Montano v. Sinnaco

Filing 117

ORDER SETTING TRIAL Jury Selection set for 12/9/2011 08:30 AM before Hon. Claudia Wilken. Jury Trial (5 day)set for 12/9/2011 08:30 AM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 9/6/2011. (ndr, COURT STAFF) (Filed on 9/6/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 No. C 04-00543 CW WASHINGTON C. MONTANO, ORDER SETTING TRIAL DATE Plaintiff, v. CESAR L. SINNACO, Defendant. / 9 United States District Court For the Northern District of California 10 11 IT IS ORDERED that a 5 day jury trial will begin on Friday, 12 December 9, 2011 at 8:30 a.m. in Courtroom 2, Fourth Floor, 1301 13 Clay Street, Oakland, CA. 14 Defendant shall comply with the attached Order for Pretrial 15 Preparation. Counsel for both the Plaintiff and 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 9/6/2011 CLAUDIA WILKEN United States District Judge 1 2 ORDER FOR PRETRIAL PREPARATION Each party shall submit the following seven days before trial: 3 a. Exhibit List and Objections. The exhibit list required 4 by Civil L.R. 16-10(b)(7) shall list each proposed exhibit by its 5 number (see Civil L.R. 30-2(b)), description, and sponsoring witness, 6 followed by blanks to accommodate the date on which it is marked for 7 identification and the date on which it is admitted into evidence. 8 No party shall be permitted to offer any exhibit in its case-in-chief 9 that is not disclosed in its exhibit list without leave of the Court United States District Court For the Northern District of California 10 for good cause shown. 11 exhibits to the Courtroom Deputy. 12 contain the name and number of the case, the number of the exhibit, 13 and blanks to accommodate the date admitted and the Deputy Clerk's 14 initials. 15 available on the Court’s website at 16 Parties shall also deliver a set of premarked Appropriate b. sample Witness List. The exhibit markers shall each forms are attached and are also No party shall be permitted to call any 17 witness in its case-in-chief that is not disclosed in its pretrial 18 conference statement without leave of the Court for good cause shown. 19 c. 20 requirements 21 designation 22 responses to requests for admissions intended to be offered at trial. 23 The parties shall indicate any objections to use of these materials. 24 JURY SELECTION Use of Discovery Responses. of of Federal any Rule excerpts of from Civil In addition to the Procedure interrogatory 26(a)(3)(B), answers or a from 25 The Jury Commissioner will summon 20 to 25 prospective jurors. 26 The Courtroom Deputy will select their names at random and seat them 27 in the courtroom in the order in which their names are called. 28 2 1 Voir dire will be asked of sufficient venire persons so that 2 eight (or more for a lengthy trial) will remain after all peremptory 3 challenges and an anticipated number of hardship dismissals and cause 4 challenges have been made. 5 The Court will then take cause challenges, and discuss hardship 6 claims from the individual jurors, outside the presence of the venire. 7 The Court will inform the parties which hardship claims and cause 8 challenges will be granted, but will not announce those dismissals 9 until the process is completed. Each party may then list in writing United States District Court For the Northern District of California 10 up to three peremptory challenges. 11 other's lists and then submit them to the Courtroom Deputy. The parties will review each 12 Then, from the list of jurors in numerical order, the Court will 13 strike the persons with meritorious hardships, those excused for 14 cause, and those challenged peremptorily, and call the first eight 15 people in numerical sequence remaining. 16 jury. 17 18 Those people will be the All jurors remaining at the close of the case will deliberate. There are no alternates. 19 20 IT IS SO ORDERED. 21 ______________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 3 1 JUROR QUESTIONNAIRE 2 3 4 Please fill out this form as completely as possible and print clearly. Since we want to make copies for the attorneys and the Court, do not write on the back of any page. If you need more room, continue at the bottom of the page. Thank you for your cooperation. 5 1. Your name: ________________________________________________ 2. Your age: _________________________________________________ 3. Your place of birth: ______________________________________ 4. Do you rent or own your own home? _________________________ 5. Your marital status: (circle one) 6 7 8 9 United States District Court For the Northern District of California 10 single married live with partner separated divorced widowed 11 6. 12 What is your occupation, and how long have you worked in it? (If you are retired, please describe your main occupation when you were working). 13 _______________________________________________________________ 14 _______________________________________________________________ 15 7. Who is (or was) your employer? 16 _______________________________________________________________ 17 8. How long have you worked for this employer? ______________ 18 19 9. Please list the occupations of any adults with whom you live. 20 _______________________________________________________________ 21 10. 22 If you have children, please list their ages and sex and, if they are employed, please give their occupations. 23 _______________________________________________________________ 24 _______________________________________________________________ 25 _______________________________________________________________ _______________________________________________________________ 26 11. Please describe your educational background: 27 28 4 1 Highest grade completed: _________________________________ 2 College and/or vocational schools you have attended: 3 _______________________________________________________________ 4 _______________________________________________________________ 5 _______________________________________________________________ 6 Major areas of study:_____________________________________ 7 12. Have you ever served on a jury before? ________ 8 times?________ 9 If yes: How many State/County Court _______ Federal Court _______ United States District Court For the Northern District of California 10 When? ____________________________________________________ 11 Was it a civil or criminal case? _________________________ 12 Did the jury(ies) reach a verdict? _______________________ 13 13. Attached is a list of the parties in this case, the law firms 14 representing the parties, attorneys in this case, and persons 15 who are potential witnesses in this case. 16 you know, any of the persons listed? 17 18 Yes:_____ No:_____ If so, make a check next to their name. 19 20 21 Rev. 6/28/10 22 23 24 25 26 27 28 5 Do you know, or think

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