Go Daddy Operating Company, LLC v. Ghaznavi et al

Filing 58

CASE MANAGEMENT AND PRETRIAL ORDER. Signed by Judge Phyllis J.Hamilton on 2/16/18. (fs, COURT STAFF) (Filed on 2/16/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GO DADDY OPERATING COMPANY,
LLC,

Case No. 17-cv-06545-PJH

Plaintiff,
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CASE MANAGEMENT
AND PRETRIAL ORDER

v.
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USMAN GHAZNAVI, et al.,

United States District Court
Northern District of California

Defendants.
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Good cause appearing, the court hereby adopts the case management statement
of the parties except as modified by the following:

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PRETRIAL SCHEDULE
TRIAL DATE: 7/8/19, at 8:30 a.m., Courtroom 3, 3rd Fl., 1301 Clay Street, Oakland,
California.
JURY [X]
TRIAL LENGTH: No more than 5-7 days.
PRETRIAL CONFERENCE DATE: Thursday, 6/13/2019 , at 2:00 P.M..
DISPOSITIVE MOTIONS (Only one summary judgment motion per party is permitted
without leave of court) TO BE HEARD BY: 3/6/19 .
NON-EXPERT DISCOVERY CUTOFF: 10/19/18 .
DISCLOSURE OF EXPERTS (retained and non-retained): 11/16/18
REBUTTAL: 12/7/18 .
EXPERT DISCOVERY CUTOFF: 1/4/19 .

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DISCOVERY DISPUTES: The parties, after meeting and conferring, shall file a joint
letter brief of no more than 5 pages with no more than 12 pages of attachments,
explaining the dispute. Thereafter, the matter will be referred to a Magistrate Judge who
will advise the parties on how that judge intends to proceed to resolve the dispute.

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LAST DAY TO AMEND PLEADINGS: no later than 90 days before fact discovery cutoff
date a motion or a stipulation must be filed so sufficient time remains to conduct
discovery on added claims or parties. Doe defendants must be identified by this
deadline or they will be dismissed.

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[X] SETTLEMENT CONFERENCE with Magistrate Judge during July or August, 2018 , or

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as soon thereafter as is convenient for the assigned judge.

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PRETRIAL INSTRUCTIONS

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United States District Court
Northern District of California

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A. PRETRIAL MOTIONS
1. All dispositive motions are heard no later than 120 days before trial, unless
leave of court is obtained for another deadline.
2. Only one summary judgment motion may be filed by each side, absent leave of

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court. Leave of court may be sought if multiple parties comprise one or both sides.

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Leave of court may be obtained by filing a motion for administrative relief pursuant

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to Civ. L. R. 7-11, or by requesting a case management conference or informal

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telephone conference.

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3. Separate statements of undisputed facts in support of or in opposition to motions

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for summary judgment shall NOT be filed. See Civil L. R. 56-2. The parties may

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file a truly joint statement of undisputed facts only if all parties agree that the facts

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are undisputed.

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4. Objections to evidence may no longer be filed separately but must be contained
within a brief or memorandum. Civil L. R. 7-3.
5. Each party filing or opposing a motion shall also serve and file a proposed order

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which sets forth the relief or action sought and a short statement of the rationale of

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decision, including citation of authority that the party requests the court to adopt.

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6. Chambers copies of each electronically-filed document must include on each
page the running header created by the ECF system and must be delivered to the
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Clerk's Office by noon the day following its filing. All documents must be stapled

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or bound by a two-pronged fastener, and all exhibits to declarations or requests for

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judicial notice must be tabbed.

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7. Footnotes in briefs appearing in smaller than the 12-point font required for the

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text, will be stricken, see Civil L. R. 3-4(c)(2), as will footnotes that are so

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numerous as to be clearly designed to defeat the page limits found at Civil L. R. 7-

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2 - 7-4. Any brief must separate sentences by 2 spaces after each sentence.
8. Motions pursuant to Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579

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(1993), challenging the reliability of expert testimony, may be noticed for hearing

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on the date dispositive motions will be heard or on any available hearing date up

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United States District Court
Northern District of California

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to and including the date of the final pretrial conference. Irrespective of the

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hearing date, the briefs shall be filed in accordance with Civil L. R. 7-2 - 7-5, that

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is, on a 35-day briefing schedule.

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9. Motions in limine are limited to motions to exclude specific items of evidence on

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a ground and upon such authority as would be sufficient to sustain an objection to

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such evidence at trial. The court will not generally consider a motion presenting a

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purely legal issue in the guise of a motion in limine.

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10. Discovery motions will be referred to a Magistrate Judge for resolution. The words

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"Discovery Matter" shall appear in the caption of all documents relating to

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discovery to insure proper routing.

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11. Confidential and/or sealed documents shall be handled in accordance with this

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court's standing order and Civil L.R. 79-5, both of which the parties shall consult

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before moving for a protective order or requesting a sealing order. Requests to

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seal documents used in conjunction with dispositive motions are rarely granted

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and then only upon a showing of the most compelling of reasons.

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B. FINAL PRETRIAL CONFERENCE
1. Each party shall attend personally or by counsel who will try the case.

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2. Not less than 35 days prior to the pretrial conference, all counsel and/or parties

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shall meet and confer regarding preparation of the joint pretrial statement.

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3. Not less than 28 days prior to the pretrial conference, counsel and/or parties

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shall:

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a. Serve and file a joint pretrial statement. (Separately filed statements will not be

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accepted by the court and monetary sanctions will be imposed upon the party

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failing to cooperate in the preparation of a joint statement).

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The pretrial statement shall include the following:

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i.

remain to be decided.

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United States District Court
Northern District of California

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ii.

A detailed statement of all relief sought, itemizing all elements of
damages claimed.

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A brief description of the substance of the claims and defenses which

iii.

A statement of all relevant undisputed facts to which the parties will

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stipulate for incorporation into the trial record without the necessity of

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supporting testimony or exhibits.

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iv.

A statement of all relevant disputed facts which remain to be decided.

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v.

A statement of stipulations requested or proposed.

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vi.

A brief statement of disputed points of law concerning liability and relief.
Legal argument on these points shall be reserved for the trial briefs.

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vii.

feasible and desired.

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A statement of whether bifurcation or a separate trial of specific issues is

viii.

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

b. Serve and file trial briefs (not to exceed 25 pages), which shall specify each

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cause of action and defense remaining to be tried along with a statement of the

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applicable legal standard (no opposition shall be filed);

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c. Serve and file no more than ten motions in limine, which shall be filed in one
document not to exceed 25 pages;
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d. Serve and file a list of deposition excerpts for witnesses who will not testify in

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person, (specifying the witness, page and line references) and other discovery

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responses that will be offered at trial;

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e. Serve and file a list of all witnesses to be called at trial, in person or by

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deposition, other than solely for impeachment or rebuttal, with a brief statement

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describing the substance of the testimony to be given;

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f. Serve and file a numerical list of exhibits that will be offered as evidence in a

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party's case in chief in support of a claim or defense, with a brief statement

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describing the substance and purpose of each exhibit and the name of the
sponsoring witness;

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United States District Court
Northern District of California

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g. Exchange exhibits which shall be premarked with an exhibit sticker (example

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attached), tabbed and in binders. Plaintiff shall use numbers (1, 2, 3, etc.) and

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defendant shall use numbers preceded by a letter (A-1, A-2, A-3, etc.).

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Additional parties shall also use a letter preceding numbers (B-1, B-2, B-3, or

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C-1, C-2, C-3, etc.).

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h. Submit two sets for jury trials and three sets for court trials of all premarked
exhibits to the Clerk's Office (exhibits are not filed);

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i. Serve and file any request regarding the treatment of confidential or sealed
documents.

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j. Serve and file proposed joint voir dire questions and joint jury instructions for
cases to be tried by jury;

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k. Serve and file proposed findings of fact and conclusions of law for cases or
claims to be tried by the court.

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l.

Serve and file a proposed verdict form which contains no reference to
submitting party.

4. No party shall be permitted to call any witness or offer any exhibit in its case in

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chief that is not disclosed in these pretrial filings without leave of court and for

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good cause.
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5. Not less than 14 days prior to the pretrial conference, counsel and/or parties shall

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serve and file any opposition to a motion in limine and any counter deposition

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designations. No replies shall be filed. All motions shall be heard at the pretrial

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conference unless otherwise ordered. The parties shall not file separate

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objections, apart from those contained in the motions in limine, to the opposing

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party's witness list, exhibit list or discovery designations. A courtesy copy of any

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opposition brief must be delivered to the Clerk's Office no later than noon

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the day following the filing.

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C. JURY TRIAL
Jury Selection shall proceed as follows: The Jury Commissioner will summon 20

United States District Court
Northern District of California

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to 25 prospective jurors. The Courtroom Deputy will select their names at random and

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seat them in the courtroom in the order in which their names are called. Voir dire will be

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conducted of sufficient venire members so that six to eight will remain after all

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peremptory 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 claims at side bar.

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The court will inform counsel which hardship claims and cause challenges will be

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granted, but will not announce those dismissals until the selection process is completed.

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Peremptory challenges will be made in writing. The court will strike at one time those

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with meritorious hardship claims, those excused for cause, and those challenged

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peremptorily, and then seat the first six to eight people remaining in numerical order.

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The attached voir dire questionnaire shall be given to the venire members and

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copies of the responses will be made available to counsel at the beginning of voir dire.

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Counsel shall submit a joint set of additional voir dire questions to be posed by the court.

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Any voir dire questions on which counsel cannot agree may be submitted separately.

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Counsel will be permitted brief follow-up voir dire after the court's questioning.

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The following jury instructions from the Ninth Circuit Manual of Model Jury
Instructions Civil (2017 Edition) shall be given absent objection: 1.3 - 1.7, 1.9 - 1.18, 1.20
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- 1.21, 3.1 - 3.3, and 3.5. Counsel shall submit a joint set of these instructions along

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with case specific instructions using the Ninth Circuit Manual where appropriate. Any

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instructions on which counsel cannot agree may be submitted separately. Each

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instruction shall be typed in full on a separate page with citations to the authority upon

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which it is based and a reference to the party submitting it. A second blind copy of each

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instruction shall also be submitted omitting the citation to authority and the reference to

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the submitting party, but retaining the title of the instruction. An electronic version of the

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proposed instructions in Microsoft Word format (.doc or .docx) must be emailed to the

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court’s proposed order mailbox: [e-mail].

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United States District Court
Northern District of California

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D. TRIAL SCHEDULE
The court's trial schedule is 8:30 a.m. to 1:30 p.m. with two fifteen-minute breaks,

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on Monday, Tuesday, Thursday and Friday.

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E. PROCEDURE FOR AMENDING THIS ORDER

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No provision of this order may be changed except by written order of this court

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upon its own motion or upon motion of one or more parties made pursuant to Civil. L. R.

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7-11 with a showing of good cause. Parties may file a formal brief, but a letter brief will

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suffice. The requesting party shall serve the opposing party on the same day the motion

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is filed and the opposing party shall submit a response as soon as possible but no later

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than four days after service.

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If the modification sought is an extension of a deadline contained herein, the

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motion must be brought before expiration of that deadline. The parties may not modify

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the pretrial schedule by stipulation. A conflict with a court date set after the date of

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this order does not constitute good cause. The parties are advised that if they stipulate to

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a change in the discovery schedule, they do so at their own risk. The only discovery

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schedule that the court will enforce is the one set in this order.

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IT IS SO ORDERED.
Dated: February 16, 2018

__________________________________
PHYLLIS J. HAMILTON
United States District Judge
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CONFIDENTIAL
JUROR QUESTIONNAIRE

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Please fill out this form as completely as possible and print clearly. This will assist the
judge and the lawyers in selecting a jury and will save time for them and for you.

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Because copies will be made for the attorneys and the judge, do not write on the back of

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any page. If you need more room, continue at the bottom of the page. Thank you for

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your cooperation.

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1.

Your name:

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2.

Your age:

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3.

City in which you reside:

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United States District Court
Northern District of California

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4.

If you have lived there for fewer than five years, where did you live before:

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Your place of birth:

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Do you own or rent your home? [ ] own

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[ ] rent

7. Your marital status:
[ ] Single

[ ] Married

[ ] Separated

[ ] Divorced

[ ] Widowed

[ ] Live with
Partner

8.

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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Who is (or was) your employer?

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If you have held this job for fewer than five years, describe your previous job:

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

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12.

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

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13.

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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United States District Court
Northern District of California

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Major areas of study:

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14.

Have you served in the military?

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Have you ever had jury experience?

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If yes:

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When?

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Was it a civil or criminal case?

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No. of times?

Did any of the juries reach a verdict?

State/County Court

Federal Court

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
Case #:
Plntf Exhibit
No
Date
Admitted:

Case #:
Plntf Exhibit
No
Date
Admitted:

By:

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
Case #:
Plntf Exhibit
No
Date
Admitted:

United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
Case #:
Plntf Exhibit
No
Date
Admitted:

By:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Case #:
Deft Exhibit
No
Date
Admitted:

By:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Case #:
Deft Exhibit
No
Date
Admitted:

By:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Kelly Collins, Deputy Clerk
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
Case #:
Deft Exhibit
No
Date
Admitted:

By:
Kelly Collins, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Kelly Collins, Deputy Clerk

Case #:
Deft Exhibit
No
Date
Admitted:

By:

Kelly Collins, Deputy Clerk

Case #:
Deft Exhibit
No
Date
Admitted:

By:
Kelly Collins, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Kelly Collins, Deputy Clerk

Case #:
Deft Exhibit
No
Date
Admitted:

By:

Kelly Collins, Deputy Clerk

Case #:
Plntf Exhibit
No
Date
Admitted:

By:
Kelly Collins, Deputy Clerk

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

Kelly Collins, Deputy Clerk

Case #:
Plntf Exhibit
No
Date
Admitted:

By:

Kelly Collins, Deputy Clerk

Case #:
Plntf Exhibit
No
Date
Admitted:

By:
Kelly Collins, Deputy Clerk

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By:
Kelly Collins, Deputy Clerk

Case #:
Plntf Exhibit
No
Date
Admitted:

By:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA
Case #:
Plntf Exhibit
No
Date
Admitted:

By:
Kelly Collins, Deputy Clerk

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF
CALIFORNIA

By:
Kelly Collins, Deputy Clerk

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Kelly Collins, Deputy Clerk