Onwukeme v. Costco Wholesale Corporation
- Yvonne Rogers
- 4:19-cv-07263
- U.S. District Court · Northern District of California
- 6
In Onwukeme v. Costco, Judge Rogers vacated the jury trial because of the COVID-19 pandemic and set procedures for a future trial.
The plaintiffs, Costco Wholesale Corp., any Doe defendants, their attorneys and witnesses, and the court’s future trial proceedings are affected by the order.
What happened
Onwukeme v. Costco Wholesale Corporation is a case involving Gerald Onwukeme and other plaintiffs and Costco Wholesale Corp. The court held a pretrial conference on February 26, 2021, and entered rules governing the trial.
Because of the ongoing COVID-19 pandemic, the court vacated the jury trial. The court said the parties would be contacted about rescheduling once the district was regularly trying cases. The order also limited each side to eight hours to present its case and set rules for witnesses, exhibits, evidence, jury selection, and trial equipment.
The order requires the parties to attend another settlement conference and warns that violations may lead to sanctions, including fines or ending a party’s case. Judge Yvonne Gonzalez Rogers also ordered that Doe defendants would be dismissed when the jury or first witness was sworn, whichever came first.
The detailed version
- Onwukeme v. Costco Wholesale Corporation · No. 4:19-cv-07263
- Yvonne Rogers
- Mar. 1, 2021
Background
The court issued Pretrial Order No. 1 after considering the parties’ filings and submissions at a February 26, 2021 pretrial conference. The opinion does not describe the underlying claims or the parties’ factual dispute.
Trial date and schedule
The court vacated the jury trial because of the ongoing COVID-19 pandemic. It stated that the parties would be contacted about rescheduling once the district was regularly trying cases. The order provided general trial hours and stated that each party would have eight hours to present its case, including opening and closing statements.
Trial procedures
The order excluded witnesses until they completed their testimony and prohibited references to settlement discussions, mediation, or insurance. It limited the parties to the witnesses and exhibits identified in their pretrial filings, although documents connected to ongoing subpoena-compliance proceedings would not be excluded solely for being submitted late. The order also established procedures for exhibit marking, stipulations, courtroom equipment, jury selection, peremptory challenges, opening statements, expert disclosures, transcripts, video depositions, witness notices, interpreter use, jury questions, and transcript requests.
The parties must give required notices, keep witnesses available, and follow time limits and courtroom procedures. The court stated that a party may be treated as having finished presenting its case if it is not ready with a witness after the prior witness finishes. Doe defendants will be deemed dismissed once the jury or first witness is sworn, whichever occurs first.
Settlement and compliance
The parties must participate in a mandatory settlement conference with Magistrate Judge Kim as directed by her. Counsel must promptly notify the court of any settlement, and the trial and related dates will not be vacated until a formal notice of settlement is filed. The order warns that noncompliance may result in sanctions appropriate to the violation, including monetary fines or terminating sanctions.
Disposition
This is a procedural pretrial order. It vacated the scheduled jury trial and established requirements for a future trial; it did not decide the underlying claims.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.