Deman v. Allied Administrators, Inc et al

Filing 36

JURY TRIAL PREPARATION ORDER. Signed by Judge Samuel Conti on 1/17/12. (tdm, COURT STAFF) (Filed on 1/17/2012)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

)
)
)
Plaintiff,
)
)
v.
)
)
ALLIED ADMINISTRATORS, INC. et al., )
)
Defendants.
)
)
)
____________________________________ )
RUSSELL DEMAN,

No. C-10-4109 SC

ORDER RE: JURY TRIAL
PREPARATION FOR JUDGE
SAMUEL CONTI

JURY TRIAL PREPARATION FOR JUDGE CONTI

A.

Required Submissions
No later than fourteen (14) calendar days before trial, each

party shall e-file with this court, serve upon all other parties,
and provide to the court three courtesy copies directly to
chambers 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.
(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.

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 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

(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.
(7)

JOINT jury instructions (see section C. infra).

(8)

A proposed form of verdict.

(9)

Motions in Limine will be heard at the pretrial

conference.

Motions in limine are to be filed and served no

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 stapled 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.

C.

Proposed Jury Instructions
No later than fourteen (14) calendar days before the trial

date, the parties shall e-file and provide the Court with three
courtesy copies of identical sets of JOINT proposed jury
instructions.

The parties are ordered to meet, confer, and

prepare said complete set of jury instructions.

This 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.

In addition, the parties shall e-mail a complete set of
instructions in Word format to Judge Conti’s proposed order mail
box, [e-mail].
Each individual proposed instruction shall be concise and
free from argument, and typewritten on separate pages.

Each

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 17, 2012
United States District Judge

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.

A P P E N D I X

A.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.

PLAINTIFF Exhibit No.

DEFENDANT Exhibit No.

Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT
COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.

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

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.

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No.

PLAINTIFF Exhibit No.

DEFENDANT Exhibit No.

Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

Date Entered:
RICHARD W. WIEKING, CLERK
By:
Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CASE NO.

DATE
vs.
EXHIBIT LIST
( ) PLAINTIFF

EXHIBIT
NUMBER

( ) DEFENDANT

DATE

DESCRIPTION

Marked for

Admitted in

Identification

Evidence

JURY INSTRUCTION NO. ____

Unintentional Tort -- Negligence -- Defined
Negligence is the doing of some act which a reasonably prudent
person would not do . . .
. . . etc.

A P P E N D I X

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

A P P E N D I X

B. (cont.)