Allen v. Radio Shack Corporation et al

Filing 100

FINAL PRETRIAL ORDER. Signed by Judge Alsup on 2/12/13. (whalc2, COURT STAFF) (Filed on 2/12/2013)

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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 FRANK ALLEN, 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, v. RADIO SHACK CORPORATION, 14 17 18 FINAL PRETRIAL ORDER Defendant. / 15 16 No. C 11-03110 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 FEBRUARY 19, 2013, at 7:30 A.M., and 19 shall continue until completed on the schedule discussed at the conference. The issues to be 20 tried shall be those set forth in the joint proposed pretrial order except to the extent modified by 21 order in limine. This final pretrial order supersedes all the complaint, answer and any 22 counterclaims, cross-claims or third-party complaints, i.e., only the issues expressly identified 23 for trial remain in the case. 24 25 26 2. An order summarizing the rulings on the motions in limine has been filed at Docket Number 99. 3. Except for good cause, each party is limited to the witnesses and exhibits 27 disclosed in the joint proposed final pretrial order less any excluded or limited by an order 28 in limine. Materials or witnesses used solely for impeachment need not be disclosed and may be used, 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 8 PERSONS shall be used. 4 6. Each side shall have 12 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. Each side shall 7 have 40 MINUTES for opening statements. The time limit for closing arguments will be 8 determined later. If, despite being efficient, non-duplicative, and non-argumentative in the use 9 of the allotted time, one side runs out of time and it would be a miscarriage of justice to hold 11 For the Northern District of California United States District Court 10 that side to the limit, then more time will be allotted. 7. The parties shall follow the Court's current Guidelines for Trial and 12 Final Pretrial Conference, separately provided and available on the Internet at 13, which guidelines are incorporated as part of this order. 14 15 IT IS SO ORDERED. 16 17 Dated: February 12, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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