Mitsui O.S.K. Lines, Ltd. v. Seamaster Logistics, Inc.
Filing
92
COURT TRIAL PREPARATION ORDER. Signed by Judge Samuel Conti on 12/5/12. (tdmS, COURT STAFF) (Filed on 12/5/2012)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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MITSUI O.S.K. LINS, LTD.,
Plaintiffs,
v.
SEAMASTER LOGISTICS, INC.,
Defendants.
No. C-10-5591 SC
C-11-2861 SC
ORDER RE: COURT TRIAL
PREPARATION FOR JUDGE
SAMUEL CONTI
COURT 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 three courtesy copies directly to chambers of the
following:
(1) Proposed Findings of Fact and Conclusions of Law (a
fourth copy of which must be provided in Word format and e-mailed
to Judge Conti’s proposed order mail box,
scPO@cand.uscourts.gov).
(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.
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(4) 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
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.
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Binders should be clearly labeled on the outside as to which
party's exhibits and what exhibit numbers they contain.
The
parties should prepare four (4) sets of binders: two sets for the
Judge’s chambers, 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.
IT IS SO ORDERED.
Dated: December 5, 2012
United States District Judge
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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.
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.
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.
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.
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.
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.
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.
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.
DATE
vs.
EXHIBIT LIST
( ) PLAINTIFF
EXHIBIT
NUMBER
( ) DEFENDANT
DATE
Marked for
Identification
DESCRIPTION
Admitted in
Evidence
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