State Farm Life Insurance Company v. Cai et al

Filing 217

FINAL PRETRIAL CONFERENCE ORDER. Signed by Judge Lucy H. Koh on September 18, 2014. (lhklc1, COURT STAFF) (Filed on 9/18/2014)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

United States District Court
For the Northern District of California

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)
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)
)
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v.
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JASON CAI and THE ESTATE OF YING
)
DENG, Deceased,
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Defendants.
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CINDY PRESS, as Special Administrator of the )
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Estate of Ying Deng,
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Cross-Claimant,
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v.
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JASON CAI,
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Cross-Defendant.
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STATE FARM LIFE INSURANCE
COMPANY,
Plaintiff,

Case No.: 09-CV-00396-LHK
FINAL PRETRIAL CONFERENCE
ORDER

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The Court held a final pretrial conference on September 18, 2014, and issued the following
rulings:

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The Court finds that the Estate’s proposed language for Preliminary Jury Instruction No. 14
is appropriate and adopts that language. The Court will file the final Preliminary Jury Instructions
shortly.
The Court finds Grace Shum’s prior testimony from the criminal trial is admissible. Crossdefendant Cai shall file a proffer detailing which pages and lines of the transcript he seeks to admit

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Case No.: 09-CV-0396-LHK
FINAL PRETRIAL CONFERENCE ORDER

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by noon on September 24, 2014. Cross-claimant Press shall file any response by noon on
September 25, 2014.
The Court finds Shen Hui Di’s prior testimony from the criminal trial is admissible. Crossclaimant is strongly urged, however, to make all reasonable efforts to secure Ms. Shen’s live
testimony via video. Cross-claimant shall file a proffer detailing which pages and lines of the
transcript she seeks to admit by 4 p.m. on September 19, 2014. Cross-defendant shall file any
response by 11 a.m. on September 22, 2014.
Cross-defendant shall file a proffer for Mr. Cai detailing his likely testimony by September
19, 2014. Cross-Claimant shall file any response by 11 a.m. on September 24, 2014.

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United States District Court
For the Northern District of California

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The parties shall file revised exhibit lists and witness lists reflecting the Court’s previous
orders and any parties’ changes by September 19, 2014.
The parties shall file a status update on whether the parties have stipulated to the State Farm
Custodian of Records’ testimony by 3 p.m. on September 19, 2014.
The parties stipulated to excluding any reference to Kevin Schwarckopf’s lien and
restitution order against Mr. Cai.
The parties agreed that the action will remain captioned State Farm v. Cai.

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The parties agreed to the Court’s proposed voir dire, including the case summary.

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The parties had no objections or proposed amendments to the Court’s proposed list of
parties, lawyers, law firms, and potential witnesses for the jurors. The Court will file the final list
shortly.

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The parties agreed that the sealed and signed coroner’s report was properly authenticated
and therefore admissible.
The parties agreed that the certified copies of the information and abstract of judgment in
People v. Cai, CC801427 were properly authenticated and therefore admissible.

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IT IS SO ORDERED.

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Dated: September 18, 2014

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Case No.: 09-CV-0396-LHK
FINAL PRETRIAL CONFERENCE ORDER

_________________________________
LUCY H. KOH
United States District Judge