InCorp Services, Inc v. Does 1-10, inclusive

Filing 83

PRETRIAL ORDER (JURY TRIAL). Accordingly, the 2/8/2013 Preliminary Pretrial Conference is VACATED and the parties are ordered to comply with the following schedule: The parties shall meet and confer in order to reach anagreement on an ADR process alt ernative to private mediation within 10 days of the issuance of this order. Within that same timeframe, the parties shall either (1) file the form entitled "Stipulation and (Proposed) Order Selecting ADR Process if an agreement is reached, or (2 ) file the form entitledNotice of Need for ADR Phone Conference." All previously-imposed deadlines shall remain as currently set. Please note footnote. Defendant may file an administrative motion for leave to take the late deposition of Douglas Ansell upon sufficient proof that Defendant has located Mr. Ansell. Joint Final Pretrial Conference Statement, Motions in Limine and Exchange of Exhibits due by 5/10/2013. Voir Dire Questions, Proposed Jury Instructions, andProposed Jury Verdict For ms due 5/14/2013. Jury Selection set for 6/3/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Jury Trial set for 6/4/2013, 6/5/2013, 6/6/2013, 6/7/2013, 6/10/201 before Hon. Edward J. Davila. Jury Deliberations set for 6/11/2013, 6/12/2013 before Hon. Edward J. Davila. Please see Order for further specifics. Signed by Judge Edward J. Davila on 2/6/2013. (ecg, COURT STAFF) (Filed on 2/6/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
CASE NO. 5:11-cv-04660 EJD

INCORP SERVICES, INC.

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PRETRIAL ORDER
(JURY TRIAL)

Plaintiff(s),
For the Northern District of California

United States District Court

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v.
INCSMART.BIZ, INC.,

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Defendant(s).
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/

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The above-entitled action is scheduled for a Preliminary Pretrial Conference on February 8,

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2013. Based on the parties’ Joint Preliminary Pretrial Conference Statement (see Docket Item No.

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81), the court has determined an appearance is unnecessary at this time. Accordingly, the

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Preliminary Pretrial Conference is VACATED and the parties are ordered to comply with the

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following schedule.

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IT IS HEREBY ORDERED that the parties shall meet and confer in order to reach an

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agreement on an ADR process alternative to private mediation within 10 days of the issuance of this

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order. Within that same timeframe, the parties shall either (1) file the form entitled “Stipulation and

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(Proposed) Order Selecting ADR Process” if an agreement is reached, or (2) file the form entitled

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“Notice of Need for ADR Phone Conference.”

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IT IS FURTHER ORDERED that all previously-imposed deadlines shall remain as currently

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CASE NO. 5:11-cv-04660 EJD
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set.1 Defendant may file an administrative motion for leave to take the late deposition of Douglas

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Ansell upon sufficient proof that Defendant has located Mr. Ansell.

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IT IS FURTHER ORDERED that the following schedule shall apply to this case:

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EVENT

DATE

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Final Pretrial Conference

11:00 a.m. on 5/24/13

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Joint Final Pretrial Conference Statement, Motions in Limine
and Exchange of Exhibits

5/10/13

Voir Dire Questions, Proposed Jury Instructions, and
Proposed Jury Verdict Forms

5/14/13

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Jury Selection

9:00 a.m. on 6/3/13

Jury Trial2

6/4/-6/5/13 (full days); 6/6/13 (1/2
day a.m.); 6/7/13 (1/2 day p.m.);
6/10/13 (1/2 day a.m.)

Jury Deliberations

6/11-6/12/13

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For the Northern District of California

United States District Court

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IT IS FURTHER ORDERED that the parties shall comply with the Standing Order re:

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Preliminary and Final Pretrial Conference and Trial Preparation, a copy of which is available from

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the Clerk of the Court,3 with regard to all pretrial submissions.

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The court advises the parties that this is the final case schedule. All parties are expected to
comply as directed above. This schedule will not be amended further absent the presentation of
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The court notes that the parties having included deadlines in their joint statement
which do not coincide with the current scheduling order. Pursuant to the Stipulation and Order
Continuing Discovery Deadlines (Docket Item No. 75), the deadlines are, inter alia: close of fact
Discovery on March 1, 2013, close of Expert Discovery on April 16, 2013, and deadline for filing
dispositive motions on April 30, 2013. These are the deadlines which shall remain in effect absent a
showing of good cause for modification.
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Jury trials are held in full day sessions on Tuesdays and Wednesdays, and morning
sessions on Thursdays (9:00 a.m.–12:00 p.m.), unless the Court otherwise specifies. At the Final
Pretrial Conference, the Court reserves the right to add morning sessions on Mondays (9:00
a.m.–12:00 p.m.), thus creating extra half-days for trial. The final trial schedule will be confirmed at
the Final Pretrial Conference.
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A copy of Judge Davila’s standing order is also available on the court’s website at
www.cand.uscourts.gov by clicking first on the “Judges” button, then on Judge Davila’s name, then
on the link for “Judge Davila’s Standing Orders,” and finally on the link for “Standing Order Re
Pretrial Preparation.”
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CASE NO. 5:11-cv-04660 EJD
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good cause necessitating such an amendment.

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IT IS SO ORDERED.
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Dated: February 6, 2013
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EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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CASE NO. 5:11-cv-04660 EJD
PRETRIAL ORDER (JURY TRIAL)