Vivers v. Federal Aviation Administration et al

Filing 52

JURY TRIAL PREPARATION ORDER. Signed by Judge Samuel Conti on 08/07/2015. (tmiS, COURT STAFF) (Filed on 8/7/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CATHERINE VIVERS,

Case No. 13-cv-03444-SC

Plaintiff,
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v.

JURY TRIAL PREPARATION ORDER

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UNITED STATES OF AMERICA,
Defendant.

United States District Court
Northern District of California

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IT IS HEREBY ORDERED THAT:

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A. Required Submissions
No later than fourteen (14) calendar days before trial, each party shall e-file with this

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court, serve upon all other parties, and provide to the court two courtesy copies directly to

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chambers of the following materials. Unless otherwise noted, these materials shall be printed

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in thirteen point times new roman font.
(1) A JOINT agreed upon, brief statement of the case to be read to the jury prior to

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trial.

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(2) Proposed Voir Dire questions.

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(3) A trial brief.

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(4) A list of exhibits conforming substantially to the form attached as Appendix A.

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Upon request of a party, any party shall make the original of any exhibit available for

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inspection and/or copying.

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(5) A list of witnesses, including expert witnesses, in the expected order of their
presentation. The witness list shall also include:
(a)

a brief statement as to the content of the witness' testimony;

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(b)

an estimate of the time of the witness' testimony, on both direct and
cross examination;

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(c)

any expert testimony shall strictly comply with FRCP Rule 26(a).

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(d)

any Daubert objections to the testimony of any expert or witness should

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be raised with the Court by motion ten (10) days before trial, or

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objection is WAIVED.

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No witnesses other than those on said list shall be allowed to testify, except upon express

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order of this court.

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(6) A statement designating all excerpts from depositions (specifying the witness'
name, with page and line references), answers to interrogatories, and responses to requests

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United States District Court
Northern District of California

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for admission to be offered at trial for any purpose other than impeachment or rebuttal.

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(7) JOINT jury instructions (see section C. infra).

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(8) A proposed form of verdict.

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(9) Motions in Limine will be heard at the pretrial conference. Motions in limine are

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to be filed and served no later than ten (10) days prior to the pretrial conference, oppositions

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are to be filed and served no later than five (5) days prior to the pretrial conference.

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B. Exhibit Binders
Exhibits that can be reduced to 8.5" by 11" form (i.e. written documents,

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photographs, etc.) should be placed in three-ring binders of no more than three inches each.

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Exhibits shall be tabbed on the side and must be pre-marked in accordance with the attached

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forms. A copy of the exhibit list should be placed in the front of the binder. Binders should

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be clearly labeled on the outside as to which party's exhibits and what exhibit numbers they

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contain. The parties should prepare three (3) sets of binders: one for the Judge, one for the

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witness to refer to, and one for the clerk to act as the original. The exhibit marker should be

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affixed to the first page of each exhibit in the lower right hand corner. These binders shall

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be lodged with the Court no later than five (5) days before the scheduled trial date.

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C. Proposed Jury Instructions
No later than fourteen (14) calendar days before the trial date, the parties shall e-file

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and provide the Court with two courtesy copies of the JOINT proposed jury instructions.

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The parties are ordered to meet, confer, and prepare said complete set of jury instructions.

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This complete set of all proposed instructions upon which the parties agree must include all

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standard instructions regarding the role of jurors, organization of the jury, communication

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with the court, etc. Failure to submit an agreed upon instruction on a matter of law as to

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which there is no substantial ground for difference of opinion may be considered a sufficient

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ground for the imposition of sanctions on counsel.

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United States District Court
Northern District of California

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In addition, the parties shall e-mail a complete set of instructions in Word format to
Judge Conti’s proposed order mail box, [e-mail].
Each individual proposed instruction shall be concise and free from argument, and

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typewritten on separate pages. Each proposed instruction should include the heading

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centered at the top of the first page of the instruction.

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JURY INSTRUCTION NO. ____

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The set shall include two (2) separate copies of the proposed instructions. Each

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instruction in the first copy should include a title briefly stating the general subject matter of

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the instruction and should be free from citation to supporting authority or other extraneous

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references. Each instruction in the second copy should include citations to supporting

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authority whenever available, but should be identical to instruction in the first copy in all

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other respects. With each set of instructions, the parties shall include an index to the

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proposed instructions.

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IT IS SO ORDERED.
Dated: August 7, 2015
______________________________________
SAMUEL CONTI
United States District Judge

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INSTRUCTIONS FOR EXHIBIT MARKERS, EXHIBIT LIST, AND TRANSCRIPTS

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EXHIBIT MARKERS

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Counsel should fill in the appropriate markers leaving the "Date Entered" and

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"Deputy Clerk" lines blank.
Plaintiff's exhibits should be denoted as: 1, 2, 3, etc. Defendant's exhibits should be

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denoted as: A, B, C, etc.

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EXHIBIT LIST

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Counsel are to supply all the requested information with the exception of the two

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United States District Court
Northern District of California

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"Date Boxes."

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COLOR OF EXHIBIT BINDERS

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Plaintiff's exhibit binders must be black and Defendant's exhibit binders must be

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white.

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TRANSCRIPTS

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Should a daily transcript and/or realtime reporting be desired, arrangements must be

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made with the Courtroom Deputy at least fourteen (14) days before the scheduled trial date.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO.______________________

DATE: ___________________

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___________________________ v. __________________________

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EXHIBIT LIST
( ) Plaintiff

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( ) Defendant

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EXHIBIT
NUMBER

MARKED

ADMITTED

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United States District Court
Northern District of California

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DESCRIPTION OF EXHIBIT

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Case No. _________________________

Case No. _________________________

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PLTF Exhibit No. _______1__________

DEFT Exhibit No. _______A ________

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Date Admitted _____________________

Date Admitted _____________________

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Signature _________________________

Signature _________________________

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Case No. _________________________

Case No. _________________________

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PLTF Exhibit No. _______2__________

DEFT Exhibit No. _______B_________

Date Admitted _____________________

Date Admitted _____________________

Signature _________________________

Signature _________________________

Case No. _________________________

Case No. _________________________

PLTF Exhibit No. ________3_________

DEFT Exhibit No. _______C_________

Date Admitted _____________________

Date Admitted _____________________

Signature _________________________

Signature _________________________

Case No. _________________________

Case No. _________________________

PLTF Exhibit No. ________4________

DEFT Exhibit No. _______D_________

Date Admitted _____________________

Date Admitted _____________________

Signature _________________________

Signature _________________________

Case No. _________________________

Case No. _________________________

PLTF Exhibit No. ________5_________

DEFT Exhibit No. _______E_________

Date Admitted _____________________

Date Admitted _____________________

Signature _________________________

Signature _________________________

Case No. _________________________

Case No. _________________________

PLTF Exhibit No. ________6_________

DEFT Exhibit No. _______F_________

Date Admitted _____________________

Date Admitted _____________________

Signature _________________________

Signature _________________________

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United States District Court
Northern District of California

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