Abaxis, Inc. v. Cepheid

Filing 295

ORDER RE: JURY COSTS; ORDER TO RETRIEVE TRIAL MATERIALS. Signed by Judge Lucy H. Koh on 9/24/2012. (lhklc4, COURT STAFF) (Filed on 9/24/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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ABAXIS, INC.,
Plaintiff,
v.
CEPHEID,
Defendant.

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Case No.: 10-CV-2840-LHK
ORDER RE: JURY COSTS; ORDER TO
RETRIEVE TRIAL MATERIALS

At 9:44 a.m. on Monday, September 24, 2012, the parties filed a Stipulation of Dismissal

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with Prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). See Dkt. No. 294. Jury

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selection was set to begin that same day, September 24, 2012, at 1:30 p.m. The parties’ Stipulation

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of Dismissal was filed too late for the Court to dismiss the summoned potential jurors from

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appearing for jury duty. Accordingly, the Court will assess jury costs against the parties pursuant

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to Civil Local Rule 40-1. After the Court determines which potential jurors appear and the amount

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of jury costs, the Court will issue an Order notifying the parties. Any party wishing to contest the

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assessment may do so by filing a declaration showing cause why the costs should not be assessed.

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The Court will set the deadline for filing any declaration contesting the assessment of jury costs at

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one week from the filing of the Court’s forthcoming Order on the amount of jury costs.

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The Court ORDERS the parties to retrieve their jury binders, exhibit binders, and expert
declaration binders from Chambers on September 24, 2012, between 2:00 p.m. and 4:00 p.m.
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Case No.: 10-CV-2840-LHK
ORDER RE: JURY COSTS; ORDER TO RETRIEVE TRIAL MATERIALS

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IT IS SO ORDERED.

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Dated: September 24, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 10-CV-2840-LHK
ORDER RE: JURY COSTS; ORDER TO RETRIEVE TRIAL MATERIALS