Sales v. Johnson et al

Filing 6

*** EFiled in Error. Disregard this entry and corresponding document. *** CASE MANAGEMENT AND PRETRIAL ORDER for Bench Trial signed by Magistrate Judge Elizabeth D. Laporte. The Bench trial shall begin on 6/5/2017 at 8:30 AM before Magistrate Judge Elizabeth D. Laporte. A Pretrial Conference is set for 5/16/2017 at 2:00 PM. (shyS, COURT STAFF) (Filed on 7/13/2016) Modified on 7/13/2016 (shyS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MCKESSON CORPORATION,

Case No. 16-cv-00111-EDL

Plaintiff,
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v.
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APOTHECARXY SPECIALTY, LLC, et al.,

CASE MANAGEMENT AND
PRETRIAL ORDER FOR BENCH
TRIAL

Defendants.

United States District Court
Northern District of California

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Following the Case Management Conference held on July 6, 2016, IT IS HEREBY

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ORDERED THAT pursuant to Fed. R. Civ. P. 16, the following case management and pretrial

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order is entered:

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1. TRIAL DATE
a.

Court trial will begin on June 5, 2017 at 8:30 A.M. in Courtroom E, 15th

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Floor, 450 Golden Gate Avenue, 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.

The length of the trial will be not more than 3 days.

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2. DISCOVERY

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a.

All non-expert discovery shall be completed no later than January 18, 2017.

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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.

The Parties do not intend to designate experts.

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c.

Rule 26(e)(1) of the 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)(1), 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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d.

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

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

e.

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 of the 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 of the 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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f.

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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on all other parties the full extent to which they will produce materials and shall, promptly after
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the production, confirm in writing that they have produced all such materials so described that are
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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 last day for hearing dispositive motions shall be March 7, 2017. Dispositive motions
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shall be served and filed no later than thirty-five (35) days prior to the scheduled hearing date.
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United States District Court
Northern District of California

Briefing shall be in compliance with Civil Local Rule 7-3.
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4. ALTERNATIVE DISPUTE RESOLUTION/SETTLEMENT CONFERENCE
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This matter is referred for mediation through the Court's Alternative Dispute Resolution
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department. The mediation session shall take place in October 2016 or as soon thereafter as is
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possible.
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PRETRIAL CONFERENCE
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a.

A pretrial conference shall be held on May 16, 2017 at 2:00 P.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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(a)

The Action.

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(i)

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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decided.
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(ii)

Relief Prayed. A detailed statement of all the relief

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United States District Court
Northern District of California

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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each disputed point of law concerning liability or relief,
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citing supporting statutes and decisions, and any procedural
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or evidentiary issues.
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(d)

Trial Preparation.

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(i)

Witnesses to Be Called. With regard to witnesses

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disclosed pursuant to Federal Rule of Civil Procedure
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United States District Court
Northern District of California

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

Trial Alternatives and Options.

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(i)

Settlement Discussion. A statement summarizing the

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status of settlement negotiations and indicating
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whether further negotiations are likely to be
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productive.
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(ii)

Amendments, Dismissals. A statement of requested

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or proposed amendments to pleadings or dismissals
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of parties, claims or defenses.
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(iii)

Bifurcation, Separate Trial of Issues. A statement of

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whether bifurcation or a separate trial of specific
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issues is feasible and desired.
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(f)

Miscellaneous.

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United States District Court
Northern District of California

Any other subjects relevant to the trial of the action or
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material to its just, speedy and inexpensive determination.
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(2)

Serve and file trial briefs, motions in limine (including any motion

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regarding the qualifications or testimony of any expert witness), and
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excerpts from discovery that will be offered at trial (include a copy
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of the deposition testimony or admission), and joint proposed
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findings of fact and conclusions of law. The findings of fact shall
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set forth in simple, declarative sentences, separately numbered, all
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factual contentions relied upon by the party in support of its claims
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for relief and shall be free of pejorative language and argument.
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Counsel shall submit separately their disputed findings of fact and
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conclusions of law. Counsel shall deliver to chambers a copy of
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their proposed findings of fact and conclusions of law on a computer
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diskette compatible with WordPerfect 6.1, 7, 8, 9, 10 or 8.0 for
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Windows.
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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
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statement describing the substance and purpose of each exhibit and
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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.
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Exhibits shall be three-hole punched and shall be submitted in
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binders. Each exhibit shall be marked on the front page or on the
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back of the last page with the information contained in Exhibit A to
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United States District Court
Northern District of California

this Order; and
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(6)

Deliver two sets of all premarked exhibits to chambers (exhibits are

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not to be filed). The two sets of premarked exhibits shall be for
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Court use only. The parties shall bring a third set of their trial
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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.
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d.

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

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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 opposition to a motion in limine. No replies shall be
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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. All documents filed with the Clerk of the Court shall list the civil case number followed
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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 CD or USB flash drive containing a copy of the document in Microsoft Word
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format (*.docx).
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IT IS SO ORDERED.
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Dated: July 13, 2016
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______________________________________
ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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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:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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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:

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PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

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Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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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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United States District Court
Northern District of California

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Case Number:

Case Number:

Case Number:

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PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

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Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

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By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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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:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

By:_______________________________
Stephen Ybarra, Deputy Clerk

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