Arriaga v. ABB/Con-Cise Optical Group LLC

Filing 22

CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL: Amended Pleadings due by 5/1/2018. Close of Expert Discovery due by 10/25/2018. Close of Fact Discovery due by 9/13/2018. Expert Reports due by 9/13/2018. Rebuttal Expert Reports due by 10/4 /2018. Final Pretrial Conference set for 1/15/2019 02:30 PM. Jury Selection / Jury Trial (8 days) set for 2/11/2019 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Judge Edward M. Chen. Dispositive Motion Hearing set for 11/8/2018 01:30 PM before Judge Edward M. Chen. Further Status Conference set for 4/19/2018 10:30 AM before Judge Edward M. Chen, joint status conference statement due by 4/12/2018.. Signed by Judge Edward M. Chen on 1/4/2018. (tlS, COURT STAFF) (Filed on 1/4/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUBY ARRIAGA,

Case No. 17-cv-05761-EMC

Plaintiff,
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v.

CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL

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ABB/CON-CISE OPTICAL GROUP LLC,

United States District Court
Northern District of California

Defendant.
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Pursuant to Federal Rule of Civil Procedure 16 and Civil Local Rule 16-10, THE FOLLOWING

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DEADLINES ARE HEREBY ORDERED:

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1.

TRIAL DATE:

2/11/2019, at 8:30 a.m.
Courtroom 5, 17th Floor
Jury (x) or Court ( )

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TRIAL LENGTH:

Estimated 8 court days (typical court day for
trial is 8:30 a.m. to 2:00 p.m.; Thursdays are
dark)

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FINAL PRETRIAL CONFERENCE:

1/15/2019, at 2:30 p.m.
LEAD COUNSEL WHO WILL TRY THE
CASE MUST ATTEND.

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DISPOSITIVE MOTIONS:

Last day to be heard 11/08/2018 at 1:30 p.m.
See Civil Local Rules for notice and filing
requirements.

5.

NON-EXPERT DISCOVERY CUT-OFF:

9/13/2018

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EXPERT REPORTS:

Opening reports by 9/13/2018

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Rebuttal reports by 10/04/2018

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EXPERT DISCOVERY CUT-OFF:

10/25/2018

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8.

DISCOVERY LIMITATIONS:
(F.R.C.P. applies unless
otherwise indicated)

Prior to completion of ADR, each party is
limited to:

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Note: Parties may proceed with depositions and written discovery in conformance with the
Federal Rules of Civil Procedure. Instead of filing formal discovery motions, parties shall refer to
this Court’s standing order to meet and confer and submit joint letter on unresolved issues to the
Court for expedited resolution.

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Interrogatories ____

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Depositions

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Document Requests

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Requests for Admission ____
After ADR, each party is limited to: FRCP

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Interrogatories ____

United States District Court
Northern District of California

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Depositions ____

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Document Requests ____

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Requests for Admission ____

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9.

ADR:

To be completed 3/21 2018
Court-sponsored mediation x

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Court-sponsored ENE

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Mag. Judge Settlement Conf.
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Private mediation
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Private arbitration ____
Other : ________

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10.

LAST DAY TO AMEND PLEADING:

5/01/2018

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FURTHER STATUS CONFERENCE:

4/19/2018 at 10:30 a.m.

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PRETRIAL INSTRUCTIONS

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A.

At least forty-two (42) days prior to the final pretrial conference, lead counsel who will try

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MEET AND CONFER

the case shall meet and confer regarding the following:

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1.

Preparation and content of the joint pretrial conference statement, see Part B, infra;

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2.

Preparation and exchange of pretrial materials, see Part C, infra; and

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3.

Settlement of the action.

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United States District Court
Northern District of California

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B.

JOINT PRETRIAL CONFERENCE STATEMENT
At least twenty-one (21) days prior to the final pretrial conference, the parties shall file a

joint pretrial conference statement. The statement shall contain the following information:
1.

The Action.
a.

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defenses which need to be decided.

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b.

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Relief Prayed. A statement of all relief sought, particularly itemizing all
elements of damages claimed.

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Substance of the Action. A brief description of the substance of claims and

2.

Factual Basis of the Action.
a.

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Undisputed Facts. A list of all stipulated facts, i.e., all facts parties to which
the parties will stipulate to for incorporation into the trial record without the

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necessity of supporting testimony or exhibits.
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b.

Disputed Factual Issues. A list of all factual issues that remain to be tried,

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stating the issues with the same generality/specificity as any contested
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elements in the relevant jury instructions and organized by counts.
3.

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each disputed point of law concerning liability or relief, citing supporting statutes

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and decisions.
4.

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Disputed Legal Issues. Without extended legal argument, a concise statement of

Estimate of Trial Time. An estimate of the number of hours needed for the
presentation of each party’s case.

5.

Trial Alternatives and Options.

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a.

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Settlement Discussion. A statement summarizing the status of settlement

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negotiations and indicating whether further negotiations are likely to be

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productive.
b.

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Consent to Trial Before a Magistrate Judge. A statement whether reference

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of all or part of the action to a master or magistrate judge is feasible,

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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.

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amendments to pleadings or dismissals of parties, claims, or defenses.

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d.

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United States District Court
Northern District of California

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

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Amendments or Dismissals. A statement of requested or proposed

6.

Witnesses. The following information should be provided as an appendix to the
joint pretrial conference statement. For each party, a list of all witnesses likely to

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be called at trial, including those appearing by deposition. For each witness, there

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should be a short statement of the substance of his or her testimony and an estimate

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regarding the length of testimony (including direct and cross-examination). If the

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witness is an expert witness, the short statement should clearly state the expert’s

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theories and conclusions and the bases therefor; in addition, the expert’s curriculum
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vitae and report (if any) should be attached. If there are objections to a live
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witness’s testimony, whether in whole or in part, that objection should be raised
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through a motion in limine. For objections to deposition testimony, see Part B.8,
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infra.
7.

Exhibits. The following information should be provided as an appendix to the joint
pretrial conference statement. A joint exhibit list in tabular form, with (a) a
column that briefly describes the exhibit; (b) a column that describes for what
purpose the party will offer the exhibit and identifies its sponsoring witness; (c) a
column that states any objections to the exhibit; (d) a column that briefly responds
to the objections; and (e) a blank column for the Court’s use. Before this list is

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filed with the Court, the parties shall meet and confer, in person, to consider exhibit

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numbers, to eliminate duplicate exhibits and confusion over exhibits, and to make a

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good faith effort to stipulate to admissibility. If stipulation is not possible, the

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parties shall make every effort to stipulate to authenticity and foundation absent a

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legitimate (not tactical) objection. In addition to the above, a joint statement in

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which each party identifies fifteen (15) of the opposing party’s exhibits for which

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the identifying party seeks rulings on objections in advance of trial. A party may

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identify, e.g., an exhibit that it believes is critical to the case (if admitted or if not

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admitted) or an exhibit that it believes is representative of other exhibits such that
the identified exhibit will provide a bellwether as to how the Court will rule on

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other exhibits.

United States District Court
Northern District of California

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8.

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Use of Discovery Responses. The following information should be provided as an
appendix to the joint pretrial conference statement. Excerpts of interrogatory

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responses, responses to requests for admission, and deposition testimony (with

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specific line references identified) that each party intends to present at trial. If there

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are objections to the use of written responses, the parties should include a joint

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memorandum that briefly states the objecting party’s objection and the opposing

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party’s response. If there is an objection to the general subject matter of a
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deponent’s testimony, the objection should be made through a motion in limine. If
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specific objections were made during the deposition that are still in need of a Court
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ruling, the parties should include a joint memorandum that identifies the deposition
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testimony at issue and that briefly states the objecting party’s objection (including

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any counter-designation) and the opposing party’s response (including any counter-

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designation). The Court expects the parties to meet and confer in good faith in the

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attempt to resolve those specific objections regarding deposition testimony before

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any memorandum regarding objections are filed.
C.

PRETRIAL MATERIALS
At least twenty-one (21) days prior to the final pretrial conference, the parties shall file the

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following pretrial materials.
1.

Motions in Limine. The following procedure should be used with respect to

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motions in limine. At least thirty-two (32) days before the pretrial conference, serve – but do not

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file – the moving papers. At least twenty-five (25) days before the conference, serve – but do not

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file – the oppositions. When the oppositions are received, the moving party should collate the

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motion and opposition together, back to back, and then file the paired sets (each under separate

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cover) at least twenty-one (21) days prior to the conference.

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United States District Court
Northern District of California

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Each motion in limine should address a single topic and contain no more than seven pages
of briefing per side. Reply briefs are not permitted. Usually, each party or side should not need to
file more than five motions in limine. Each party shall number its motions in limine in order of
importance, the first being the most important.
2.

Preliminary Statement to the Jury. In a jury trial, the parties shall provide a

simplified statement of the case to be read to the jury during voir dire and as a part of the proposed
jury instructions. Unless the case is extremely complex, this statement should not exceed one
paragraph.
3.

Jury Instructions. In a jury trial, a joint set of proposed jury instructions on

substantive issues of law, arranged in a logical sequence.
If undisputed, an instruction shall be identified as “Stipulated Instruction No. ____ re

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____________________,” with the blanks filled in as appropriate. Even if stipulated, the
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instruction shall be supported by citation.
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If disputed, each version of the instruction shall be inserted together, back to back, in their
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logical place in the overall sequence. A disputed instruction shall be identified as “Disputed
Instruction No. ____ re ____________________ offered by __________,” with the blanks filled
in as appropriate. All disputed versions of the same basic instruction shall bear the same number.
If a party does not have a counter-version and simply contends that no such instruction in any
version should be given, then that party should so state on a separate page inserted in lieu of an
alternate version. Each party should support its version of a disputed instruction, and/or oppose
the version offered by the opposing party, with a brief argument and citation to any relevant

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authority. The argument and citation should be provided immediately following the disputed

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instructions. The parties are encouraged to keep disputed instructions to a minimum.

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Finally, absent objection, the Court shall give the following jury instructions from the

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Ninth Circuit Manual of Model Civil Jury Instructions (2017 ed.): 1.3-1.5, 1.9-1.15, 1.17-1.18,

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1.20-1.21, 3.1-3.3, 3.5.

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4.

Voir Dire. In a jury trial, the Court will conduct a voir dire based on the attached

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(or a similar) questions/subjects. Counsel may also submit for the Court’s consideration an agreed

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upon set of additional voir dire questions to be posed by the Court. Any voir dire questions on

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which counsel cannot agree may be submitted separately. Counsel will be allowed a brief (15

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United States District Court
Northern District of California

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minutes) follow-up voir dire after the Court’s questioning.
5.

Verdict Form. In a jury trial, the parties shall submit a joint proposed verdict

form. If the parties are unable to stipulate to a verdict form, then each party or side shall submit a
proposed verdict form.
6.

Proposed Findings of Fact and Conclusions of Law. In a bench trial, each party

or side shall submit proposed findings of fact and conclusions of law.
7.

Exhibits. The parties shall submit two sets of all exhibits. Exhibits are not to be

filed but rather shall be submitted to chambers. Exhibits must be premarked. In addition, one set
of exhibits must be tagged. Exhibits shall be three-hole punched and shall be submitted in binders.

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Sample tags may be obtained from the Courtroom Deputy and are attached as Exhibit A hereto.
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8.

Trial Brief. Each party shall submit a trial brief not to exceed 15 pages absent

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court order. A trial brief is most helpful to the Court when it: (1) summarizes the party’s theory
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of the case, (2) identifies key evidence, and (3) provides summary briefing on any controlling
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issues of law.
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Dated: 1/4/2018
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________________________
EDWARD M. CHEN
United States District Judge

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JUROR QUESTIONNAIRE

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1.

Name.

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2.

City of residence.

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3.

Occupational status.

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4.

Educational background.

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5.

Organizations.

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6.

Hobbies.

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7.

Marital status.

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Spouse’s occupation.

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United States District Court
Northern District of California

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Children (including ages).

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10.

If a juror on another case.

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11.

If ever a grand juror.

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12.

If ever in the military.

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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:

PLTF / DEFT EXHIBIT
NO._____________

PLTF / DEFT EXHIBIT
NO._____________

Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

By:_______________________________

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Case Number:
PLTF / DEFT EXHIBIT
NO._____________

By:_______________________________

By:_______________________________

Betty Lee, Deputy Clerk

Betty Lee, Deputy Clerk

Betty Lee, 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._____________

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Date
Admitted:________________________

Date
Admitted:________________________

Date
Admitted:________________________

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By:_______________________________

By:_______________________________

By:_______________________________

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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

Betty Lee, Deputy Clerk

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Betty Lee, Deputy Clerk

Betty Lee, Deputy Clerk

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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:________________________

By:_______________________________

By:_______________________________

By:_______________________________

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Betty Lee, Deputy Clerk
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Betty Lee, Deputy Clerk
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Betty Lee, Deputy Clerk
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