Swingless Golf Club Corporation v. Taylor et al

Filing 125

FINAL PRETRIAL ORDER. Signed by Judge Alsup on September 13, 2010. (whalc1, COURT STAFF) (Filed on 9/13/2010)

Swingless Golf Club Corporation v. Taylor et al

Doc. 125

1 2 3 4 5 6 7 8 9 10 SWINGLESS GOLF CLUB CORPORATION, a Wyoming corporation, Plaintiff, v. ROY H. TAYLOR, individually and d/b/a CENTERFIRE GOLF COMPANY, and JAMES S. STOWELL, an individual, JACK GALANTI, an individual, MIKE STRINGER, an individual, CENTERFIRE GOLF COMPANY, a California corporation, NEW RIVER INDUSTRIES CORP., EZEE GOLF LLC, a Delaware limited liability company, and STEVE FLUKE, an individual, Defendants. / No. C 08-05574 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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FINAL PRETRIAL ORDER

FOR GOOD CAUSE and after a final pretrial conference, the Court issues the
following final pretrial order: 1. This case shall go to a JURY TRIAL on SEPTEMBER 20, 2010, at 7:30 A.M., and

shall continue until completed on the schedule discussed at the conference. The issues to be tried shall be those set forth in the joint proposed pretrial order except to the extent modified by order in limine. This final pretrial order supersedes all the complaint, answer and any counterclaims, cross-claims or third-party complaints, i.e., only the issues expressly identified for trial remain in the case.

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2.

For there reasons stated at the final pretrial conference, plaintiffs' two motions in

limine are DENIED. 3. Except for good cause, each party is limited to the witnesses and exhibits

disclosed in the joint proposed final pretrial order less any excluded or limited by an order in limine. Materials or witnesses used solely for impeachment need not be disclosed and may be used, subject to the rules of evidence. 4. The stipulations of facts set forth in the joint proposed final pretrial order are

approved and binding on all parties. 5. 6. A jury of EIGHT PERSONS shall be used. Each side shall have TEN HOURS to examine witnesses (counting direct

United States District Court

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For the Northern District of California

examination, cross-examination, re-direct examination, re-cross examination, etc.). Opening statements and closing arguments shall not count against the limit. As agreed upon at the final pretrial conference, opening statements will be limited to TWENTY MINUTES per side. If, despite being efficient, non-duplicative, and non-argumentative in the use of the allotted time, one side runs out of time and it would be a miscarriage of justice to hold that side to the limit, then more time will be allotted. 7. The parties shall follow the Court's current Guidelines for Trial and

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Final Pretrial Conference, separately provided and available on the Internet at http://www.cand.uscourts.gov, which guidelines are incorporated as part of this order.

IT IS SO ORDERED.

Dated: September 13, 2010.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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