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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 04-00543 CW

WASHINGTON C. MONTANO,

ORDER SETTING TRIAL
DATE

Plaintiff,
v.
CESAR L. SINNACO,
Defendant.
/

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United States District Court
For the Northern District of California

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IT IS ORDERED that a 5 day jury trial will begin on Friday,

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December 9, 2011 at 8:30 a.m. in Courtroom 2, Fourth Floor, 1301

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Clay Street, Oakland, CA.

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Defendant shall comply with the attached Order for Pretrial

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Preparation.

Counsel for both the Plaintiff and

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Dated: 9/6/2011
CLAUDIA WILKEN
United States District Judge

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ORDER FOR PRETRIAL PREPARATION
Each party shall submit the following seven days before trial:

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a.

Exhibit List and Objections.

The exhibit list required

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by Civil L.R. 16-10(b)(7) shall list each proposed exhibit by its

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number (see Civil L.R. 30-2(b)), description, and sponsoring witness,

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followed by blanks to accommodate the date on which it is marked for

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identification and the date on which it is admitted into evidence.

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No party shall be permitted to offer any exhibit in its case-in-chief

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that is not disclosed in its exhibit list without leave of the Court

United States District Court
For the Northern District of California

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for good cause shown.

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exhibits to the Courtroom Deputy.

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contain the name and number of the case, the number of the exhibit,

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and blanks to accommodate the date admitted and the Deputy Clerk's

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initials.

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available on the Court’s website at www.cand.uscourts.gov.

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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

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witness in its case-in-chief that is not disclosed in its pretrial

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conference statement without leave of the Court for good cause shown.

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c.

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requirements

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designation

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responses to requests for admissions intended to be offered at trial.

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The parties shall indicate any objections to use of these materials.

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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

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The Jury Commissioner will summon 20 to 25 prospective jurors.

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The Courtroom Deputy will select their names at random and seat them

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in the courtroom in the order in which their names are called.

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Voir dire will be asked of sufficient venire persons so that

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eight (or more for a lengthy trial) will remain after all peremptory

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challenges and an anticipated number of hardship dismissals and cause

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challenges have been made.

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The Court will then take cause challenges, and discuss hardship

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claims from the individual jurors, outside the presence of the venire.

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The Court will inform the parties which hardship claims and cause

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challenges will be granted, but will not announce those dismissals

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until the process is completed.

Each party may then list in writing

United States District Court
For the Northern District of California

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up to three peremptory challenges.

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other's lists and then submit them to the Courtroom Deputy.

The parties will review each

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Then, from the list of jurors in numerical order, the Court will

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strike the persons with meritorious hardships, those excused for

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cause, and those challenged peremptorily, and call the first eight

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people in numerical sequence remaining.

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jury.

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Those people will be the

All jurors remaining at the close of the case will deliberate.
There are no alternates.

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IT IS SO ORDERED.

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______________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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JUROR QUESTIONNAIRE

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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.

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1.

Your name: ________________________________________________

2.

Your age: _________________________________________________

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Your place of birth: ______________________________________

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Do you rent or own your own home? _________________________

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Your marital status: (circle one)

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United States District Court
For the Northern District of California

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single

married

live with partner

separated

divorced

widowed

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6.
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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).

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_______________________________________________________________
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_______________________________________________________________
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7.

Who is (or was) your employer?

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_______________________________________________________________
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8.

How long have you worked for this employer? ______________

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9.

Please list the occupations of any adults with whom you
live.

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_______________________________________________________________

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10.
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If you have children, please list their ages and sex and,
if they are employed, please give their occupations.

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_______________________________________________________________

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_______________________________________________________________

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_______________________________________________________________
_______________________________________________________________

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11.

Please describe your educational background:

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Highest grade completed: _________________________________

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College and/or vocational schools you have attended:

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_______________________________________________________________

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_______________________________________________________________

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_______________________________________________________________

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Major areas of study:_____________________________________

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12.

Have you ever served on a jury before? ________

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times?________

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If yes:

How many

State/County Court _______

Federal Court _______

United States District Court
For the Northern District of California

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When? ____________________________________________________

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Was it a civil or criminal case? _________________________

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Did the jury(ies) reach a verdict? _______________________

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13.

Attached is a list of the parties in this case, the law firms

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representing the parties, attorneys in this case, and persons

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who are potential witnesses in this case.

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you know, any of the persons listed?

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Yes:_____

No:_____

If so, make a check next to their name.

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Rev. 6/28/10

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Do you know, or think