Zions Bancorporation v. U.S. Ethernet Innovations LLC

Filing 159

CASE MANAGEMENT ORDER. Reset Deadlines as to (685 in 4:10-cv-03724-CW) MOTION for Leave to File Third Party Complaint. Case Management Statement due by 5/30/2013. Motions due by 3/14/2013. Responses due by 3/28/2013. Replies due by 4/ 4/2013. Motion Hearing set for 4/18/2013 02:00 PM before Hon. Claudia Wilken. Further Case Management Conference / Motion Hearing set for 6/6/2013 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 2/19/2013. (Attachments: # 1 Standing Order for Pretrial Preparation)(ndr, COURT STAFF) (Filed on 2/19/2013)

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ORDER FOR PRETRIAL PREPARATION
PRETRIAL CONFERENCE
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Not less than 28 days prior to the pretrial conference,

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counsel shall exchange (but not file or lodge) the papers

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described in Civil L.R. 16-10(b)(7),(8),(9), and (10), and their

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motions in limine.

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2.

At least 21 days before the final pretrial conference,

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lead counsel who will try the case shall meet and confer with

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respect to:

United States District Court
For the Northern District of California

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(a)

Preparation and content of the joint pretrial

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conference statement;

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(b)
Resolution of any differences between the
parties regarding the preparation and content of the joint
pretrial conference statement and the preparation and
exchange of pretrial materials to be served and lodged
pursuant to this Order for Pretrial Preparation. To the
extent such differences are not resolved, the parties will
present the issues in the pretrial conference statement so
that the judge may rule on the matter during the pretrial
conference; and

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(c)
3.

Settlement of the action.

Not less than 14 days prior to the pretrial

conference, counsel shall submit the following.
(a)

Pretrial Conference Statement.

The parties shall

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file a joint pretrial conference statement containing the

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following information:

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(1)

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The Action.

(A) Substance of the Action. A brief description of
the substance of claims and defenses which remain to be
decided.
(B) Relief Prayed. A detailed statement of all the
relief claimed, particularly itemizing all elements of
damages claimed.
(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.

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(B) Disputed Factual Issues. A plain and concise
statement of all disputed factual issues which remain to be
decided.

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(C) Agreed Statement. A statement assessing whether
all or part of the action may be presented upon an agreed
statement of facts.

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United States District Court
For the Northern District of California

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(D) Stipulations. A statement of stipulations
requested or proposed for pretrial or trial purposes.
(3)

Disputed Legal Issues.

Without extended legal

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

Further Discovery or Motions.

A statement of all

remaining discovery or motions.
(5)

Trial Alternatives and Options.

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

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the trial of the action, or material to its just, speedy
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and inexpensive determination.
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(b)

Exhibit List and Objections.

The exhibit list

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shall list each proposed exhibit by its number (see Civil L.R.
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30-2(b)), description, and sponsoring witness, followed by
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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

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evidence.

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its case-in-chief that is not disclosed in its exhibit list

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without leave of the Court for good cause shown.

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also deliver a set of premarked exhibits to the Courtroom

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Deputy.

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number of the case, the number of the exhibit, and blanks to

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accommodate the date admitted and the Deputy Clerk's initials.

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(Appropriate sample forms are available on the Court’s website

No party shall be permitted to offer any exhibit in

Parties shall

The exhibit markers shall each contain the name and

United States District Court
For the Northern District of California

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at www.cand.uscourts.gov).

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remain after the pretrial meeting shall be indicated in the

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pretrial statement.

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(c)

Any objections to exhibits which

Witness List.

In addition to the requirements of

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FRCivP 26(a)(3)(A), a brief statement describing the substance

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of the testimony to be given by each witness who may be called

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at trial.

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its case-in-chief who is not disclosed in its pretrial statement

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without leave of Court for good cause shown.

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No party shall be permitted to call any witness in

(d)

Use of Discovery Responses.

In addition to the

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requirements of FRCivP 26(a)(3)(B), a designation of any

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excerpts from interrogatory answers or from responses for

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admissions intended to be offered at trial.

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indicate any objections to use of these materials and that

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counsel have conferred respecting such objections.

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(e)

Trial briefs.

Counsel shall

Briefs on all significant disputed

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issues of law, including foreseeable procedural and evidentiary

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issues, which remain after the pretrial meeting.

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(f)

Motions in Limine.

Any motions in limine that

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could not be settled at the pretrial meeting shall be filed with

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the pretrial statement.

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contained within one document, limited to 25 pages pursuant to

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Civil L.R. 7-2(b), with each motion listed as a subheading.

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Opposition to the motions in limine shall be contained within

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one document, limited to 25 pages, with corresponding

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subheadings, and filed seven (7) days thereafter.

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(g)

All motions in limine shall be

Joint Proposed Voir Dire.

The attached voir dire

United States District Court
For the Northern District of California

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

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the responses will be made available to counsel at the beginning

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of voir dire.

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voir dire, to be included in the questionnaire or posed by the

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Court, to which they have agreed at the pretrial meeting.

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voir dire questions on which counsel cannot agree shall be

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submitted separately.

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voir dire after the Court's questioning.

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(h)

Counsel may submit a set of additional requested

Any

Counsel may be allowed brief follow-up

Joint Proposed Jury Instructions.

As applicable,

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

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through §2.13, §3.1 through §3.3 from the Manual of Model Civil

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Jury Instructions for the Ninth Circuit (most recent edition)

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will be given absent objection.

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one set of additional proposed jury instructions, to which they

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have agreed at the pretrial meeting.

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ordered in a logical sequence, together with a table of

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contents.

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be marked as "disputed," and shall be included within the

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Counsel shall jointly submit

The instructions shall be

Any instruction on which counsel cannot agree shall

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jointly submitted instructions and accompanying table of

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contents, in the place where the party proposing the instruction

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believes it should be given.

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against each disputed instruction shall be included as part of

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the joint submission, on separate pages directly following the

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disputed instruction.

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Argument and authority for and

The parties shall email to [e-mail] a copy of

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their proposed jury instructions in WordPerfect or Word format.

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The subject of the email should include the name of the parties,

United States District Court
For the Northern District of California

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the case number and a description of the document.

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(i)

Proposed Verdict Forms, Joint or Separate.

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(j)

Proposed Findings of Fact and Conclusions of Law

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(Court Trial only).

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

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and conclusions of law in WordPerfect or Word format.

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subject of the email should include the name of the parties, the

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case number and a description of the document.

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JURY SELECTION

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The parties shall email to

The

The Jury Commissioner will summon 20 to 25 prospective

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jurors.

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and seat them in the courtroom in the order in which their names

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are called.

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counsel.

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The Courtroom Deputy will select their names at random

Copies of their questionnaires will be provided to

Voir dire will be asked of sufficient venire persons so

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

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peremptory challenges and an anticipated number of hardship

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dismissals and cause challenges have been made.

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The Court will then take cause challenges, and discuss

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hardship claims from the individual jurors, outside the presence

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of the venire.

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hardship claims and cause challenges will be granted, but will

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not announce those dismissals until the process is completed.

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Each side may then list in writing up to three peremptory

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challenges.

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then submit them to the Courtroom Deputy.

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The Court will inform the attorneys which

The attorneys will review each other's lists and

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

United States District Court
For the Northern District of California

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will strike the persons with meritorious hardships, those

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excused for cause, and those challenged peremptorily, and call

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the first eight people in numerical sequence remaining.

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people will be the jury.

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Those

All jurors remaining at the close of the case will

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deliberate.

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SANCTIONS

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There are no alternates.

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

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Dated: ______________________

______________________________
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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The city where you live: __________________________________

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How long have you lived there:______________________________
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4.

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)

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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7.
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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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Who is (or was) your employer?

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_______________________________________________________________
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How long have you worked for this employer? ______________

10.

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

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_______________________________________________________________

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11.
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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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_______________________________________________________________
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12.

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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13.

Have you ever served on a jury before? ________

How many

United States District Court
For the Northern District of California

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times?________
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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 case? _________________________
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Did the jury(ies) reach a verdict? _______________________
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14.

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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think you know, any of the persons listed?
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Yes:_____

No:_____

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If so, make a check next to their name.
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Do you know, or