Westminster House, LLC v. Jao et al

Filing 95

FINAL PRETRIAL ORDER. Signed by Judge Alsup on 11/5/2013. (whalc2, COURT STAFF) (Filed on 11/5/2013)

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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 11 For the Northern District of California United States District Court 10 WESTMINSTER HOUSE, LLC, a Delaware limited liability company, Plaintiff, 12 13 14 No. C 12-02026 WHA FINAL PRETRIAL ORDER v. HAI NGOC DINH, an individual, Defendant. 15 / 16 17 18 FOR GOOD CAUSE and after a final pretrial conference, the following constitutes the final pretrial order: 19 1. As discussed at the final pretrial conference, the November 18, 2013 trial date is 20 hereby VACATED. 21 2. This case shall go to a JURY TRIAL on DECEMBER 13, 2013, at 7:30 AM, and 22 shall continue until completed on the schedule discussed at the conference. The issues to be 23 tried shall be those set forth in the joint proposed pretrial order and as discussed at the final 24 pretrial conference. This final pretrial order supersedes all the complaint, answer and any 25 counterclaims, cross-claims or third-party complaints, i.e., only the issues expressly identified 26 for trial remain in the case. 27 28 3. Except for good cause, each party is limited to the witnesses and exhibits disclosed in the joint proposed final pretrial order. 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 8 HOURS to examine witnesses (counting direct examination, cross-examination, re-direct examination, re-cross examination, etc.). 6 Opening statements and closing arguments shall not count against the limit. If, despite being 7 efficient, non-duplicative, and non-argumentative in the use of the allotted time, one side runs 8 out of time and it would be a miscarriage of justice to hold that side to the limit, then more time 9 will be allotted. 10 7. The parties shall follow the Court's current Guidelines for Trial and 11 For the Northern District of California United States District Court 5 Final Pretrial Conference, separately provided and available on the Internet at 12 http://www.cand.uscourts.gov, which guidelines are incorporated as part of this order. 13 14 IT IS SO ORDERED. 15 16 Dated: November 5, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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