Prakash v. Pulsent Corporation Employee Long Term Disability Plan

Filing 253

JURY TRIAL PREPARATION ORDER. Signed by Judge Samuel Conti on 1/14/09. (tdm, COURT STAFF) (Filed on 1/14/2009)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ENIKO PRAKASH, ) Plaintiffs, ) ) v. ) PULSENT CORPORATION EMPLOYEE LONG ) TERM DISABILITY PLAN, ) ) ) Defendants. ) ) ____________________________________ ) No. C-06-7592 SC ORDER RE: JURY TRIAL PREPARATION FOR JUDGE SAMUEL CONTI JURY TRIAL PREPARATION FOR JUDGE CONTI A. Required Submissions No later than ten (10) days before trial, each party shall serve upon all other parties and lodge with this court an original and three copies of the following: (1) A JOINT agreed upon, brief statement of the case to be read to the jury prior to trial. (2) Proposed Voir Dire questions. 1 (3) A trial brief. (4) A list of exhibits conforming substantially to the form attached as Appendix A. Upon request of a party, any party shall make the original of any exhibit available for inspection and/or copying. (5) A list of witnesses, including expert witnesses, in the expected order of their presentation. also include: (a) a brief statement as to the content of the witness' testimony; (b) an estimate of the time of the witness' testimony, on both direct and cross examination; (c) any expert testimony shall strictly comply with FRCP Rule 26(a). (d) any Daubert objections to the testimony of any expert or witness should be raised with the Court by motion ten (10) days before trial, or objection is WAIVED. No witnesses other than those on said list shall be allowed to testify, except upon express order of this court. (6) A statement designating all excerpts from depositions The witness list shall (specifying the witness' name, with page and line references), 2 answers to interrogatories, and responses to requests for admission to be offered at trial for any purpose other than impeachment or rebuttal. (7) (8) (9) JOINT jury instructions (see section C. infra). A proposed form of verdict. Motions in Limine will be heard at the pretrial Motions in limine are to be filed and served no conference. later than ten (10) days prior to the pretrial conference, oppositions are to be filed and served no later than five (5) days prior to the pretrial conference. B. Exhibit Binders Exhibits that can be reduced to 8.5" by 11" form (i.e. written documents, photographs, etc.) should be placed in threering binders with each exhibit tabbed on the side. A copy of the exhibit list should be placed in the front of the binder. Binders should be clearly labeled on the outside as to which party's exhibits and what exhibit numbers they contain. parties should prepare three (3) sets of binders: The one for the Judge, one for the witness to refer to, and one for the clerk to act as the original. The original copy should have an exhibit marker attached to the first page of each exhibit in the lower right hand corner. The exhibit marker must appear substantially 3 in the following form: United States District Court Northern District of California Case No. ____________________________ {Name of Party}'s Exhibit No. _______ Date Entered: By: ______________________ Clerk, United States District Court ________________________________ Deputy Clerk These binders are to be delivered directly to Judge Conti's Chambers no later than three (3) days before the date of trial. They are not to be filed in the clerk's office. C. Proposed Jury Instructions No later than ten (10) days before the trial date, the parties shall lodge with the court three identical sets of JOINT proposed jury instructions. The parties are ordered to meet, This confer, and prepare said complete set of jury instructions. complete set of all proposed instructions upon which the parties agree must include all standard instructions regarding the role of jurors, organization of the jury, communication with the court, etc. Failure to submit an agreed upon instruction on a matter of law as to which there is no substantial ground for difference of opinion may be considered a sufficient ground for the imposition of sanctions on counsel. 4 In addition, the parties shall attach to the originals a complete set of instructions on a CD-ROM formatted for Wordperfect or in Rich Text format. Each individual proposed instruction shall be concise and free from argument, and typewritten on separate pages. proposed instruction should include the heading JURY INSTRUCTION NO. ____ centered at the top of the first page of the instruction. Each set shall include two (2) separate copies of the proposed instructions. Each instruction in the first copy should include a title briefly stating the general subject matter of the instruction and should be free from citation to supporting authority or other extraneous references. Each instruction in the second copy should include citations to supporting authority whenever available, but should be identical to instruction in the first copy in all other respects. An example is attached as Appendix B. With each set of instructions, the parties shall include an index to the proposed instructions. IT IS SO ORDERED. Dated: January 14, 2009 ____________________________ United States District Judge 5 Each INSTRUCTIONS FOR COMPLETING EXHIBIT MARKERS AND EXHIBIT LIST EXHIBIT MARKERS Counsel should fill in the appropriate markers leaving the "Date Entered" and "Deputy Clerk" lines blank. Plaintiff's exhibits should be denoted as: P-1, P-2, P-3, etc. Defendant's exhibits should be denoted as: D-501, D-502, D-503, etc. EXHIBIT LIST Counsel are to supply all the requested information with the exception of the two "Date Boxes." COLOR OF EXHIBIT BINDERS Plaintiff's exhibit binders must be black and Defendant's exhibit binders must be blue. APPENDIX A. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. PLAINTIFF Exhibit No. Date Entered: RICHARD W. WIEKING, CLERK By: Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. PLAINTIFF Exhibit No. Date Entered: RICHARD W. WIEKING, CLERK By: Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. PLAINTIFF Exhibit No. Date Entered: RICHARD W. WIEKING, CLERK By: Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. PLAINTIFF Exhibit No. Date Entered: RICHARD W. WIEKING, CLERK By: Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. DEFENDANT Exhibit No. Date Entered: RICHARD W. WIEKING, CLERK By: Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. DEFENDANT Exhibit No. Date Entered: RICHARD W. WIEKING, CLERK By: Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. DEFENDANT Exhibit No. Date Entered: RICHARD W. WIEKING, CLERK By: Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. DEFENDANT Exhibit No. Date Entered: RICHARD W. WIEKING, CLERK By: Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CASE NO. vs. EXHIBIT LIST ( ) PLAINTIFF EXHIBIT NUMBER DATE Marked for Identification Admitted in Evidence DATE ( ) DEFENDANT DESCRIPTION JURY INSTRUCTION NO. ____ Unintentional Tort -- Negligence -- Defined Negligence is the doing of some act which a reasonably prudent person would not do . . . . . . etc. APPENDIX B. JURY INSTRUCTION NO. ____ Unintentional Tort -- Negligence -- Defined Negligence is the doing of some act which a reasonably prudent person would not do . . . . . . etc. Source: Ninth Circuit Model Jury Instructions § 80.03 APPENDIX B. (cont.)

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