Assignment Sheet no. 2 - Hastings College of the Law

Civil Procedure I
Spring 2013
R. Marcus
Assignment Sheet no. 2
Feb. 18
Feb. 19
Presidents' Day Holiday
Enforcement of discovery obligations: pp. 422-29; FRCP
26(a)(1)(A)(iii); 26(e); 37.
Feb. 20 Introductory Overview of Adjudication: pp. 471-76;
523-31; 592-94; 430-34; FRCP 26(a)(3); Buffalo
Creek pp. 264-65 (238-39) I intend to introduce
this material in lecture format, inviting any
questions you have.
Feb. 20
RECAP on discovery, 3:30 to 4:30 in Room B
Feb. 21 Summary judgment initial showing: pp. 434-40; FRCP 56.
Rule 56 was reorganized in 2010, with the result
that the the provisions have been moved around.
One of your tasks will be to link up what's in the
cases with where the provisions are now in the
rule. To aid you in doing that, a Rule 56 Cheat
Sheet is attached to this assignment sheet as an
Appendix. COURT VISIT MEMOS DUE
Feb. 25 pp. 440-54
Feb. 26 Determining if summary judgment is warranted: pp. 455-
70; The notes after these cases are quite long,
and you might pay particular attention to notes 2,
7, 8, 9, 12, 14, and 15
Feb. 27
Feb. 28
Judgment as a matter of law: pp. 594-611, FRCP 50(a)
and (b) (Focus on the analysis of the evidence; I
expect to introduce and try to explain the
analysis of the Seventh Amendment issues rather
than proceeding through that topic in questionand-answer
format.)
Marcus out of town
March 4 pp. 611-23
March 4
(Extra hour at 1:10 p.m. in Room where Con. Law
regularly meets) Motion for a new trial: pp. 632-
39; 643-48; FRCP 59; 60(b); 61. Note that I am
not assigning pp. 639-43, and that I do not intend
to focus on FRCP 50(c), (d), and (e). If you want
to read up on that, feel free to do so.

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March 5 Remittitur and Additur: pp. 648-61
March 6 Form of verdict: pp. 661-72; FRCP 49 and 51
March 7
Marcus out of town
March 11-15
Spring Break
March 18
Juror impeachment of verdict: pp. 672-79; Fed. R. Evid.
606(b) (p. 678 n.5)
ADJUDICATION RECAP at about this point -- probably at 3:30
p.m. on Wed. March 20. Assignment Sheet No. 3 to be sent
out in time for completion of this material.
APPENDIX
Cheat Sheet on Rearrangement of Rule 56
p. 430, line 3: Reference to Rule 56(c) should now be to
Rule 56(a).
p. 430-31: Reference to Rule 56(a) should now be to Rule
56(b).
Adickes (pp. 434 et seq.): The references to former Rule
56(e) should be compared to current Rule 56(c); the 1963
amendments are implicit in the current rule provisions.
p. 436, 1st paragraph line 4: Reference to Rule 56(c)
should now be to Rule 56(a).
p. 436, 2d paragraph, last line: Reference to Rule 56(f)
should be to Rule 56(d) and perhaps (e)(1).
p. 440, last line before Celotex: Reference to Rule 56(f)
should be to Rule 56(d) and perhaps (e)(1).
Celotex (p. 440 et seq.): Again, references to former Rule
56(e) should be compared to current Rule 56(c).
p. 441, 3d paragraph, line 3: Reference to Rule 56(c)
should be to Rule 56(a).
p. 442, the full paragraph, line 10, and lines 12 & 13:
Reference to Rule 56(a) and (b) should be to Rule 56(c).
pp. 442-44: References to Rule 56(e) here seem mainly
historical; references to Rule 56(c) should now refer to
Rule 56(a).

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p. 444, second full paragraph, line 6: Reference to Rule
56(f) should now refer to Rule 56(d), and perhaps also
(e)(1).
p. 447, ftn. 3: References to Rule 56(e) refer to current
56(c), and references to Rule 56(f) refer to current 56(d)
and perhaps (e)(1).
p. 453, note 8: The reference to Rule 56(f) should apply to
Rule 56(d) and perhaps (e)(1).
p. 454, note 11, first line: The reference to Rule 56(c)
should now refer to Rule 56(a).
p. 459, 2st full paragraph, line 9: Reference to Rule 56(f)
should now be to 56(d).
p. 464, note 8, second paragraph, line 6: Reference to Rule
56(c) should now refer to Rule 56(a).
p. 466, note 11: References to Rule 56(e) should now refer
to Rule 56(c).
p. 467, note 14, last line: Reference to Rule 56(g) should
be to Rule 56(h).