Leonard v. Contra Costa County et al

Filing 41

CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL. Signed by Magistrate Judge Elizabeth D. Laporte on 9/16/2015. (rmm2S, COURT STAFF) (Filed on 9/18/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MELVIN LEONARD,

Case No. 15-cv-00401-EDL

Plaintiff,
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v.

CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL

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SHAWN PATE,
Defendant.

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Following the Case Management Conference held on September 15,2015, IT IS HEREBY
ORDERED THAT:

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1. TRIAL DATE

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a.

Jury trial will begin on December 5, 2016 at 8:30a.m. in Courtroom E, 15th

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Floor, 450 Golden Gate A venue, San Francisco, CA 94102. Should a daily transcript and/or

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realtime reporting be desired, the parties shall make arrangements with Debra Campbell, Court

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Reporter Supervisor, at [phone] or [e-mail], at least 14 days

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prior to the trial date.

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b.

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2. DISCOVERY

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a.

The length of the trial will be not more than 4 days.

All non-expert discovery shall be completed no later than March 29, 2016.

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There will be no further non-expert discovery after that date except by order of the Court for good

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cause shown. Motions to compel non-expert discovery must be filed within the time limits

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contained in Civil Local Rule 26-2.

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b.

Initial expert disclosures shall be made no later than April29, 2016.

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Rebuttal expert disclosures shall be made no later than May 6, 2016. All treating physicians who

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will provide opinion testimony beyond that which can be provided by a lay person must be

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disclosed as expert witnesses, but they need not prepare expert reports unless ordered to do so by
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the Court.
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c.

All expert discovery shall be completed no later than June 23, 2016. There

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will be no further expert discovery after that date except by order of the Court for good cause
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shown. Motions to compel expert discovery must be filed within the time limits contained in Civil 6
Local Rule 26-2.
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d.

Rule 26(e)(1) ofthe Federal Rules of Civil Procedure requires all parties to

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supplement or correct their initial disclosures, expert disclosures, pretrial disclosures, and
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responses to discovery requests under the circumstances itemized in that Rule, and when ordered
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by the Court. The Court expects that the parties will supplement and/or correct their disclosures
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promptly when required under that Rule, without the need for a request from opposing counsel.
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In addition to the general requirements of Rule 26(e)(l), the parties will supplement and/or

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correct all previously made disclosures and discovery responses 28 days before the fact

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discovery cutoff date .

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e.

Pursuant to Civil L.R. 37-1 (b), telephone conferences are available to

resolve disputes during a discovery event, such as a deposition, where the resolution during the
event likely would result in substantial savings of expense or time.

f.

Privilege logs. If a party withholds information that is responsive to a

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discovery request, and is otherwise discoverable under the Federal Rules of Civil Procedure, by
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claiming that it is privileged, or protected from discovery under the attorney work product doctrine
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or any other protective doctrine (including, but not limited to, privacy rights), that party shall
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prepare a "privilege log" (Fed. R. Civ. P. 26(b)(5)) setting forth the privilege relied upon and
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specifying separately for each document or for each category of similarly situated documents:
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1. The name and job title or capacity ofthe author;
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2. The name and job title or capacity of each recipient;
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3. The date the document was prepared and, if different, the date( s)
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on which it was sent to or shared with persons other than its
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author(s);
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4. The title and description ofthe document;
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5. The subject matter addressed in the document;
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6. The purpose(s) for which it was prepared or communicated; and
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7. The specific basis for the claim that it is privileged.
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The privilege log will be produced as quickly as possible, but no later than 14 days after
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the discovery responses are due (in a rolling production, 14 days after each set of documents is
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produced), unless the parties stipulate or the Court orders otherwise in a particular case.
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g.

In responding to requests for documents and materials under Rule 34 of the

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Federal Rules of Civil Procedure, all parties shall affirmatively state in a written response served
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locatable after a diligent search of all locations at which such materials might plausibly exist.

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3. MOTIONS

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the production, confirm in writing that they have produced all such materials so described that are
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on all other parties the full extent to which they will produce materials and shall, promptly after
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The last day to file a motion, or stipulation and proposed order, to join other parties shall

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be October 15, 2015.
The last day to file a motion, or stipulation and proposed order, to amend the pleadings
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shall be October 15, 2015.
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The last day for hearing dispositive motions shall be August 30, 2016. Dispositive
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motions shall be served and filed no later than thirty-five (35) days prior to the scheduled hearing
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date. Briefing shall be in compliance with Civil Local Rule 7-3.
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4. PRETRIAL CONFERENCE
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a.

A pretrial conference shall be held on November 8, 2016 at 2:00p.m. in

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Courtroom E, 15th Floor. Each party shall attend personally or by lead counsel who will try
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the case. The timing of disclosures required by Federal Rule of Civil Procedure 26(a)(3) and

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other pretrial disclosures shall be governed by this order.
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b.

At least thirty (30) days prior to the date of the pretrial conference, lead

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counsel shall meet and confer regarding:
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( 1) Preparation and content of the joint pretrial conference statement;
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(2) Preparation and exchange of pretrial materials to be served and lodged
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pursuant to paragraph 5( c) below; and
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(3) Settlement of the action.
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c.

At least twenty (20) days prior to the pretrial conference, counsel and/or

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parties shall:
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(1)

Serve and file a joint pretrial statement that includes the pretrial

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disclosures required by Federal Rule of Civil Procedure 26(a)(3) as
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well as the following supplemental information:

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Substance of the Action. A brief description of the

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substance of claims and defenses which remain to be

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The Action.

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decided.
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(ii)

Relief Prayed. A detailed statement of all the relief

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claimed, particularly itemizing all elements of damages
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claimed as well as witnesses, documents or other evidentiary
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material to be presented concerning the amount of those
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damages.
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(b)

The Factual Basis of the Action.

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(i)

Undisputed Facts. A plain and concise statement of

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all relevant facts not reasonably disputable, as well as which
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facts parties will stipulate for incorporation into the trial
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record without the necessity of supporting testimony or
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exhibits.
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(ii)

Disputed Factual Issues. A plain and concise

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statement of all disputed factual issues which remain to be
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decided.
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(iii)

Agreed Statement. A statement assessing whether all

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or part of the action may be presented upon an agreed
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statement of facts.
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(iv)

Stipulations. A statement of stipulations requested or

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proposed for pretrial or trial purposes.
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(c)

Disputed Legal Issues.

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Without extended legal argument, a concise statement of
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citing supporting statutes and decisions, and any procedural
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or evidentiary issues.

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each disputed point of law concerning liability or relief,

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(d)

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Trial Preparation.

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(i)

Witnesses to Be Called. With regard to witnesses

disclosed pursuant to Federal Rule of Civil Procedure
26(a)(3)(A), a brief statement describing the substance of the
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testimony to be given.
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(ii)

Estimate of Trial Time. An estimate of the number

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of hours needed for the presentation of each party's
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case, indicating possible reductions in time through
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proposed stipulations, agreed statements of facts, or
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expedited means of presenting testimony and
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exhibits.
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(iii)

Use of Discovery Responses. Designate excerpts

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from discovery that the parties intend to present at
trial, other than solely for impeachment or rebuttal,
from depositions specifying the witness with page
and line references, from interrogatory answers, or
from responses to requests for admission.
(e)

Trial Alternatives and Options.
(i)

Settlement Discussion. A statement summarizing the
status of settlement negotiations and indicating
whether further negotiations are likely to be
productive.

(ii)

Amendments, Dismissals. A statement of requested
or proposed amendments to pleadings or dismissals
of parties, claims or defenses.

(iii)

Bifurcation, Separate Trial of Issues. A statement of
whether bifurcation or a separate trial of specific
issues is feasible and desired.

(f)

Miscellaneous.
Any other subjects relevant to the trial of the action or
material to its just, speedy and inexpensive determination.

Serve and file trial briefs, motions in limine (including any motion
regarding the qualifications or testimony of any expert witness),
proposed voir dire questions, jury instructions, verdict forms and
excerpts from discovery that will be offered at trial (include a copy
of the deposition testimony or admission). The parties shall submit
proposed jury instructions jointly. lfthere are any instructions on
which the parties cannot agree, those instructions may be submitted
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separately;
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(3)

Serve and file an exhibit setting forth the qualifications and

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experience of each expert witness;
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(4)

Serve and file a list of each party's exhibits by numbers 1-500

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(plaintiff) or numbers 750-1250 (defendant), including a brief statement describing the substance
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and purpose of each exhibit and the name of the sponsoring witness;
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(5)

Exchange exhibits which shall be premarked (plaintiff shall use

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numbers 1-500; defendant shall use numbers 750-1250) and tabbed. Exhibits shall be three-hole
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punched and shall be submitted in binders. Each exhibit shall be marked on the front page or on
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the back of the last page with the information contained in Exhibit A to this Order; and
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(6)
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Deliver two sets of all premarked exhibits to chambers (exhibits are

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not to be filed). The two sets ofpremarked exhibits shall be for Court use only. The parties shall
bring a third set of their trial exhibits to trial to witnesses.
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No party shall be permitted to call any witness or offer any exhibit in its case in chief that
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is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the

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Court, by the above deadline, without leave of the Court and for good cause.
d.

At least (10) days prior to the pretrial conference, after meeting and

conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and
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file: (1) any objections to exhibits or to the use of deposition excerpts or other discovery; (2) any
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objections to non-expert witnesses; (3) any objection to proposed voir dire questions, jury
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instructions and verdict forms that the parties have been unable in good faith to resolve; (4) any
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opposition to a motion in limine. No replies shall be filed.
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e.

All motions in limine and objections shall be heard at the pretrial

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conference.
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6.

JURY TRIAL

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a.

Counsel shall submit an agreed upon set of voir dire questions to be posed

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by the Court. Any voir dire questions on which counsel cannot agree may be submitted
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separately. Cotmsel shall be allowed brief follow-up voir dire after the Court's questioning.
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b.

The following jury instructions from the Manual of Model Civil Jury

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Instructions for the Ninth Circuit (2007 Edition) shall be given absent objection: 1.1-1.2, 1.6-1.14,
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1.18, 2.11. Counsel shall submit jointly an agreed upon set of case specific instructions, using the
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Ninth Circuit Manual where appropriate. Do not submit duplicates of those listed above. Any
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instructions on which counsel cannot agree may be submitted separately. Each requested
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instruction shall be typed in full on a separate page with citations to the authority upon which it is
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based and a reference to the party submitting it. A second blind copy of each instruction and
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verdict form shall also be submitted, omitting the citation to authority and the reference to the
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submitting party.
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7. All documents filed with the Clerk ofthe Court shall list the civil case number followed
by the initials "EDL." One copy shall be clearly marked as a chambers copy. Chambers copies

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shall be three-hole punched at the left side, suitable for insertion into standard binders. In
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addition, all proposed jury instructions, motions in limine, forms of verdict and trial briefs shall be

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accompanied by a diskette containing a copy of the document formatted in WordPerfect 6.1, 7, 8,

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9, or 10 (Windows) or 8.0 (Windows).
IT IS SO ORDERED.
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Dated:

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UNITED STATES MAGISTRATE JUDGE

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EXHIBIT A

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

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Case Number:

Case Number:

Case Number:

PL TF I DEFT EXHIBIT
NO. _ _ _ __

PLTF I DEFT EXHIBIT
NO. _ _ _ __

PL TF I DEFT EXHIBIT
NO. _ _ _ __

Date
Admitted: _ _ _ _ _ _ _ __

Date
Admitted: _ _ _ _ _ _ _ __

Date
Admitted: _ _ _ _ _ _ _ __

By: _ _'S""'t=ep::t:hc::en=-"'Y.,.barr=a,,..,..,D""ep=u"'ty""'C~Ir::er::r:-k

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Case Number:

Case Number:

Case Number:

10

PL TF I DEFT EXHIBIT
NO. _ _ _ __

PL TF I DEFT EXHIBIT
NO. _ _ _ __

PLTF I DEFT EXHIBIT
NO. _ _ _ __

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Date
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Date
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Date
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Case Number:

Case Number:

Case Number:

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PL TF I DEFT EXHIBIT
NO. _ _ _ __

PL TF I DEFT EXHIBIT
NO. _ _ _ __

PLTF I DEFT EXHIBIT
NO. _ _ _ __

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Date
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
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NORTHERN DISTRICT OF
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
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Case Number:

Case Number:

Case Number:

PL TF I DEFT EXHIBIT
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PL TF I DEFT EXHIBIT
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PL TF I DEFT EXHIBIT
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