Conceptus, Inc. v. Hologic, Inc.

Filing 432

FINAL PRETRIAL ORDER. Signed by Judge Alsup on September 27, 2011. (whalc1, COURT STAFF) (Filed on 9/27/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 CONCEPTUS, INC., 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, v. HOLOGIC, INC., 14 17 18 FINAL PRETRIAL ORDER Defendant. / 15 16 No. C 09-02280 WHA 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 OCTOBER 3, 2011, at 7:30 A.M., and shall 19 continue until completed on the schedule discussed at the conference. The issues to be tried shall 20 be those set forth in the joint proposed pretrial order except to the extent modified by order in 21 limine. This final pretrial order supersedes all the complaint, answer and any counterclaims, 22 cross-claims or third-party complaints, i.e., only the issues expressly identified for trial remain in 23 the case. 24 2. Rulings on the motions in limine shall be set forth in a separate order. 25 3. Except for good cause, each party is limited to the witnesses and exhibits disclosed 26 in the joint proposed final pretrial order less any excluded or limited by an order in limine. 27 Materials or witnesses used solely for impeachment need not be disclosed and may be used, 28 subject to the rules of evidence. 1 2 4. The stipulations of facts set forth in the joint proposed final pretrial order are approved and binding on all parties. 3 5. A jury of EIGHT PERSONS shall be used. 4 6. Each side shall have FOURTEEN HOURS to examine witnesses (counting direct 5 examination, cross-examination, re-direct examination, re-cross examination, etc.). 6 Opening statements and closing arguments shall not count against the limit. 7 7. The parties shall follow the Court’s current Guidelines for Trial and Final Pretrial 8 Conference, separately provided and available on the Internet at http://www.cand.uscourts.gov, 9 which guidelines are incorporated as part of this order. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 12 13 Dated: September 27, 2011. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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