Tyco Thermal Controls, LLC v. Redwood Industrials et al

Filing 490

ORDER re Further Trial Preparation. Signed by Judge Nathanael M. Cousins on 1/07/2013. (nclc2, COURT STAFF) (Filed on 1/7/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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TYCO THERMAL CONTROLS LLC,

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Plaintiff,

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ORDER RE: FURTHER TRIAL
PREPARATION

v.

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Case Nos. 06-cv-07164 NC
10-cv-01606 NC

REDWOOD INDUSTRIALS, LLC,

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Defendant.

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In addition to the Court’s standing order on trial preparation, the Court orders as
follows:
1. Joint Trial Readiness Binder. The parties are ordered to provide the Court

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with two copies of a Joint Trial Readiness Binder. The documents and binder with said

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documents are due seven days prior to the commencement of trial. The Joint Trial

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Readiness Binders shall contain copies of filed documents with the ECF header reflecting

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the item’s docket number and filing date, including:

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(A) Proposed Order Re Trial Stipulations. The Court expects that the parties

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will agree to a variety of stipulations regarding the conduct of the trial. A proposed order

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outlining all such stipulations shall be presented to the Court.

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(B) Updated Witness Lists. An updated list of all witnesses likely to be

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called at trial (other than solely for impeachment or rebuttal), with a brief statement

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following each name describing the substance of the testimony to be given and a time

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estimate of the direct and cross examinations. This information shall be presented in
Case No. 06-cv-07164 NC
ORDER RE FURTHER
TRIAL PREPARATION

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chart format and organized by party.
(C) Updated Expert Witness Lists. An updated list of all expert witnesses

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with a summary which shall clearly state the expert’s theories and conclusions and the

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basis therefore and shall be accompanied by a curriculum vitae; if the expert has prepared

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a report in preparation for the testimony, a copy thereof shall be furnished to opposing

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counsel. Witnesses not included on the list may be excluded from testifying.

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(D) Updated Exhibit Lists Annotated with Stipulations/Objections. An

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updated list of all documents and other items to be offered as exhibits at the trial (other

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than solely for impeachment or rebuttal) shall be provided with a brief description of each

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exhibit’s contents, and the identity of each sponsoring witness. As applicable, the exhibit

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list shall specify whether the parties stipulate to admit the exhibit or the grounds for any

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objections to the exhibit. The exhibit list shall also include an additional column so that

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the Court can track the date on which each exhibit is admitted. Prior to submitting the

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list, the parties shall meet and confer and attempt to stipulate as to the admissibility of

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each exhibit. This information shall be presented in chart format and organized

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numerically. Parties shall meet and confer and agree on numeric designations for

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exhibits, such as plaintiffs shall have numbers 1-99, defendants: numbers 100-199. The

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agreed-upon designations shall be noted for the Court.

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(E) Updated List of Discovery Excerpts. The parties shall list those excerpts

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from depositions, from interrogatory answers, or from responses to requests for admission

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(other than those solely for impeachment or rebuttal) likely to be used at trial. Prior to

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submitting the list, the parties shall meet and confer and attempt to resolve any

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disagreements regarding designations or counter-designations. The parties shall (i)

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identify any remaining legal objections to the excerpts on the list itself, and (ii) attach in a

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separate appendix copies of the disputed excerpts so that the Court can review the

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disputed materials. The parties shall provide a single proposed order with each disputed

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designation which will allow the Court to rule whether permission to use each is granted,

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granted with modification, or denied.
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ORDER RE FURTHER
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2. Electronic Copies of Trial Documents. The parties shall send an electronic

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copy in Word format to [e-mail] of the following documents listed

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above: (i) Proposed Order Re Trial Stipulations; and (ii) Proposed Order Re Discovery

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Excerpts.

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3. Stipulations re Admissibility. The parties shall make a good faith effort to

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stipulate to exhibits’ admissibility. If stipulation is not possible, the parties shall make

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every effort to stipulate to authenticity and foundation absent a legitimate objection.

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4. Copies of Exhibits to Court. Exhibits shall be provided to the Court on the
Friday prior to the trial date as follows: two sets of exhibits marked, tabbed, indexed, and

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to be provided in binders. Exhibits sets may be delivered/mailed directly to Chambers.

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The parties shall otherwise coordinate with the Courtroom Deputy for other delivery.

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Each exhibit shall be pre-marked with an exhibit tag placed in the top right corner

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of the first page of a document. Parties are to use a color other than white for the exhibit

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tags. A page of blank trial exhibit tags can be found on the Court’s website. If an exhibit

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is a physical object (rather than a document), a picture should be taken and placed in the

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binder.

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5. Disposition of Exhibits after Trial. Upon the conclusion of the trial, each

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party shall retain its exhibits through the appellate process. It is each party’s

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responsibility to make arrangements with the Clerk of Court to file the record on appeal.

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6. Proposed Findings of Fact and Conclusions of Law. By the Friday prior to

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the trial date, each party shall serve and lodge with the Court proposed Findings of Fact

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and Conclusions of Law on all material issues. Proposed Findings shall be brief, written

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in plain English and free of pejorative language, conclusions, and argument. In addition,

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the parties shall send an electronic copy in Word format to [e-mail].

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7. Miscellaneous.
(A) Witness Photographs. The Court may take a photograph of each witness

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prior to the witness’ testimony to assist the trier of fact with recalling the testimony.

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Please advise your witnesses.
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ORDER RE FURTHER
TRIAL PREPARATION

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(B) Electronic Equipment. If a party wishes to use electronic equipment or

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other large items (such as bookshelves), the party must file a request and proposed order

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with the Court by the second Friday preceding the trial. Equipment not provided by the

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Court must be tested in the courtroom prior to the day when it will be used.

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Arrangements may be made with the Courtroom Deputy, Lili Harrell at [phone],

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as to an appropriate time for doing so.

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IT IS SO ORDERED.

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Date: January 7, 2013

____________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 06-cv-07164 NC
ORDER RE FURTHER
TRIAL PREPARATION

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