Ahcom, Ltd. v. Smeding et al

Filing 51

COURT TRIAL PREPARATION ORDER. Signed by Judge Samuel Conti on 12/8/08. (tdm, COURT STAFF) (Filed on 12/8/2008)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) )

AHCOM LTD, Plaintiffs, v. HENDRIK SMEDING, et al. Defendants.

No. C-07-1139 SC ORDER RE: COURT TRIAL PREPARATION FOR JUDGE SAMUEL CONTI

COURT 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 three copies of the following: (1) Proposed Findings of Fact and Conclusions of Law (a fourth copy of which must be provided on disk in Wordperfect format). (2) A trial brief. (3) 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. (4) A list of witnesses, including expert witnesses, in the expected order of their presentation. 1 The witness list shall

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 FRC Rule 26(a); (d) any Daubert objections to the testimony of any expert or witness should be raised with the Court by motion (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. (5) A statement designating all excerpts from depositions

(specifying the witness' name, with page and line references), answers to interrogatories, and responses to requests for admission to be offered at trial for any purpose other than impeachment or rebuttal.

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. 2 The

parties should prepare three (3) sets of binders:

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

in the following form:

United States District Court Northern District of California Case No. ____________________________ {Name of Party}'s Exhibit No. _______ Date Entered: ______________________

Clerk, United States District Court By: ________________________________ 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.

IT IS SO ORDERED.

Dated: December 8, 2008

United States District Judge

3

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, 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." etc.

COLOR OF EXHIBIT BINDERS Plaintiff's exhibit binders must be black and Defendant's exhibit binders must be blue.

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. 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. 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. ( ) PLAINTIFF EXHIBIT NUMBER DATE
Marked for Identification Admitted in Evidence

DATE

EXHIBIT LIST

( ) DEFENDANT DESCRIPTION