibit.”
C. Exhibits tags: Exhibits must be labeled in the lower right-hand corner with the
exhibit number in a prominent, bold typeface.
D. Counsel must consult with each other and with the deputy clerk at the end of each
trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If
there are any differences, counsel should bring them promptly to the Court’s attention.
E. The parties shall provide the Court with one official set of the record exhibits seven
(7) days before the Pretrial Conference. Each exhibit must be separated with a label divider
identifying the exhibit number. Spine labels should indicate the numbers of the exhibits that are in
the binders. At trial, the parties shall provide individual witness exhibit binders which contain all
the exhibits the parties expect to use with the witness. The parties shall provide two copies of each
witness binder: one for the witness and one for the Court.
F. Before the closing arguments, counsel must confer with the deputy clerk to make
sure the exhibits in evidence are in good order.
G. Exhibit notebooks for the jury will not be permitted without prior permission from
the Court. Publication must be by poster blow-up, overhead projection, or such other method as is
allowed in the circumstances. It is permissible to highlight, circle or underscore in the
enlargements as long as it is clear that it was not on the original.
CHARGING CONFERENCE
As the trial progresses and the evidence is heard, the Court will fashion a comprehensive
set of jury instructions to cover all issues actually being tried. Prior to the close of the evidence,
the Court will provide a draft final charge to the parties. After a reasonable period for review, one
or more charging conferences will be held at which each party may object to any passage, ask for
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modifications, or ask for additions. Any instruction request must be renewed specifically at the
conference or it will be deemed waived, whether or not it was requested prior to trial. If, however,
a party still wishes to request an omitted instruction after reviewing the Court’s draft, then it must
affirmatively re-request it at the charging conference in order to give the Court a fair opportunity
to correct any error. Otherwise, as stated, the request will be deemed abandoned or waived.
IT IS SO ORDERED.
Dated: January 15, 2026
______________________________________
JACQUELINE SCOTT CORLEY
United States District Judge
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