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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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12 GARDENSENSOR, INC., a Delaware
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Corporation, formerly known as
PLANTSENSE, INC., a Delaware
Corporation,

ORDER RE: PRETRIAL RULINGS,
DEADLINES, AND TRIAL
PROCEDURES

Plaintiff,

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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,
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Defendant.

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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:
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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 [e-mail] that have not already been filed.
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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

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3. JURY SELECTION.

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(A) Jury selection will begin on Monday, October 27, 2014 at 9:00 a.m.

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(B) There will be 8 jurors selected; no alternates.

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(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.
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(D) Each side will be entitled to three peremptory challenges.

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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.
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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.
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6. MOTIONS IN LIMINE.

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(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.
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(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.
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7. TRIAL WITNESSES.

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(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.
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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

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1 examinations. This information must be presented in chart format and organized by party.
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(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.
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8. TRIAL EXHIBITS.

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(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.
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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.
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(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.
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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.
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9. TRIAL SCHEDULE.

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(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

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(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
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3 30, and the Court expects that it will be completed b Novembe 10, 2014

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(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.

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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
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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
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(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
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o
w
r
p
mely
of
nt.
17 failure to proceed with trial or failure to provide tim notice o settlemen
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(E By Octob 17, 2014, the parties must ma any necessary arran
E)
ber
ake
ngements

ng
eporter.
19 regardin a court re
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IT IS SO OR
T
RDERED.

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Date: Octobe 17, 2014
er

____
__________
__________
_____
Nath
hanael M. C
Cousins
Unit States M
ted
Magistrate J
Judge

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Case No. 12-cv-0392 NC
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ORDER RE: PRETR
R
RIAL DEAD
DLINES
AND TR
RIAL PROC
CEDURES

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