Securities And Exchange Commission v. Mercury Interactive LLC et al

Filing 281

REMINDER NOTICE OF UPCOMING TRIAL (3/13/2013) AND FINAL PRETRIAL CONFERENCE (2/25/2013 at 2:00 PM). Signed by Judge William Alsup on 1/8/2013. (whasec, COURT STAFF) (Filed on 1/8/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,

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No. C 07-02822 WHA

v.

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MERCURY INTERACTIVE LLC, et al.,

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REMINDER NOTICE OF
UPCOMING TRIAL AND FINAL
PRETRIAL CONFERENCE

Defendants.
/

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This notice serves as a friendly reminder that this case remains set for a FINAL
PRETRIAL CONFERENCE on

FEBRUARY 25, 2013, at 2:00 P.M., with a JURY TRIAL on

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MARCH 13, 2013. Please consult the existing case management order and review and follow

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all standing guidelines and orders of the undersigned for civil cases on the Court’s website at

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http://www.cand.uscourts.gov. Continuances will rarely be granted.

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The final pretrial conference will be an important event, for it will be there that the

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shape of the upcoming trial will be determined, including in limine orders, time limits and

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exhibit mechanics. Lead trial counsel must attend.

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To avoid any misunderstanding with respect to the final pretrial conference and trial, the

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Court wishes to emphasize that all filings and appearances must be made — on pain of

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dismissal, default or other sanction — unless and until a dismissal fully resolving the case is

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received. It will not be enough to inform the clerk that a settlement in principle has been

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reached or to lodge a partially executed settlement agreement or to lodge a fully executed

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agreement (or dismissal) that resolves less than the entire case. Where, however, a

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fully-executed and unconditional settlement agreement clearly and fully disposing of the entire

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case is lodged reasonably in advance of the pretrial conference or trial and only a ministerial act

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remains, the Court will arrange a status conference to work out an alternate procedure pending a

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formal dismissal.

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Please state whether the Court can be of further ADR assistance (but avoid stating offers,
counteroffers or dollar amounts).

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In this case, the Court wishes to consider the following additional trial procedures and
desires that counsel meet and confer and reach a stipulation concerning whether and how to use

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For the Northern District of California

United States District Court

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them:

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Scheduling opposing experts so as to appear in successive order;

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2.

Giving preliminary instructions on the law;

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3.

Allowing limited pre-closing deliberations (as per, e.g., Rule 39 of

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the Arizona Rules of Civil Procedure); and

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4.

Allowing each side fifteen minutes of opening/argument time to be

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used during the evidence time (in addition to normal opening statement and

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closing argument).

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Please present the results of your stipulation (or not) in the joint pretrial conference

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submissions.

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Dated: January 8, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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