Steinhart v. Barkela et al

Filing 80

CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL. Signed by Judge Elizabeth D. Laporte on October 15, 2012. (wsn, COURT STAFF) (Filed on 10/15/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SALLY STEINHART

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For the Northern District of California

United States District Court

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Plaintiff,
v.

No. C-11-03497EDL
CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL

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JOSEPH BARKELA

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Defendant.
_______________________________/

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Following the Case Management Conference held on October 2, 2012, IT IS HEREBY
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ORDERED THAT the following case management and pretrial order is entered:
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1.

TRIAL DATE

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a.

Jury trial will begin on October 21, 2013 at 8:30 a.m. in Courtroom E, 15th Floor,

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450 Golden Gate Avenue, San Francisco, CA 94102. Any party who wants to order a daily transcript
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must notify the Court Reporter Supervisor at least two weeks before the trial.
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b.

The length of the trial will be not more than 3 days.

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2.

DISCOVERY

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a.

All non-expert discovery shall be completed no later than May 31, 2013, with the

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exception that discovery shall be stayed as to Officer Pena pending the resolution of the motion for
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summary judgment as to qualified immunity. There will be no further non-expert discovery after that
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date except by order of the Court for good cause shown. Motions to compel non-expert discovery must
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be filed within the time limits contained in Civil Local Rule 37-3.
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b.

Prior to the settlement conference each party shall be allowed to propound 10

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requests for documents, 5 interrogatories and 5 requests for admission on each opposing party.

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c.

A deposition of Ms. Steinhart shall occur on October 16, 2012, at 1:00 p.m. at

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City Hall in Santa Rosa and shall be limited to liability and not exceed 2 hours. If the case does not

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settle at the settlement conference, Defendants may complete her deposition.

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d.

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Depositions of police officers prior to Defendants’ motion for summary
judgment

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based on qualified immunity shall be limited to Officer Pena and Officer Crespan and shall be limited

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to liability and not exceed 1 hour per officer. Ms. Steinhart and Mr. Fritch are ordered to participate in

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a telephonic conference to discuss officer availability for the depositions which shall occur during the

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week of October 15, 2012 and/or October 22, 2012.
e.

Initial expert disclosures shall be made no later than July 23, 2013. Rebuttal

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expert disclosures shall be made no later than August 6, 2013. All treating physicians who will provide

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opinion testimony beyond that which can be provided by a lay person must be disclosed as expert

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witnesses, but they need not prepare expert reports unless ordered to do so by the Court.

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f.

All expert discovery shall be completed no later than August 20, 2013. There will

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be no further expert discovery after that date except by order of the Court for good cause shown.

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Motions to compel expert discovery must be filed within the time limits contained in Civil Local Rule

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37-3.

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g.

The parties were ordered to meet and confer no later than October 3, 2012 in

person or by telephone regarding Plaintiff’s initial disclosures.
h.

Ms. Steinhart is ordered to provide each defendant a copy of the video recording

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referenced in the complain by Friday, October 5, 2012, via email. Plaintiff shall keep the original

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videotape safe, unaltered and available for viewing by Defendants at a mutually convenient time.

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i.

Rule 26(e)(1) of the Federal Rules of Civil Procedure requires all parties to

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supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and responses to

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discovery requests under the circumstances itemized in that Rule, and when ordered by the Court. The

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Court expects that the parties will supplement and/or correct their disclosures promptly when required

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under that Rule, without the need for a request from opposing counsel. In addition to the general

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requirements of Rule 26(e)(1), the parties will supplement and/or correct all previously made
disclosures and discovery responses 28 days before the fact discovery cutoff date.
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j.

Pursuant to Civil L.R. 37-1(b), telephone conferences are available to resolve

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disputes during a discovery event, such as a deposition, where the resolution during the event likely

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would result in substantial savings of expense or time.

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k.

Privilege logs. If a party withholds information that is responsive to a discovery

is privileged, or protected from discovery under the attorney work product doctrine or any other

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protective doctrine (including, but not limited to, privacy rights), that party shall prepare a "privilege

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log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and specifying separately for each

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document or for each category of similarly situated documents:

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1.

The name and job title or capacity of the author;

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For the Northern District of California

request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by claiming that it

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United States District Court

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2.

The name and job title or capacity of each recipient;

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3.

The date the document was prepared and, if different, the date(s)

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on which it was sent to or shared with persons other than its

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author(s);

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4.

The title and description of the document;

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5.

The subject matter addressed in the document;

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6.

The purpose(s) for which it was prepared or communicated; and

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7.

The specific basis for the claim that it is privileged.

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The privilege log will be produced as quickly as possible, but no later than 14 days after the

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discovery responses are due (in a rolling production, 14 days after each set of documents is produced),

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unless the parties stipulate or the Court orders otherwise in a particular case.

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l.

In responding to requests for documents and materials under Rule 34 of the

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Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served on all

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other parties the full extent to which they will produce materials and shall, promptly after the

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production, confirm in writing that they have produced all such materials so described that are locatable

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after a diligent search of all locations at which such materials might plausibly exist.

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3.

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The last day to file a motion, or stipulation and proposed order, to join other parties shall be

MOTIONS

November 2, 2012.
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The last day to file a motion, or stipulation and proposed order, to amend the pleadings shall
be November 2, 2012.

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Defendant Pena shall file his motion for summary judgment on the qualified immunity issue no
later than November 13, 2012 to be heard on December 18, 2012.

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The last day for hearing any other dispositive motions shall be July 23, 2013. Dispositive

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motions shall be served and filed no later than thirty-five (35) days prior to the scheduled hearing date.

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Briefing shall be in compliance with Civil Local Rule 7-3.

A settlement conference shall be scheduled before Magistrate Judge Maria-Elena James.

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Counsel will be contacted by that judge's chambers with a date and time for the conference to occur

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For the Northern District of California

4.

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United States District Court

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within 30-60 days, or as soon thereafter as is convenient to the judge's calendar.

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5.

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ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE

PRETRIAL CONFERENCE
a.

A pretrial conference shall be held on October 1, 2013 at 2:00 p.m. in Courtroom

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E, 15th Floor. Each party shall attend personally or by lead counsel who will try the case. The

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timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures

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shall be governed by this order.

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b.

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shall meet and confer regarding:

At least thirty (30) days prior to the date of the pretrial conference, lead counsel

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(1)

Preparation and content of the joint pretrial conference statement;

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(2)

Preparation and exchange of pretrial materials to be served and lodged

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pursuant to paragraph 5(c) below; and

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(3)

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c.

Settlement of the action.

At least twenty (20) days prior to the pretrial conference, counsel and/or parties

shall:
(1)

Serve and file a joint pretrial statement that includes the pretrial

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disclosures required by Federal Rule of Civil Procedure 26(a)(3) as well

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as the following supplemental information:

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(a)

The Action.

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(i)

Substance of the Action. A brief description of the

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substance of claims and defenses which remain to be

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decided.

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(ii)

Relief Prayed. A detailed statement of all the relief

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claimed, particularly itemizing all elements of damages

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claimed as well as witnesses, documents or other

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evidentiary material to be presented concerning the

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amount of those damages.

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(b)

(i)

Undisputed Facts. A plain and concise statement of all

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For the Northern District of California

United States District Court

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The Factual Basis of the Action.

relevant facts not reasonably disputable, as well as which

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facts parties will stipulate for incorporation into the trial

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record without the necessity of supporting testimony or

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exhibits.

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(ii)

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Disputed Factual Issues. A plain and concise statement
of all disputed factual issues which remain to be decided.

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(iii)

Agreed Statement. A statement assessing whether all or

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part of the action may be presented upon an agreed

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statement of facts.

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(iv)

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Stipulations. A statement of stipulations requested or
proposed for pretrial or trial purposes.

(c)

Disputed Legal Issues.

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Without extended legal argument, a concise statement of each

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disputed point of law concerning liability or relief, citing

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supporting statutes and decisions, and any procedural or

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evidentiary issues.

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(d)

Trial Preparation.
(i)

Witnesses to Be Called.

With regard to witnesses

disclosed pursuant to Federal Rule of Civil Procedure
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26(a)(3)(A), a brief statement describing the substance of

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the testimony to be given.

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(ii)

Estimate of Trial Time. An estimate of the number of

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hours needed for the presentation of each party’s case,

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indicating possible reductions in time through proposed

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stipulations, agreed statements of facts, or expedited

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means of presenting testimony and exhibits.

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(iii)

Use of Discovery Responses. Designate excerpts from

than solely for impeachment or rebuttal, from depositions

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discovery that the parties intend to present at trial, other

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United States District Court

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specifying the witness with page and line references, from

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interrogatory answers, or from responses to requests for

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admission.

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(e)

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Trial Alternatives and Options.
(i)

Settlement Discussion. A statement summarizing the

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status of settlement negotiations and indicating whether

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further negotiations are likely to be productive.

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(ii)

Amendments, Dismissals. A statement of requested or

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proposed amendments to pleadings or dismissals of

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parties, claims or defenses.

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(iii)

Bifurcation, Separate Trial of Issues. A statement of

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whether bifurcation or a separate trial of specific issues is

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feasible and desired.

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(f)

Miscellaneous.

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Any other subjects relevant to the trial of the action or material

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to its just, speedy and inexpensive determination.

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(2)

Serve and file trial briefs, motions in limine (including any motion
regarding the qualifications or testimony of any expert witness),
proposed voir dire questions, jury instructions, verdict forms and excerpts
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from discovery that will be offered at trial (include a copy of the

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deposition testimony or admission). The parties shall submit proposed

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jury instructions jointly. If there are any instructions on which the

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parties cannot agree, those instructions may be submitted separately;

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(3)

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Serve and file an exhibit setting forth the qualifications and experience
of each expert witness;

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(4)

Serve and file a list of each party’s exhibits by numbers 1-500 (plaintiff)

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or numbers 750-1250 (defendant), including a brief statement describing

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the substance and purpose of each exhibit and the name of the sponsoring
witness;

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(5)

Exchange exhibits which shall be premarked (plaintiff shall use numbers

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1-500; defendant shall use numbers 750-1250) and tabbed. Exhibits shall

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be three-hole punched and shall be submitted in binders. Each exhibit

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shall be marked on the front page or on the back of the last page with the

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information contained in Exhibit A to this Order; and

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(6)

Deliver two sets of all premarked exhibits to chambers (exhibits are not

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to be filed). The two sets of premarked exhibits shall be for Court use

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only. The parties shall bring a third set of their trial exhibits to trial to

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present to witnesses.

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No party shall be permitted to call any witness or offer any exhibit in its case in chief that is not

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disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the Court, by the

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above deadline, without leave of the Court and for good cause.

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d.

At least ten (10) days prior to the pretrial conference, after meeting and

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conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and file:

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(1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any objections

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to non-expert witnesses; (3) any objection to proposed voir dire questions, jury instructions and verdict

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forms that the parties have been unable in good faith to resolve; (4) any opposition to a motion in limine.

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No replies shall be filed.
e.

All motions in limine and objections shall be heard at the pretrial conference.
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6.

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JURY TRIAL
a.

Counsel shall submit an agreed upon set of voir dire questions to be posed by

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the Court. Any voir dire questions on which counsel cannot agree may be submitted separately.

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Counsel shall be allowed brief follow-up voir dire after the Court's questioning.

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b.

The following jury instructions from the Manual of Model Civil Jury Instructions

Counsel shall submit jointly an agreed upon set of case specific instructions, using the Ninth Circuit

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Manual where appropriate. Do not submit duplicates of those listed above. Any instructions on which

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counsel cannot agree may be submitted separately. Each requested instruction shall be typed in full on

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a separate page with citations to the authority upon which it is based and a reference to the party

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For the Northern District of California

for the Ninth Circuit (2007 Edition) shall be given absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11.

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United States District Court

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submitting it. A second blind copy of each instruction and verdict form shall also be submitted,

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omitting the citation to authority and the reference to the submitting party.

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7.

All documents filed with the Clerk of the Court shall list the civil case number followed

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by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies shall

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be three-hole punched at the left side, suitable for insertion into standard binders. In addition, all

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proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be accompanied by

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a diskette containing a copy of the document formatted in WordPerfect 6.1, 7, 8, 9 or 10 (Windows) or

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8.0 (Windows).

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Dated: October 15, 2012
_______________________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge

EXHIBIT A
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Kristen Seib, Deputy Clerk

By:_______________________________
Kristen Seib, Deputy Clerk

By:_______________________________
Kristen Seib, Deputy Clerk

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Kristen Seib, Deputy Clerk

By:_______________________________
Kristen Seib, Deputy Clerk

By:_______________________________
Kristen Seib, Deputy Clerk

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Kristen Seib, Deputy Clerk

By:_______________________________
Kristen Seib, Deputy Clerk

By:_______________________________
Kristen Seib, Deputy Clerk

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Case Number:

Case Number:

Case Number:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Kristen Seib, Deputy Clerk

By:_______________________________
Kristen Seib, Deputy Clerk

By:_______________________________
Kristen Seib, Deputy Clerk

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