Bayer v. Neiman Marcus Group, Inc.

Filing 110

FINAL PRETRIAL ORDER. Signed by Judge Thomas S. Hixson on 4/10/2019. (tshlc2S, COURT STAFF) (Filed on 4/10/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TAYLER BAYER,
Plaintiff,

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FINAL PRETRIAL ORDER

v.
NEIMAN MARCUS GROUP, INC.,
Defendant.

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United States District Court
Northern District of California

Case No. 13-cv-04487-TSH

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On April 10, 2019, the Court held a Final Pretrial Conference in this matter. This Order
summarizes the Court’s rulings and information about how the trial will be conducted.

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1. The trial will proceed in Courtroom A as follows: The parties will appear at 8:30 a.m. on

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Monday, April 29, 2019. The trial will start at 9:00 a.m. The following day trial will

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resume at 9:00 a.m. Each day there will be a 15-minute break at 11:00 a.m., a 45-minute

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lunch break at 12:30 p.m., and a 15-minute afternoon break at 2:30 p.m. Trial will

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conclude at 4:30 p.m. each day. The trial will last no more than two days.

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2. Each side has 6 hours and 15 minutes to present its case. The hours include opening and

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closing statements, as well as any rebuttal. Opening statements must be limited to 30

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minutes per side, and closing arguments must be limited to 45 minutes per side, including

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rebuttal.

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3. With respect to objections to evidence and other legal points the Court must decide, any

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such argument should occur before 9:00 a.m. or after 4:30 p.m. unless it is unavoidable.

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Objections during the trial should consist of a citation to the Federal Rule(s) of Evidence at

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issue and the applicable generic description (e.g. “relevance”).

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4. The parties must rise when making an objection.

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5. The parties must seek leave to approach witnesses.

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6. Forty-eight hours in advance, counsel must disclose to the opposing party the witnesses to

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be called and the exhibit numbers of the documents that counsel plans to use on direct

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(other than for impeachment). Within 24 hours of such disclosure, counsel shall exchange

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exhibit numbers to be used in cross of the witnesses (other than for impeachment). The

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parties will not be allowed to call witnesses or use documents other than those that have

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been previously disclosed in the Pretrial Conference Statement and in the daily witness

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lists.

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7. The parties shall have their exhibits marked and copies in binders. The exhibits, along
with exhibit and witness lists, must be delivered to the Clerk’s Office by noon on Friday,

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United States District Court
Northern District of California

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April 26, 2019.

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IT IS SO ORDERED.

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Dated: April 10, 2019

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THOMAS S. HIXSON
United States Magistrate Judge

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