Boulware v. Dunstan

Filing 21

ORDER SETTING TRIAL DATE. Jury Selection set for 1/9/2012 08:30 AM before Hon. Claudia Wilken. Jury Trial (3 day) set for 1/9/2012 08:30 AM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 8/15/2011. (ndr, COURT STAFF) (Filed on 8/15/2011)

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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 09-02792 CW

RUBEN ODELL BOULWARE,

ORDER SETTING TRIAL
DATE

Plaintiff,
v.
D. M. DUNSTAN,
Defendant.
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United States District Court
For the Northern District of California

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IT IS ORDERED that a jury trial will be held on Monday,

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January 9, 2012, at 8:30 a.m. in Courtroom 2, Fourth Floor, 1301

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Clay Street, Oakland, CA.

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shall comply with the attached Order for Pretrial Preparation.

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pretrial conference will be held; the Court will decide the

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pretrial matters on the papers.

Plaintiff and counsel for the Defendant
No

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Dated: 8/15/2011
CLAUDIA WILKEN
United States District Judge

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ORDER FOR PRETRIAL PREPARATION
(Pro Se Prisoner Cases)

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PRETRIAL CONFERENCE
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Not less than 28 days prior to the pretrial conference, each
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party shall file the pretrial conference statement required by Civil
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L.R. 16-10(b)(6). The pretrial conference statement shall contain the
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following information:
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(1)

The Action.

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(A) Substance of the Action. A brief description of the
substance of claims and defenses which remain to be decided.

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United States District Court
For the Northern District of California

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(B) Relief Prayed. A detailed statement of all the relief
claimed, particularly itemizing all elements of damages claimed.

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(2)

The Factual Basis of the Action.

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(A) Undisputed Facts. A plain and concise statement of
all relevant facts not reasonably disputed.
(B)
Disputed Factual Issues.
A plain and concise
statement of all disputed factual issues which remain to be
decided.
(C) Agreed Statement. A statement assessing whether all
or part of the action may be presented upon an agreed statement
of facts.
(D) Stipulations. A statement of stipulations requested
or proposed for pretrial or trial purposes.

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(3)

Disputed Legal Issues.

Without extended legal argument,

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a concise statement of each disputed point of law concerning
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liability or relief.
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(4)

Further Discovery or Motions.

A statement of all remaining

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discovery or motions.
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(5)

Trial Alternatives and Options.

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(A) Settlement Discussions. A statement summarizing the
status of settlement negotiations and indicating whether further
negotiations are likely to be productive.

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(B)
Consent to Trial Before a Magistrate Judge.
A
statement whether the parties consent to a court or jury trial
before a magistrate judge, with appeal directly to the Ninth
Circuit.

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

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(6)

Miscellaneous.

Any other subjects relevant to the trial of

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the action, or material to its just, speedy and inexpensive
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determination.
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In addition, each party shall submit the following:
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a.

Exhibit List and Objections.

The exhibit list required

United States District Court
For the Northern District of California

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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
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for good cause shown.

Parties shall also deliver a set of premarked

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exhibits to the Courtroom Deputy.

The exhibit markers shall each

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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.

Appropriate

sample

forms

are

attached

and

are

also

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

Witness List.

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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Each party must arrange to subpoena and produce the witnesses they
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wish to call.
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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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d. Trial briefs. Briefs on all significant disputed issues

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of
of

Federal
any

Rule

excerpts

of

Civil

from

In addition to the

Procedure

interrogatory

26(a)(3)(B),
answers

or

a

from

of law, including foreseeable procedural and evidentiary issues.

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Use of Discovery Responses.

e. Motions in Limine. Any motions in limine shall be filed
with the pretrial conference statement.

All motions in limine shall

United States District Court
For the Northern District of California

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be contained within one document, limited to 25 pages pursuant to

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Civil

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Opposition to the motions in limine shall be contained within one

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document, limited to 25 pages, with corresponding subheadings, and

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filed fourteen (14) days thereafter.

L.R.

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7-2(b),

f.

with

Proposed

each

Voir

motion

Dire.

listed

The

as

a

attached

subheading.

voir

dire

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questionnaire will be given to the venire members, and copies of the

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responses will be made available to parties at the beginning of voir

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dire.

Each party may submit a set of additional requested voir dire.

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g.

Joint Proposed Jury Instructions.

As applicable, jury

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instructions §1.1A, §1.1C, §1.2 through §1.17, §1.19, §2.1 through

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§2.13,

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Instructions for the Ninth Circuit (2007 Edition) will be given absent

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objection.

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jury instructions.

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sequence, together with a table of contents.

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instruction shall be included as part of the submission.

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§3.1

through

§3.3

from

the

Manual

of

Model

Civil

Jury

Parties shall each submit one set of additional proposed
The instructions shall be ordered in a logical
Authority for each

If possible, the parties shall email to [e-mail]
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a copy of their proposed jury instructions in WordPerfect or Word

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format.

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parties, the case number and a description of the document.

The subject of the email should include the name of the

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h.

Proposed Verdict Forms.

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i.

Proposed Findings of Fact and Conclusions of Law (Court

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Trial

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[e-mail] a copy of their proposed findings of fact and

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conclusions of law in WordPerfect or Word format.

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email should include the name of the parties, the case number and a

only).

If

possible,

United States District Court
For the Northern District of California

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parties

shall

email

to

The subject of the

description of the document.

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the

JURY SELECTION

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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.

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up to three peremptory challenges.

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

Each party may then list in writing
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.

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There are no alternates.

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SANCTIONS

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Failure to comply with this Order is cause for sanctions under
Federal Rule of Civil Procedure 16(f).

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United States District Court
For the Northern District of California

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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: ________________________________________________

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Your age: _________________________________________________

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Your place of birth: ______________________________________

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Do you rent or own your own home? _________________________

5.

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

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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Case Number: CV09-02792 CW

RUBEN ODELL BOULWARE,
Plaintiff,

CERTIFICATE OF SERVICE

v.
D M DUNSTAN et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court,
Northern District of California.
That on August 15, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located
in the Clerk's office.

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Ruben Odell Boulware
5558 Dairy Avenue
Long Beach, CA 90805
Dated: August 15, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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