Gardensensor, Inc v. Stanley Black & Decker, Inc

Filing 163

ORDER RE: PRETRIAL RULINGS, DEADLINES, AND TRIAL PROCEDURES. Jury Selection set for 10/27/2014 09:00 AM. Signed by Judge Nathanael Cousins on 10/17/2014. (lmh, COURT STAFF) (Filed on 10/17/2014)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 GARDENSENSOR, INC., a Delaware 13 14 Corporation, formerly known as PLANTSENSE, INC., a Delaware Corporation, ORDER RE: PRETRIAL RULINGS, DEADLINES, AND TRIAL PROCEDURES Plaintiff, 15 16 Case No. 12-cv-03922 NC v. STANLEY BLACK & DECKER, INC., a 17 Delaware Corporation, formerly known as BLACK & DECKER (U.S.), a Maryland 18 Corporation, 19 Defendant. 20 21 The parties attended a pretrial conference on October 15, 2014. This order sets forth 22 the Court’s rulings on issues discussed at the conference and sets pretrial deadlines in 23 addition to those previously set in the Court’s Order Re: Trial Preparation, Dkt. No. 119: 24 1. E-FILING. By 5:00 p.m. on October 17, 2014, the parties must file in ECF any 25 documents submitted to the Court as part of the Joint Trial Readiness Binder or emailed to 26 that have not already been filed. 27 2. TRIAL STIPULATIONS. The Court grants the parties’ Joint Stipulation and 28 Proposed Order Regarding Pretrial and Trial Protocol, Dkt. No. 121-1. Case No. 12-cv-03922 NC ORDER RE: PRETRIAL DEADLINES AND TRIAL PROCEDURES 1 3. JURY SELECTION. 2 (A) Jury selection will begin on Monday, October 27, 2014 at 9:00 a.m. 3 (B) There will be 8 jurors selected; no alternates. 4 (C) If the parties intend to use a jury questionnaire or intend to ask the Court to 5 conduct any part of the voir dire, the proposed questionnaire and questions must be jointly 6 filed by 5:00 p.m. on October 17, 2014. 7 (D) Each side will be entitled to three peremptory challenges. 8 4. SUMMARY OF CASE STATEMENT. By 5:00 p.m. on October 17, 2014, the 9 parties must jointly file an agreed-upon summary of the case, not to exceed one page. 10 5. VERDICT FORM. By 5:00 p.m. on October 17, 2014, the parties must meet and 11 confer and jointly file a proposed verdict form. 12 6. MOTIONS IN LIMINE. 13 (A) The Court adopts its Tentative Ruling on Motions in Limine, Dkt. No. 155, 14 denying the parties’ Daubert motions, Dkt. Nos. 125 and 134. The Court offered 15 Gardensensor the opportunity to conduct a Daubert hearing on Gardensensor’s motion to 16 exclude Black & Decker’s expert witness Larry Londre, Dkt. No. 134, which Gardensensor 17 declined. The Court finds that the challenged expert witnesses are qualified to give 18 testimony under Federal Rule of Evidence 702 and that their testimony is both relevant and 19 reliable and thus meets the threshold established by Rule 702. The Court further finds that 20 the testimony does not warrant exclusion under Federal Rule of Evidence 403. 21 (B) The Court further adopts its Tentative Ruling on Motions in Limine, Dkt. No. 22 155, as its order on the parties’ remaining motions in limine. 23 7. TRIAL WITNESSES. 24 (A) By 5:00 p.m. on October 17, 2014, the parties must file a revised list of all 25 witnesses likely to be called at trial (other than solely for impeachment or rebuttal) 26 considering the time limits on evidence presentation set by the Court. 27 The witness list must include a brief statement following each name describing the 28 substance of the testimony to be given and a time estimate of the direct and cross Case No. 12-cv-03922 NC ORDER RE: PRETRIAL DEADLINES AND TRIAL PROCEDURES 2 1 examinations. This information must be presented in chart format and organized by party. 2 (B) No party will be permitted without leave of Court to call in their case-in-chief 3 any witness who is not disclosed in the joint pretrial conference statement. 4 8. TRIAL EXHIBITS. 5 (A) By 5:00 p.m. on October 17, 2014, the parties must meet and confer about the 6 admissibility of each exhibit and file jointly a revised, combined exhibit list. The list may 7 contain no more than 50 exhibits per side. The list should not contain duplicate exhibits. 8 The exhibit list must contain a brief description of each exhibit’s contents, and the 9 identity of each sponsoring witness. The list must specify whether the parties stipulate to 10 admit the exhibit or the grounds for any objections to the exhibit. If the list states 11 “objection” but no grounds are provided, the Court will deem that as a waiver of the 12 objection. If no objections have been noted on the list with respect to a given exhibit, the 13 Court will treat that as an indication that the parties stipulate to the admissibility of the 14 exhibit. The exhibit list must also include an additional column so that the Court can track 15 the date on which each exhibit is admitted. This information must be presented in chart 16 format and organized numerically. 17 (B) Exhibits must be provided to the Court by October 23, 2014, as follows: two sets 18 of exhibits marked, tabbed, indexed, and to be provided in binders. Exhibits sets may be 19 delivered/mailed directly to Chambers. The parties must otherwise coordinate with the 20 Courtroom Deputy for other delivery. 21 Each exhibit must be pre-marked with an exhibit tag placed in the top right corner of 22 the first page of a document. Parties are to use a color other than white for the exhibit tags. 23 A page of blank trial exhibit tags can be found on the Court’s website. If an exhibit is a 24 physical object (rather than a document), a picture should be taken and placed in the 25 binder. 26 9. TRIAL SCHEDULE. 27 (A) Trial days will be 9:00 a.m. to 4:00 p.m. with two 15-minute breaks at 28 approximately 10:30 a.m. and 2:30 p.m., and a 45-minute lunch break at 12:00 p.m. Case No. 12-cv-03922 NC ORDER RE: PRETRIAL DEADLINES AND TRIAL PROCEDURES 3 1 (B Opening statements and presen B) g s ntation of th evidence will begin on Octobe 28, he e n er T b roceedings on October 29. The tr will res r rial sume on Oc ctober 2 2014. There will be no trial pr e c by er 4. 3 30, and the Court expects that it will be completed b Novembe 10, 2014 4 (C Each sid (plaintiffs and defen C) de fs ndant) will b allotted a total of eighteen hou for be urs se, ion ence and cr ross-examin nation, but e excluding 5 their cas including presentati of evide g g ts, a 6 opening and closing statement or legal argument. 7 Th Court tak Black & Decker’s request for additional time under considerat he kes r r tion g n vised witnes and exhib lists orde ss bit ered by the Court. Bla & ack 8 pending submission of the rev m itness list an a separa exhibit li for those witnesses and nd ate ist e 9 Decker must file a separate wi i resentation time is nec cessary. Th he 10 exhibits for which it contends additional evidence pr 0 e nd ists clude suffic cient inform mation to all the Cou to low urt 11 separate witness an exhibit li must inc 1 ne a e e. 12 determin whether or not the additional evidence is cumulative 2 13 3 Ea side wil be allotted 45 minutes for their opening sta ach ll atement. T clerk wi The ill n o d ide. 14 maintain a record of time used by each si 4 15 5 (D No conti D) inuance of trial will be granted ex t e xcept by Co order in response t a ourt n to s b use. osts e against a par or couns for rty sel 16 motion supported by good cau Jury co may be assessed a 6 o w r p mely of nt. 17 failure to proceed with trial or failure to provide tim notice o settlemen 7 18 8 (E By Octob 17, 2014, the parties must ma any necessary arran E) ber ake ngements ng eporter. 19 regardin a court re 9 20 0 IT IS SO OR T RDERED. 21 1 Date: Octobe 17, 2014 er ____ __________ __________ _____ Nath hanael M. C Cousins Unit States M ted Magistrate J Judge 22 2 23 3 24 4 25 5 26 6 27 7 28 8 Case No. 12-cv-0392 NC 22 ORDER RE: PRETR R RIAL DEAD DLINES AND TR RIAL PROC CEDURES 4

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