Sirius America Insurance Company v. Comac Investments, Inc.

Filing 22

PRETRIAL ORDER. Signed by Judge Susan Illston on 11/2/15. (Attachments: # 1 Standing Order)(tfS, COURT STAFF) (Filed on 11/3/2015)

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(8/2013)

PRETRIAL INSTRUCTIONS
Honorable Susan Illston

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COUNSEL SHALL MEET AND CONFER IN GOOD FAITH IN ADVANCE OF
COMPLYING WITH THE FOLLOWING PRETRIAL REQUIREMENTS.

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United States District Court
Northern District of California

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1.
PRETRIAL CONFERENCE and STATEMENT - The parties shall comply in all
respects with F.R.Civ.P 16. The statement is due fourteen days prior to the Pretrial Conference.
The parties shall file a joint pretrial conference statement containing the following information:
a.

The Action

(1) Substance of the Action. A brief description of the substance of claims
and defenses which remain to be decided.
(2) Relief Prayed. A detailed statement of all the relief claimed, particularly
itemizing all elements of damages claimed as well as witnesses, documents or other evidentiary
material to be presented concerning the amount of those damages.
b.

The Factual Basis of the Action

(1) Undisputed Facts. A plain and concise statement of all relevant facts not
reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial
record without the necessity of supporting testimony or exhibits.
(2) Disputed Factual Issues. A plain and concise statement of all disputed factual
issues which remain to be decided.

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(3) Agreed Statement. A statement assessing whether all or part of the action
may be presented upon an agreed statement of facts.
(4) Stipulations. A statement of stipulations requested or proposed for
pretrial or trial purposes.
c.

Disputed Legal Issues

(1) Points of Law. Without extended legal argument, a concise statement of each
disputed point of law concerning liability or relief, citing supporting statutes and decisions setting
forth briefly the nature of each party's contentions concerning each disputed point of law,
including procedural and evidentiary issues.
(2) Proposed Conclusions of Law. If the case is to be tried without a jury, unless
otherwise ordered, parties should briefly indicate objections to proposed conclusions of law.

d.

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Trial Preparation

(1) Witnesses to be Called. A list of all witnesses likely to be called at trial, other
than solely for impeachment or rebuttal, together with a brief statement following each name
describing the substance of the testimony to be given.
(2) Exhibits, Schedules and Summaries. A list of all documents and other items
to be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief
statement following each, describing its substance or purpose and the identity of the sponsoring
witness. Unless otherwise ordered, parties will indicate their objections to the receipt in evidence
of exhibits and materials lodged and that counsel have conferred respecting such objections.

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United States District Court
Northern District of California

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(3) Estimate of Trial Time. An estimate of the number of court days needed for
the presentation of each party's case, indicating possible reductions in time through proposed
stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits.
(4) Use of Discovery Responses. Counsel shall cite possible presentation at
trial of evidence, other than solely for impeachment or rebuttal, through use of excerpts from
depositions, from interrogatory answers, or from responses to requests for admission. Counsel
shall indicate any objections to use of these materials and that counsel has conferred respecting
such objections.
(5) Further Discovery or Motions. A statement of all remaining discovery or
motions, including motions in limine.

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e.

Trial Alternatives and Options

(1) Settlement Discussion. A statement summarizing the status of settlement
negotiations and indicating whether further negotiations are likely to be productive.
(2) Consent to Trial Before a Magistrate Judge. A statement whether reference
of all or part of the action to a master or magistrate judge is feasible, including whether the parties
consent to a court or jury trial before a magistrate judge, with appeal directly to the Ninth Circuit.
(3) Amendments, Dismissals. A statement of requested or proposed amendments
to pleadings or dismissals of parties, claims or defenses.
(4) Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or
a separate trial of specific issues is feasible and desired.

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2.

WITNESSES

a.
Jury Trials. The Pretrial Conference Statement shall include the witness list
required in part by 1(a)(4)(A) above. In addition, in the case of expert witnesses, the summary
shall clearly state the expert's theories and conclusions and the basis therefore and shall be
accompanied by a curriculum vitae; if the expert has prepared a report in preparation for the
testimony, a copy thereof shall be furnished to opposing counsel. Witnesses not included on the
list may be excluded from testifying.
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b.
Non-Jury Trials. In non-jury cases, any party may serve and lodge with the Court
a written narrative statement of the proposed direct testimony of each witness under that party's
control in lieu of a summary. Each statement shall be marked as an exhibit and shall be in a form
suitable to be received into evidence.

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United States District Court
Northern District of California

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3.

JURY INSTRUCTIONS

a.
Joint Set of Instructions. The parties shall jointly prepare a set of jury
instructions, and shall file an original and two copies of same fourteen days prior to the Pretrial
Conference. The submission shall contain both agreed upon instructions (which shall be so
noted), and contested instructions, all in the order in which they should be read to the jury. Where
contested instructions are included, they should be annotated both with the proponent’s authority
for seeking the instruction and the opponent’s reason for opposition. Counsel shall deliver to
Chambers a copy of the joint submission, on a CD/DVD in Microsoft Word format. The label
shall include the case number and a description of the documents.
b.
Substance and Format of Instructions. The instructions shall cover all
substantive issues and other points not covered by the Ninth Circuit Manual of Model Jury
Instructions. Each requested instruction shall be typed in full on a separate page and citations to
the authorities upon which the instruction is based shall be included. Instructions shall be brief,
clear, written in plain English and free of argument. Pattern or form instructions shall be revised
to address the particular facts and issues of this case.
c.
Preliminary Statement and Instructions. If the parties wish to have a
preliminary statement read to the jury, and/or preliminary instructions given to the jury, they shall
jointly prepare and submit to the Court, fourteen days prior to the pretrial conference, the text of
the statement and instructions, clearly marked.
d.
Voir Dire and Verdict Forms. Each party shall serve and file proposed questions
for jury voir dire and a proposed Form of Verdict not later than fourteen days prior to the Pretrial
Conference.

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4.

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In non-jury cases, each party shall serve and lodge with the Court fourteen days prior to
the Pretrial Conference, proposed Findings of Fact and Conclusions of Law on all material issues.
Proposed Findings shall be brief, written in plain English and free of pejorative language,
conclusions and argument. Parties shall deliver to Chambers copies of proposed Findings of Fact
and Conclusions of Law on a CD/DVD in Microsoft Word format. The label shall include the
name of the parties, the case number and a description of the documents.

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FINDINGS OF FACT and CONCLUSIONS OF LAW

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5.

EXHIBITS

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a.
Provide Copies of Exhibits to Other Parties. Each party shall provide every
other party with one set of all proposed exhibits, charts, schedules, summaries, diagrams and other
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similar documentary materials to be used in its case in chief at trial, together with a complete list
of all such proposed exhibits. Voluminous exhibits shall be reduced by elimination of irrelevant
portions or through the use of summaries. Each item shall be pre-marked with a trial exhibit
sticker (not deposition exhibit label), defendant’s exhibit numbers shall be sequenced to begin
after plaintiff's exhibit numbers. If there are numerous exhibits, they should be provided in threering binders with marked tab separators. All exhibits which have not been provided as required
are subject to exclusion.
b.
Stipulations re Admissibility. Fourteen days prior to the Pretrial Conference, the
parties shall make a good faith effort to stipulate to exhibits’ admissibility. If stipulation is not
possible, the parties shall make every effort to stipulate to authenticity and foundation absent a
legitimate (not tactical) objection.
c.
Objections to Exhibits. In addition to the exhibit list, counsel shall confer with
respect to any other objections to exhibits in advance of the Pretrial Conference. Each party shall
file and serve a statement briefly identifying each item objected to, the grounds for the objection
and the position of the offering party fourteen days prior to the date set for the Pretrial Conference.

United States District Court
Northern District of California

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d.
Provide Copies of Exhibits to Court. Three sets of exhibits shall be provided to
the Court on the Friday prior to the trial date. Each set shall be in binders, marked, tabbed and
indexed and shall be delivered/mailed directly to Chambers. Parties are to comply with Local Rule
16-10(b)(7).

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e.
Disposition of Exhibits after Trial. Upon the conclusion of the trial, each
party shall retain its exhibits through the appellate process. It is each party’s responsibility to
make arrangements with the Clerk of Court to file the record on appeal.

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6.

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Any party wishing to have motions in limine heard prior to the commencement of trial
must file and serve same no later than fourteen days prior to the date set for the Pretrial
Conference. Any party opposing such a motion in limine shall file and serve its opposition papers
no later than seven days prior to the Pretrial Conference. Reply papers are not required. The
motions will be heard at the Pretrial Conference or at such other time as the Court may direct.
Nothing in this provision prevents a party from noticing its motions in limine regularly for hearing
on or prior to the final date for hearing dispositive motions. NO LEAVE TO FILE
UNDERSEAL WILL BE GRANTED WITH RESPECT TO MOTIONS IN-LIMINE.

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MOTIONS IN-LIMINE

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7.

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a.
Status/Discovery Conferences. Any party desiring to confer with the Court may,
upon notice to all other parties, arrange a conference through the Courtroom Deputy,
Ms. Tracy Kasamoto (415-522-2028).

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OTHER PRETRIAL MATTERS

b.

Settlement Conferences. Any party wishing to arrange a settlement conference
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before another judge or Magistrate Judge may do so by contacting the courtroom deputy.
c.
Daily Transcripts/Realtime Reporting. If a daily transcript and/or realtime
reporting is needed, the parties shall make arrangements with Debra Campbell, Court Reporter
Supervisor, at [phone] or [e-mail], at least fourteen days
before trial commences. If transcripts will be requested immediately after trial, arrangements must
be made with the court reporter at least fourteen days before trial commences.

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8.

MISCELLANEOUS
a.

The Court takes a photograph of each witness prior to the witness' testimony.

b.
Please DO NOT call Chambers. If you need to contact the courtroom deputy,
please call the number above and leave a message if the deputy is not available.

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United States District Court
Northern District of California

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