Valdez et al v. City of San Jose et al
Filing
260
AMENDED CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL. Signed by Judge Kandis A. Westmore on 05/27/2014. (kawlc2S, COURT STAFF) (Filed on 5/27/2014)
1
2
3
UNITED STATES DISTRICT COURT
4
NORTHERN DISTRICT OF CALIFORNIA
5
6
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FRANCISCO VALDEZ, et al.,
Plaintiffs,
8
v.
9
10
AMENDED1 CASE MANAGEMENT AND
PRETRIAL ORDER FOR JURY TRIAL
CITY OF SAN JOSE, et al.,
Defendants.
11
United States District Court
Northern District of California
Case No.: 4:09-cv-0176 KAW
12
13
1.
TRIAL DATE (First Trial)
a.
14
Jury trial will begin on June 16, 2014 at 1:00 p.m. at the U.S. District Court, 1301
15
Clay Street, Oakland, California. For courtroom number and floor information, please check the
16
Court’s on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call
17
Susan Imbriani (Judge Westmore’s Courtroom Deputy) at (510) 637-3525.
b.
18
The length of the trial will be not more than 5 days. The Court may shorten the
19
allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side.
20
Given the Court’s criminal duty calendar, trial will begin each day at 1:00 p.m. and end at 5:00
21
p.m.
22
2.
PRETRIAL CONFERENCE
a.
23
A pretrial conference shall be held on June 3, 2014 at 3:00 p.m. Lead counsel
24
who will try the case (or the party if pro se) must attend. The timing of disclosures required
25
by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by
26
this order.
27
28
1
This order is amended to reflect the correct start and end time for the jury trial beginning June
16, 2014 and the jury trial beginning June 30, 2014.
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
1
1
2
b.
By May 6, 2014, thirty (30) days prior to the date of the pretrial conference, lead
counsel shall meet and confer regarding:
3
(1)
Preparation and content of the joint pretrial conference statement;
4
(2)
Preparation and exchange of pretrial materials to be served and lodged
pursuant to paragraph 5(c) below; and
5
(3)
6
7
8
9
c.
Settlement of the action.
By May 16, 2014, twenty (20) days prior to the pretrial conference, counsel
and/or parties shall:
(1)
Serve and file a joint pretrial statement that includes the pretrial disclosures
required by Federal Rule of Civil Procedure 26(a)(3) as well as the
11
United States District Court
Northern District of California
10
following supplemental information:
12
(a)
The Action.
(i)
13
Substance of the Action. A brief description of the substance
of claims and defenses which remain to be decided.
14
(ii)
15
Relief Prayed. A detailed statement of all the relief claims,
16
particularly itemizing all elements of damages claimed as well
17
as witnesses, documents or other evidentiary material to be
18
presented concerning the amount of those damages.
19
20
(b)
The Factual Basis of the Action.
(i)
Undisputed Facts. A plain and concise statement of all
21
relevant facts not reasonably disputable, as well as which facts
22
parties will stipulate for incorporation into the trial record
23
without the necessity of supporting testimony or exhibits.
24
25
26
(ii)
Disputed Factual Issues. A plain and concise statement of all
disputed factual issues which remain to be decided.
(iii) Agreed Statement. A statement assessing whether all or part
27
of the action may be presented upon an agreed statement of
28
facts.
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
2
(iv) Stipulations. A statement of stipulations requested or
1
proposed for pretrial or trial purposes.
2
3
(c)
Disputed Legal Issues.
4
Without extended legal argument, a concise statement of each
5
disputed point of law concerning liability or relief, citing supporting
6
statutes and decisions.
7
(d)
Trial Preparation.
(i)
8
Witnesses to Be Called. With regard to witnesses disclosed
pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A),
10
a brief statement describing the substance of the testimony to
11
United States District Court
Northern District of California
9
be given.
(ii)
12
Estimate of Trial Time. An estimate of the number of hours
13
needed for the presentation of each party’s case, indicating
14
possible reductions in time through proposed stipulations,
15
agreed statements of facts, or expedited means of presenting
16
testimony and exhibits.
(iii) Use of Discovery Responses. Designate excerpts from
17
18
discovery that the parties intend to present at trial, other than
19
solely for impeachment or rebuttal, from depositions
20
specifying the witness page and line references, from
21
interrogatory answers, or from responses to requests for
22
admission.
23
24
(e)
Trial Alternatives and Options.
(i)
Settlement Discussion. A statement summarizing the status of
25
settlement negotiations and indicating whether further
26
negotiations are likely to be productive.
27
28
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
3
(ii)
1
Amendments, Dismissals. A statement of requested or
2
proposed amendments to pleadings or dismissals of parties,
3
claims or defenses.
(f)
4
Miscellaneous.
5
Any other subjects relevant to the trial of the action or material to
6
its just, speedy and inexpensive determination.
7
(2)
Serve and file trial briefs (not to exceed 25 pages), which shall specify each
8
cause of action and defense remaining to be tried along with a statement of
9
the applicable legal standard (no opposition shall be filed);
10
(3)
one document not to exceed 25 pages;
United States District Court
Northern District of California
11
12
Serve and file no more than ten motions in limine, which shall be filed in
(4)
Serve and file proposed voir dire questions, jury instructions, verdict forms
13
and excerpts from discovery that will be offered at trial (include a copy of
14
the deposition testimony or admission). The parties shall submit proposed
15
jury instructions jointly. If there are any instructions on which the parties
16
cannot agree, those instructions may be submitted separately. The parties
17
shall submit a jointly prepared proposed form of verdict, or, if the parties
18
cannot agree, their respective proposals;
19
(5)
each expert witness;
20
21
Serve and file an exhibit setting forth the qualifications and experience for
(6)
Serve and file a list of each party’s exhibits by number (plaintiff) or letter
22
(defendant), including a brief statement describing the substance and
23
purpose of each exhibit and the name of the sponsoring witness;
24
(7)
Exchange exhibits which shall be premarked with an exhibit sticker tabbed
25
and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall
26
use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties
27
shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3,
28
etc.); and
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
4
(8)
1
Deliver two sets of all premarked exhibits to chambers, tabbed and in
binders (exhibits are not to be filed).
2
No party shall be permitted to call any witness or offer any exhibit in its case in chief that
3
4
is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the
5
Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good
6
cause.
d.
7
By May 23, 2014, ten (10) days prior to the pretrial conference, after meeting and
conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and
9
file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any
10
objections to witnesses, including the qualifications of an expert witness; (3) any objection to
11
United States District Court
Northern District of California
8
proposed voir dire questions, jury instructions and verdict forms that the parties have been unable
12
in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The
13
parties shall not file separate objections, apart from those contained in the motions in limine, to
14
the opposing party's witness list, exhibit list or discovery designations.
e.
15
16
17
3.
All motions shall be heard at the pretrial conference unless otherwise ordered.
JURY TRIAL
a.
The attached voir dire questionnaire (or similar) shall be given or presented to the
18
venire members to be answered orally in Court. Counsel shall submit an agreed upon set of
19
additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel
20
cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire
21
after the Court's questioning.
22
b.
The following jury instructions from the Ninth Circuit Manual of Model Civil Jury
23
Instructions (available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given
24
absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed
25
upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not
26
submit duplicates of those listed above. Any instructions on which counsel cannot agree may be
27
submitted separately. Each requested instruction shall be typed in full on a separate page with
28
citations to the authority upon which it is based and a reference to the party submitting it. A
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
5
1
second blind copy of each instruction and verdict form shall also be submitted omitting the
2
citation to authority and the reference to the submitting party.
3
4.
4
instructions, motions in limine, forms of verdict, and trial briefs in standard Word format (.doc or
5
.docx, not .pdf format) to kawpo@cand.uscourts.gov.
In addition to electronic filing, Counsel shall email copies of all proposed jury
6
7
5.
SUMMARY OF DATES
Trial
June 16, 2014
9
Pretrial Conference
June 3, 2014
10
Objections
May 23, 2014
11
United States District Court
Northern District of California
8
Joint Pretrial Statement
May 16, 2014
12
Meet and Confer
May 6, 2014
13
14
1.
15
TRIAL DATE (Second Trial)
a.
Jury trial will begin on June 30, 2014 at 1:00 p.m. at the U.S. District Court, 1301
16
Clay Street, Oakland, California. For courtroom number and floor information, please check the
17
Court’s on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior to trial, or call
18
Susan Imbriani (Judge Westmore’s Courtroom Deputy) at (510) 637-3525.
19
b.
The length of the trial will be not more than 5 days. The Court may shorten the
20
allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side.
21
Given the Court’s criminal duty calendar, trial will begin each day at 1:00 p.m. and end at 5:00
22
p.m.
23
2.
24
PRETRIAL CONFERENCE
a.
A pretrial conference shall be held on June 17, 2014 at 3:00 p.m. Lead counsel
25
who will try the case (or the party if pro se) must attend. The timing of disclosures required
26
by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be governed by
27
this order.
28
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
6
1
2
b.
By May 20, 2014, thirty (30) days prior to the date of the pretrial conference, lead
counsel shall meet and confer regarding:
3
(1)
Preparation and content of the joint pretrial conference statement;
4
(2)
Preparation and exchange of pretrial materials to be served and lodged
pursuant to paragraph 5(c) below; and
5
(3)
6
7
8
9
c.
Settlement of the action.
By May 30, 2014, twenty (20) days prior to the pretrial conference, counsel
and/or parties shall:
(1)
Serve and file a joint pretrial statement that includes the pretrial disclosures
required by Federal Rule of Civil Procedure 26(a)(3) as well as the
11
United States District Court
Northern District of California
10
following supplemental information:
12
(a)
The Action.
(i)
13
Substance of the Action. A brief description of the substance
of claims and defenses which remain to be decided.
14
(ii)
15
Relief Prayed. A detailed statement of all the relief claims,
16
particularly itemizing all elements of damages claimed as well
17
as witnesses, documents or other evidentiary material to be
18
presented concerning the amount of those damages.
19
20
(b)
The Factual Basis of the Action.
(i)
Undisputed Facts. A plain and concise statement of all
21
relevant facts not reasonably disputable, as well as which facts
22
parties will stipulate for incorporation into the trial record
23
without the necessity of supporting testimony or exhibits.
24
25
26
(ii)
Disputed Factual Issues. A plain and concise statement of all
disputed factual issues which remain to be decided.
(iii) Agreed Statement. A statement assessing whether all or part
27
of the action may be presented upon an agreed statement of
28
facts.
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
7
(iv) Stipulations. A statement of stipulations requested or
1
proposed for pretrial or trial purposes.
2
3
(c)
Disputed Legal Issues.
4
Without extended legal argument, a concise statement of each
5
disputed point of law concerning liability or relief, citing supporting
6
statutes and decisions.
7
(d)
Trial Preparation.
(i)
8
Witnesses to Be Called. With regard to witnesses disclosed
pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A),
10
a brief statement describing the substance of the testimony to
11
United States District Court
Northern District of California
9
be given.
(ii)
12
Estimate of Trial Time. An estimate of the number of hours
13
needed for the presentation of each party’s case, indicating
14
possible reductions in time through proposed stipulations,
15
agreed statements of facts, or expedited means of presenting
16
testimony and exhibits.
(iii) Use of Discovery Responses. Designate excerpts from
17
18
discovery that the parties intend to present at trial, other than
19
solely for impeachment or rebuttal, from depositions
20
specifying the witness page and line references, from
21
interrogatory answers, or from responses to requests for
22
admission.
23
24
(e)
Trial Alternatives and Options.
(i)
Settlement Discussion. A statement summarizing the status of
25
settlement negotiations and indicating whether further
26
negotiations are likely to be productive.
27
28
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
8
(ii)
1
Amendments, Dismissals. A statement of requested or
2
proposed amendments to pleadings or dismissals of parties,
3
claims or defenses.
(f)
4
Miscellaneous.
5
Any other subjects relevant to the trial of the action or material to
6
its just, speedy and inexpensive determination.
7
(2)
Serve and file trial briefs (not to exceed 25 pages), which shall specify each
8
cause of action and defense remaining to be tried along with a statement of
9
the applicable legal standard (no opposition shall be filed);
10
(3)
one document not to exceed 25 pages;
United States District Court
Northern District of California
11
12
Serve and file no more than ten motions in limine, which shall be filed in
(4)
Serve and file proposed voir dire questions, jury instructions, verdict forms
13
and excerpts from discovery that will be offered at trial (include a copy of
14
the deposition testimony or admission). The parties shall submit proposed
15
jury instructions jointly. If there are any instructions on which the parties
16
cannot agree, those instructions may be submitted separately. The parties
17
shall submit a jointly prepared proposed form of verdict, or, if the parties
18
cannot agree, their respective proposals;
19
(5)
each expert witness;
20
21
Serve and file an exhibit setting forth the qualifications and experience for
(6)
Serve and file a list of each party’s exhibits by number (plaintiff) or letter
22
(defendant), including a brief statement describing the substance and
23
purpose of each exhibit and the name of the sponsoring witness;
24
(7)
Exchange exhibits which shall be premarked with an exhibit sticker tabbed
25
and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall
26
use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties
27
shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3,
28
etc.); and
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
9
(8)
1
Deliver two sets of all premarked exhibits to chambers, tabbed and in
binders (exhibits are not to be filed).
2
No party shall be permitted to call any witness or offer any exhibit in its case in chief that
3
4
is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the
5
Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good
6
cause.
d.
7
By June 9, 2014, ten (10) days prior to the pretrial conference, after meeting and
conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve and
9
file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any
10
objections to witnesses, including the qualifications of an expert witness; (3) any objection to
11
United States District Court
Northern District of California
8
proposed voir dire questions, jury instructions and verdict forms that the parties have been unable
12
in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The
13
parties shall not file separate objections, apart from those contained in the motions in limine, to
14
the opposing party's witness list, exhibit list or discovery designations.
e.
15
16
17
3.
All motions shall be heard at the pretrial conference unless otherwise ordered.
JURY TRIAL
a.
The attached voir dire questionnaire (or similar) shall be given or presented to the
18
venire members to be answered orally in Court. Counsel shall submit an agreed upon set of
19
additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel
20
cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire
21
after the Court's questioning.
22
b.
The following jury instructions from the Ninth Circuit Manual of Model Civil Jury
23
Instructions (available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given
24
absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed
25
upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not
26
submit duplicates of those listed above. Any instructions on which counsel cannot agree may be
27
submitted separately. Each requested instruction shall be typed in full on a separate page with
28
citations to the authority upon which it is based and a reference to the party submitting it. A
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
10
1
second blind copy of each instruction and verdict form shall also be submitted omitting the
2
citation to authority and the reference to the submitting party.
3
4.
4
instructions, motions in limine, forms of verdict, and trial briefs in standard Word format (.doc or
5
.docx, not .pdf format) to kawpo@cand.uscourts.gov.
In addition to electronic filing, Counsel shall email copies of all proposed jury
6
7
5.
SUMMARY OF DATES
Trial
June 30, 2014
9
Pretrial Conference
June 17, 2014
10
Objections
June 9, 2014
11
United States District Court
Northern District of California
8
Joint Pretrial Statement
May 30, 2014
12
Meet and Confer
May 20, 2014
13
14
1.
15
TRIAL DATE (Third Trial)
a.
Jury trial will begin on September 15, 2014 at 8:30 a.m. at the U.S. District
16
Court, 1301 Clay Street, Oakland, California. For courtroom number and floor information,
17
please check the Court’s on-line calendar at www.cand.uscourts.gov/judgeswkcal one week prior
18
to trial, or call Susan Imbriani (Judge Westmore’s Courtroom Deputy) at (510) 637-3525.
19
b.
The length of the trial will be not more than 5 days. The Court may shorten the
20
allotted time as it deems appropriate, and may also allocate a fixed number of hours for each side.
21
Court hours for trial normally are 8:30 a.m. to 1:30 p.m., subject to the Court’s availability.
22
2.
23
PRETRIAL CONFERENCE
a.
A pretrial conference shall be held on September 2, 2014 at 3:00 p.m. Lead
24
counsel who will try the case (or the party if pro se) must attend. The timing of disclosures
25
required by Federal Rule of Civil Procedure 26(a)(3) and other pretrial disclosures shall be
26
governed by this order.
27
28
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
11
1
2
b.
By August 5, 2014 thirty (30) days prior to the date of the pretrial conference,
lead counsel shall meet and confer regarding:
3
(1)
Preparation and content of the joint pretrial conference statement;
4
(2)
Preparation and exchange of pretrial materials to be served and lodged
pursuant to paragraph 5(c) below; and
5
(3)
6
7
8
9
c.
Settlement of the action.
By August 15, 2014, twenty (20) days prior to the pretrial conference, counsel
and/or parties shall:
(1)
Serve and file a joint pretrial statement that includes the pretrial disclosures
required by Federal Rule of Civil Procedure 26(a)(3) as well as the
11
United States District Court
Northern District of California
10
following supplemental information:
12
(a)
The Action.
(i)
13
Substance of the Action. A brief description of the substance
of claims and defenses which remain to be decided.
14
(ii)
15
Relief Prayed. A detailed statement of all the relief claims,
16
particularly itemizing all elements of damages claimed as well
17
as witnesses, documents or other evidentiary material to be
18
presented concerning the amount of those damages.
19
20
(b)
The Factual Basis of the Action.
(i)
Undisputed Facts. A plain and concise statement of all
21
relevant facts not reasonably disputable, as well as which facts
22
parties will stipulate for incorporation into the trial record
23
without the necessity of supporting testimony or exhibits.
24
25
26
(ii)
Disputed Factual Issues. A plain and concise statement of all
disputed factual issues which remain to be decided.
(iii) Agreed Statement. A statement assessing whether all or part
27
of the action may be presented upon an agreed statement of
28
facts.
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
12
(iv) Stipulations. A statement of stipulations requested or
1
proposed for pretrial or trial purposes.
2
3
(c)
Disputed Legal Issues.
4
Without extended legal argument, a concise statement of each
5
disputed point of law concerning liability or relief, citing supporting
6
statutes and decisions.
7
(d)
Trial Preparation.
(i)
8
Witnesses to Be Called. With regard to witnesses disclosed
pursuant to Federal Civil Rule of Civil Procedure 26(a)(3)(A),
10
a brief statement describing the substance of the testimony to
11
United States District Court
Northern District of California
9
be given.
(ii)
12
Estimate of Trial Time. An estimate of the number of hours
13
needed for the presentation of each party’s case, indicating
14
possible reductions in time through proposed stipulations,
15
agreed statements of facts, or expedited means of presenting
16
testimony and exhibits.
(iii) Use of Discovery Responses. Designate excerpts from
17
18
discovery that the parties intend to present at trial, other than
19
solely for impeachment or rebuttal, from depositions
20
specifying the witness page and line references, from
21
interrogatory answers, or from responses to requests for
22
admission.
23
24
(e)
Trial Alternatives and Options.
(i)
Settlement Discussion. A statement summarizing the status of
25
settlement negotiations and indicating whether further
26
negotiations are likely to be productive.
27
28
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
13
(ii)
1
Amendments, Dismissals. A statement of requested or
2
proposed amendments to pleadings or dismissals of parties,
3
claims or defenses.
(f)
4
Miscellaneous.
5
Any other subjects relevant to the trial of the action or material to
6
its just, speedy and inexpensive determination.
7
(2)
Serve and file trial briefs (not to exceed 25 pages), which shall specify each
8
cause of action and defense remaining to be tried along with a statement of
9
the applicable legal standard (no opposition shall be filed);
10
(3)
one document not to exceed 25 pages;
United States District Court
Northern District of California
11
12
Serve and file no more than ten motions in limine, which shall be filed in
(4)
Serve and file proposed voir dire questions, jury instructions, verdict forms
13
and excerpts from discovery that will be offered at trial (include a copy of
14
the deposition testimony or admission). The parties shall submit proposed
15
jury instructions jointly. If there are any instructions on which the parties
16
cannot agree, those instructions may be submitted separately. The parties
17
shall submit a jointly prepared proposed form of verdict, or, if the parties
18
cannot agree, their respective proposals;
19
(5)
each expert witness;
20
21
Serve and file an exhibit setting forth the qualifications and experience for
(6)
Serve and file a list of each party’s exhibits by number (plaintiff) or letter
22
(defendant), including a brief statement describing the substance and
23
purpose of each exhibit and the name of the sponsoring witness;
24
(7)
Exchange exhibits which shall be premarked with an exhibit sticker tabbed
25
and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and defendant shall
26
use numbers preceded by a letter (A-1, A-2, A-3, etc.). Additional parties
27
shall also use a letter preceding numbers (B-1, B-2, B-3, or C-1, C-2, C-3,
28
etc.); and
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
14
(8)
1
Deliver two sets of all premarked exhibits to chambers, tabbed and in
binders (exhibits are not to be filed).
2
No party shall be permitted to call any witness or offer any exhibit in its case in chief that
3
4
is not disclosed in its pretrial statement, exchanged with opposing counsel, and delivered to the
5
Court, twenty (20) days prior to the pretrial conference, without leave of the Court and for good
6
cause.
d.
7
By August 22, 2014, ten (10) days prior to the pretrial conference, after meeting
8
and conferring in a good faith attempt to resolve any objections, counsel and/or parties shall serve
9
and file: (1) any objections to exhibits or to use of deposition excerpts or other discovery; (2) any
objections to witnesses, including the qualifications of an expert witness; (3) any objection to
11
United States District Court
Northern District of California
10
proposed voir dire questions, jury instructions and verdict forms that the parties have been unable
12
in good faith to resolve; (4) any opposition to a motion in limine. No replies shall be filed. The
13
parties shall not file separate objections, apart from those contained in the motions in limine, to
14
the opposing party's witness list, exhibit list or discovery designations.
e.
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3.
All motions shall be heard at the pretrial conference unless otherwise ordered.
JURY TRIAL
a.
The attached voir dire questionnaire (or similar) shall be given or presented to the
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venire members to be answered orally in Court. Counsel shall submit an agreed upon set of
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additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel
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cannot agree may be submitted separately. Counsel shall be allowed brief follow-up voir dire
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after the Court's questioning.
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b.
The following jury instructions from the Ninth Circuit Manual of Model Civil Jury
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Instructions (available on the Ninth Circuit website at www.ce9.uscourts.gov) shall be given
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absent objection: 1.1-1.2, 1.6-1.14, 1.18, 2.11, 3.1-3.3. Counsel shall submit jointly an agreed
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upon set of case specific instructions, using the Ninth Circuit Manual where appropriate. Do not
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submit duplicates of those listed above. Any instructions on which counsel cannot agree may be
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submitted separately. Each requested instruction shall be typed in full on a separate page with
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citations to the authority upon which it is based and a reference to the party submitting it. A
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
15
1
second blind copy of each instruction and verdict form shall also be submitted omitting the
2
citation to authority and the reference to the submitting party.
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4.
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instructions, motions in limine, forms of verdict, and trial briefs in standard Word format (.doc or
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.docx, not .pdf format) to kawpo@cand.uscourts.gov.
In addition to electronic filing, Counsel shall email copies of all proposed jury
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5.
SUMMARY OF DATES
Trial
September 15, 2014
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Pretrial Conference
September 2, 2014
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Objections
August 22, 2014
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United States District Court
Northern District of California
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Joint Pretrial Statement
August 15, 2014
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Meet and Confer
August 5, 2014
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Dated: May 27, 2014
________________________
KANDIS A. WESTMORE
United States Magistrate Judge
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AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
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1
JUROR QUESTIONNAIRE
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Please fill out this form as completely as possible and print clearly. Since we want to make copies
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for the attorneys and the Court, do not write on the back of any page. If you need more room,
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continue at the bottom of the page. Thank you for your cooperation.
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1.
Your name:
________________________________________________
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2.
Your age: _____________
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3.
The city where you live: ___________________________________
How long have you lived there:______________________________
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4.
Your place of birth: ______________________________________
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United States District Court
Northern District of California
10
5.
Do you rent or own your own home? _________________________
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6.
Your marital status: (circle one)
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single
7.
married
live with partner
separated
divorced
widowed
What is your occupation, and how long have you worked in it? (If you are retired, please
15
describe your main occupation when you were working).
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_______________________________________________________________
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_______________________________________________________________
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8.
Who is (or was) your employer?
_______________________________________________________________
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9.
How long have you worked for this employer? ______________
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10.
Please list the occupations of any adults with whom you live.
_______________________________________________________________
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11.
If you have children, please list their ages and sex and, if they are employed, please give
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their occupations.
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_______________________________________________________________
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_______________________________________________________________
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_______________________________________________________________
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_______________________________________________________________
AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
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1
12.
Please describe your educational background:
2
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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13.
Have you ever served on a jury before? ________ How many times?________
If yes: State/County Court _______ Federal Court _______
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When? ____________________________________________________
11
United States District Court
Northern District of California
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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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14.
Have you ever served on a grand jury? ________
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If yes: State/County Court _______ Federal Court _______
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When? ____________________________________________________
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Was it a civil or criminal? _________________________
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15.
Have you ever served in the military? ________
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If yes: Country you served ________________
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Branch _________________________________
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Length of Service ________________________
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Last Rank ______________________________
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16.
Attached is a list of the parties in this case, the law firms representing the parties,
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attorneys in this case, and persons who are potential witnesses in this case. Do you know,
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or think you know, any of the persons listed?
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Yes:_____ No:_____
If so, make a checkmark next to their name.
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AMENDED CASE MANAGEMENT & PRETRIAL ORDER FOR JURY TRIAL
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