Finley v. Dynamic Recovery Solutions LLC et al

Filing 91

ORDER FOR PRETRIAL PREPARATION. Discovery due by 2/22/2016. Motion Hearing set for 4/18/2016 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Pretrial Conference set for 5/23/2016 03:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Jury Selection and Jury Trial set for 6/7/2016 09:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson for an estimated 3 days. Signed by Judge Thelton E. Henderson on 09/15/2015. (tmiS, COURT STAFF) (Filed on 9/15/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NANCY H. FINLEY,

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Plaintiff,
v.

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DYNAMIC RECOVERY SOLUTIONS
LLC, et al.,

Case No. 14-cv-04028-TEH
ORDER FOR PRETRIAL
PREPARATION

Defendants.
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Good cause appearing, IT IS HEREBY ORDERED that:

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United States District Court
Northern District of California

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1.

TRIAL DATE
Trial before the Jury will begin in Courtroom No. 2 on Tuesday, June 7, 2016, at

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9:00 AM. If the Court advises counsel that they must be prepared to go to trial on a trailing

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basis, then the trial will begin as soon after the scheduled date as possible. The trial shall

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last for an estimated 3 trial days. The trial of liability and damages issues SHALL/SHALL

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NOT be separate.

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2.

The Court will hold a pretrial conference on Monday, May 23, 2016, at 3:00 PM.

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PRETRIAL CONFERENCE

Counsel who intend to try the case must attend the pretrial conference.

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3.

DISCOVERY.

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(a) Discovery Cutoff. All discovery, except for depositions of expert witnesses,

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shall be completed on or before February 22, 2016. All depositions of expert witnesses

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shall be completed no later than 7 calendar days before the pretrial conference.

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(b) Disclosures Regarding Expert Witnesses. Plaintiffs shall comply with Federal
Rule of Civil Procedure 26(a)(2)(A) (i.e., disclose the identity of any person who may be

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used at trial to present expert testimony) no later than 45 calendar days before the pretrial

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conference. Defendants shall disclose the identity of their expert witnesses no later than 30

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calendar days before the pretrial conference. The parties shall comply with the written

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report requirements of Federal Rule of Civil Procedure 26(a)(2)(B) within 14 calendar days

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of disclosing the identity of their experts. Failure to comply with these deadlines will

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prevent a witness from testifying as an expert.

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(c) Discovery Disputes. Unless otherwise ordered by the Court, all discovery

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matters are hereby referred for assignment to a magistrate judge. Please call the Courtroom
Deputy at [phone] to obtain a random assignment to a specific Magistrate Judge

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United States District Court
Northern District of California

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before filing any papers relating to discovery.

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4.

PRETRIAL MOTIONS (EXCEPT MOTIONS IN LIMINE).

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The parties should file pretrial motions to resolve any purely legal substantive

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issues. Such issues may not be resolved by motions in limine (see page 6, paragraph 6(a)).

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Any party that attempts to resolve a purely legal substantive issue by a motion in

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limine, or by any motion filed after the deadline below, may expect the imposition of

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substantial sanctions for failure to comply with this order.
All pretrial motions, except motions in limine, shall be heard no later than 45

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calendar days before the scheduled trial date. Accordingly, all such motions must be

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noticed for hearing no later than. Monday, April 18, 2016. They must be filed at least 35

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days in advance of the hearing date, or no later than Monday, March 14, 2016. Civ.

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L.R. 7-2(a).

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5.

PRETRIAL CONFERENCE STATEMENT.
(a)

Required Meeting and Disclosure Prior to Pretrial Conference. Lead

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counsel who will try the case shall meet and confer on or before April 22, 2016 (at least 30

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calendar days before the pretrial conference). At that time, they shall discuss:
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(1) Prospects for settling the action;

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(2) The preparation and content of the joint pretrial conference statement;

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(3) The preparation and exchange of pretrial materials to be served and

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lodged with the Court; and
(4) Resolution of any differences between the parties regarding items (2)

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and (3) above. To the extent such differences are not resolved, the parties must present the

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issues in the joint pretrial conference statement so that the Judge may rule on the disputes

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at the pretrial conference.
Within one week after meeting and conferring, the parties shall file a joint

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statement, signed by all counsel, stating that they have met and conferred on the above

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issues.

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(b)

Joint Pretrial Conference Statement. The parties shall file a joint pretrial

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conference statement no later than 10 calendar days before the pretrial conference. If the

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parties disagree over the wording of the statement, each party may state its position in its

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own words. All parties or their counsel must sign the statement. The statement shall

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contain the following information:
(1)

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(A) Substance of the Action. A brief description of the substance of

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The Action.

claims and defenses that remain to be decided.
(B) Relief Prayed. A detailed statement of the relief claimed,

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including an itemization of all claimed damages, along with a list of witnesses, documents,

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or other evidentiary material to be presented on the amount of damages.
(2)

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The Factual Basis of the Action.

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(A) Undisputed Facts. A plain and concise statement of all relevant

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facts not reasonably disputable. This should include a statement of facts which the parties

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stipulate may be incorporated into the trial record without supporting testimony or

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exhibits.
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(B) Disputed Factual Issues. A plain and concise statement of all

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disputed factual issues that remain to be decided.
(C) Agreed Statement. A statement assessing whether all or part of

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the action may be presented upon an agreed statement of facts.
(D) Stipulations. A statement of stipulations requested or proposed

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for pretrial or trial purposes.

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(3)

Trial Preparation.
(A) Estimate of Trial Time. An estimate of the number of court

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days needed for the presentation of each party’s case, indicating possible reductions in

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United States District Court
Northern District of California

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time through proposed stipulations, agreed statements of facts, or expedited means of

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presenting testimony and exhibits.

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(B) Witnesses to be Called. A list of all witnesses likely to be called

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at trial, other than solely for impeachment or rebuttal, together with a brief statement

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following each name describing the substance of the testimony to be given. Parties must

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indicate any objections to the use of the listed witnesses and shall certify that counsel have

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met and conferred regarding such objections. No party shall be permitted to call any

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witness in their case in chief that is not disclosed in the pretrial conference statement

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unless the Court grants leave for good cause shown.

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(C) Use of Discovery Responses. A list of evidence that may be

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presented at trial, other than solely for impeachment or rebuttal, through use of excerpts

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from depositions, interrogatory answers, or responses to requests for admission. Parties

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must indicate any objections to use of these materials and shall certify that counsel have

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met and conferred regarding such objections.

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(D) Exhibits, Schedules, and Summaries. A list of all documents

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and other items to be offered as exhibits at the trial, other than solely for impeachment or

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rebuttal, with a brief statement following each item describing its substance or purpose and

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the identity of its sponsoring witness. The statement shall include a list of all exhibits that
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the parties agree may be admitted into evidence. Parties must indicate any objections to

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the receipt in evidence of the listed exhibits and shall certify that counsel have met and

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conferred regarding such objections. No party shall be permitted to introduce any exhibit

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in their case in chief that is not disclosed in the pretrial conference statement unless the

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Court grants leave for good cause shown.
(E) Further Discovery or Motions. A statement of all outstanding

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discovery or motions, including motions in limine.

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(4)

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Trial Alternatives and Options.
(A) Settlement Discussion. A statement summarizing the status of

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Northern District of California

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settlement negotiations and indicating whether further negotiations are likely to be

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productive.
(B) Consent to Trial Before a Magistrate Judge. A statement

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explaining whether reference of all or part of the action to a special master or magistrate

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judge is feasible, including whether the parties consent to a court or jury trial before a

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magistrate judge with appeal directly to the Ninth Circuit.
(C) Amendments or Dismissals. A statement of requested or

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proposed amendments to pleadings or dismissals of parties, claims, or defenses.
(D) Bifurcation of Issues. A statement of whether bifurcation (i.e.,

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separate trials) of specific issues is feasible and desired.

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(5)

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Miscellaneous. Any other subjects relevant to the just, speedy, and

inexpensive resolution of this action.
(c) Pretrial Order. The Court may, as appropriate, make pretrial orders at or

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following the pretrial conference. Such orders shall control the subsequent course of the

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action as provided in Federal Rule of Civil Procedure 16.

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6.

TRIAL PREPARATION DEADLINES.
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(a) Motions in Limine. The only appropriate purpose for a motion in limine is to

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obtain, in advance of trial, an evidentiary ruling on the admissibility of a specific piece of

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evidence. Unless otherwise allowed by the Court, all motions in limine shall be filed no

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later than 21 calendar days before the scheduled trial date, and written opposition to such

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motions shall be filed no later than 14 calendar days before the trial date. All motions in

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limine must be accompanied by a declaration stating that counsel have met and

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conferred in good faith regarding the motions prior to their filing, and that the

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parties are unable to resolve informally any remaining disputes.

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(b) Exhibits. Two sets of all exhibits to be offered at trial, together with a list of

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Northern District of California

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exhibits, shall be lodged with the Court no later than 7 calendar days before the scheduled

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trial date. Exhibits must be placed in three-ring binders of no more than three inches each

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and must be pre-marked in accordance with the attached forms.

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(c) Objections to Evidence. Counsel shall meet and confer with respect to any

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evidentiary objections in advance of the pretrial conference. They shall advise the Court at

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the pretrial conference if any objections contained in their joint pretrial conference

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statement have been subsequently resolved.

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(d) Jury Instructions. If a jury trial has been demanded, the parties shall meet and

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confer to discuss proposed jury instructions. The Court uses its own set of standard

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

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Court, etc., and the parties need not discuss such instructions during their meeting and

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conferring. No later than 10 calendar days before the pretrial conference, the parties shall

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file (a) proposed jury instructions upon which all parties have agreed and (b) jury

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instructions upon which any other party does not agree. The proposed jury instructions

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must be accompanied by a declaration stating that the parties have met and conferred in

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good faith in an attempt to agree upon as many jury instructions as possible. The
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chambers copies of all proposed jury instructions shall be accompanied by an electronic

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copy of the instructions in Word or Word Perfect format.
For each disputed instruction, the offering party shall indicate the corresponding

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instruction(s), if any, being proposed by other parties. The parties shall file written

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objections to all disputed instructions no later than 7 calendar days before the scheduled

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trial date.
All proposed jury instructions shall be concise and free from argument; cover only

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one subject to be indicated in the caption; show the identity of the offering party; be

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typewritten out in full on a separate page or pages; be consecutively numbered; and set
forth specific citations to supporting authority. Case citations must include pinpoint

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Northern District of California

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citations to the exact page or pages that support the proposed instruction.

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(e) Voir Dire. If a jury trial has been demanded, the parties may, at their option,

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submit proposed questions for voir dire. Any such questions must be filed no later than 10

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calendar days before the pretrial conference.

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(f) Special Verdict Forms. If a jury trial has been demanded, the parties shall

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meet and confer to discuss any desired special verdict forms. The parties shall follow the

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procedure outlined in paragraph 6(d) in filing their proposed verdict forms.

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7.

TRANSCRIPTS. Arrangements must be made with the Courtroom Deputy at least

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14 calendar days before the scheduled trial date if the parties desire daily transcripts and/or

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realtime reporting.

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8.

SETTLEMENT CONFERENCE. The parties SHALL/SHALL NOT arrange for

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a mandatory settlement conference before Magistrate Judge Nandor J. Vadas of this

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Court. This conference shall be scheduled to take place no later than 5 calendar days

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before the pretrial conference.
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9.

FURTHER CASE MANAGEMENT CONFERENCE. A further case

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management conference will be held on N/A, at 1:30 PM.

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10.

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may be changed except by written order of this Court. The Court may enter such an order

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upon its own motion or upon motion of one or more of the parties. The parties must make

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any such motion in accordance with the Civil Local Rules and with a demonstration of

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very good cause. The mere fact that the parties have stipulated to a change does not

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PROCEDURE FOR AMENDING THIS ORDER. No provision of this order

constitute good cause, nor does a conflict with a court date set after the date of this order.

United States District Court
Northern District of California

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IT IS SO ORDERED.

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Dated: 9/15/2015
_____________________________________
THELTON E. HENDERSON
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CASE NO. CR -

TEH

DATE:

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___________________________ v. __________________________
EXHIBIT LIST

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( ) Plaintiff

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( ) Defendant

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EXHIBIT
NUMBER

MARKED

ADMITTED

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Northern District of California

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DESCRIPTION OF EXHIBIT

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_________

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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. ________3________

DEFT Exhibit No. _______C_________

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Northern District of California

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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. ________4________

DEFT Exhibit No. _______D_________

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Date Admitted _____________________

Date Admitted _____________________

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Signature _________________________

Signature _________________________

Case No. _________________________

Case No. _________________________

PLTF Exhibit No. ________5________

DEFT Exhibit No. _______E_________

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Date Admitted _____________________

Date Admitted _____________________

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Signature _________________________

Signature _________________________

Case No. _________________________

Case No. _________________________

PLTF Exhibit No. ________6________

DEFT Exhibit No. _______F_________

Date Admitted _____________________

Date Admitted _____________________

Signature _________________________

Signature _________________________

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