BioZone Laboratories, Inc. v. Next Step Laboratories Corp.

Filing 73

PRETRIAL PREPARATION ORDER. The parties are REFERRED to Magistrate Judge Virginia K. DeMarchi for a settlement conference to occur no later than 9/4/2018. The parties must contact Judge DeMarchi's courtroom deputy to schedule the conference. Signed by Judge Nathanael Cousins on 7/13/2018. (lmh, COURT STAFF) (Filed on 7/13/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BIOZONE LABORATORIES, INC.,

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United States District Court
Northern District of California

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Plaintiff,

PRETRIAL PREPARATION
ORDER

v.

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Case No. 17-cv-02768-NC

NEXT STEP LABORATORIES CORP.,
et al.,

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Defendants.
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A jury trial is scheduled in this case on September 17, 2018. A pretrial conference

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is scheduled for September 5, 2018, at 2:00 p.m. in Courtroom 5, San Jose. This order

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prepares for the trial.
Additionally, the parties are referred to Magistrate Judge Virginia DeMarchi for a

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settlement conference to occur no later than September 4, 2018. The parties must contact

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Judge DeMarchi’s courtroom deputy to schedule the conference.

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I.

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MOTIONS IN LIMINE
The parties must file their motions in limine by August 22, 2018, with responses

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due by August 29, 2018. No party may file a reply without leave of Court. The total

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number of pages each party submits for all motions and all responses must not exceed 15

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pages. While it is up to each party to decide how much space to allocate for their motions

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and how much for their responses, the parties must each stay within the 15-page limit (e.g.,

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a party can allocate 9 pages for their motions, and 6 pages for their responses). The Court

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will hold a hearing on the motions in limine at the pretrial conference.

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II.

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JOINT TRIAL READINESS BINDER
The parties are ordered to provide the Court with two copies of a Joint Trial

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Readiness Binder. The documents and binder are due by August 22, 2018, at 12 p.m. at

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the San Jose Courthouse. The parties must also file a copy of the Joint Trial Readiness

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Binder in ECF. The Joint Trial Readiness Binders must contain an index and copies of

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filed documents with the ECF header reflecting the item’s docket number and filing date,

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including:

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A. Proposed Order Re: Trial Stipulations
The Court expects that the parties will agree to a variety of stipulations regarding

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the conduct of the trial. A proposed order outlining all such stipulations must be presented

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to the Court.

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B. Witness Lists
The parties must submit an updated list of all witnesses likely to be called at trial

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(other than solely for impeachment or rebuttal), with a brief statement following each

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name describing the substance of the testimony to be given and a time estimate of the

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direct and cross examinations. This information must be presented in chart format and

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organized by party. Witnesses who will be testifying as experts should be identified as

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such and included in a separate expert witness list (see below).

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C. Expert Witness Lists
The parties must submit an updated list of all expert witnesses with a summary

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which must clearly describe the expert’s theories and conclusions; a curriculum vitae; and

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expert reports. Witnesses not included on the list may be excluded from testifying.

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D. Updated Exhibit Lists Annotated with Stipulations/Objections

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The parties must submit an updated list of all documents and other items to be

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offered as exhibits at the trial (other than solely for impeachment or rebuttal), with a brief

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description of each exhibit’s contents, and the identity of each sponsoring witness. As

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applicable, the exhibit list must specify whether the parties stipulate to admit the exhibit or
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the grounds for any objections to the exhibit. The exhibit list must also include an

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additional column so that the Court can track the date on which each exhibit is admitted.

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Prior to submitting the list, the parties must meet and confer and attempt to stipulate as to

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the admissibility of each exhibit. This information must be presented in chart format and

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organized numerically.
E. Updated List of Discovery Excerpts

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The parties must list those excerpts from depositions, from interrogatory answers,

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or from responses to requests for admission (other than those solely for impeachment or

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rebuttal) likely to be used as trial. Prior to submitting the list, the parties must meet and
confer and attempt to resolve any disagreements regarding designations or counter-

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designations. The parties must (i) identify any remaining legal objections to the excerpts

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on the list itself, and (ii) attach in a separate appendix copies of the disputed excerpts so

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that the Court can review the disputed materials. The parties must provide a single

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proposed order with each disputed designation which will allow the Court to rule on

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whether permission to use each is granted, granted with modification, or denied.

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F. Voir Dire Questions

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The parties must include any proposed jury questionnaire or questions for the court-

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directed voir dire, if applicable. If any questions are contested, each party must state the

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basis for proposing or opposing the question.

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III.

ELECTRONIC COPIES OF TRIAL DOCUMENTS
The parties must send an electronic copy in Word format to

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[e-mail] of the following documents listed above: (i) Proposed Order Re:

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Trial Stipulations; and (ii) Proposed Order Re: Discovery Excerpts.

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IV.

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STIPULATIONS RE: ADMISSIBILITY
The parties must make a good faith effort to stipulate to exhibits’ admissibility. If

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stipulation is not possible, the parties must make every effort to stipulate to authenticity

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and foundation absent a legitimate objection.

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V.

EXHIBITS
Exhibits must be provided to the Court by August 22, 2018, at 12:00 p.m. at the San

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Jose Courthouse as follows: two sets of exhibits marked, tabbed, indexed, and to be

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provided in binders. Exhibit sets may be delivered/mailed directly to Chambers in San

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Jose. The parties must otherwise coordinate with the Courtroom Deputy for other

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delivery.
Each exhibit must be pre-marked with an exhibit tag placed in the top right corner

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of the first page of a document. Parties are to use a color other than white for the exhibit

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tags. A page of blank trial exhibit tags can be found on the Court’s website. If an exhibit

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is a physical object (rather than a document), a picture should be taken and placed in the

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binder.
Upon the conclusion of the trial, each party must retain its exhibit through the

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appellate process. It is each party’s responsibility to make arrangement with the Clerk of

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Court to file the record on appeal.

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VI.

SCHEDULING OF JURY SELECTION
The parties must notify the Court whether they wish to proceed with a jury or bench

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trial by August 22, 2018. If the parties decide to proceed with a jury trial, the jury will be

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selected September 17, 2018. Opening statements will be on September 17 after jury

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selection. The first witness will be called on September 18.

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VII.

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JURY INSTRUCTIONS
If applicable, the parties must submit jointly to the Court via email in Word format

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to [e-mail] a set of jury instructions by August 22, 2018. If any

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instructions are contested, each party must state the legal basis for proposing or opposing

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the instructions.

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VIII. SUMMARY OF CASE STATEMENT

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By August 22, 2018, the parties must jointly submit an agreed-upon summary of the

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case, not to exceed one page. This statement of the case will be read to the jury at jury

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selection. If the parties cannot agree on such a statement, each party must submit its own
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summary, not to exceed one page.

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IX.

TRIAL LIMITS
The Court anticipates giving each side a total of 8 hours to present its case. This

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includes all aspects of trial (e.g., objections, examinations) except jury selection.

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X.

MISCELLANEOUS

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Electronic Equipment

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If a party wishes to use electronic equipment or other large items (such as

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bookshelves), the party must file a request and proposed order with the Court by August

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22, 2018.
Equipment not provided by the Court must be tested in the courtroom prior to the

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day when it will be used. Arrangements may be made with the Courtroom Deputy, Lili

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Harrell at [phone], as to an appropriate time for doing so.

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Questions from Jury

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If the parties select a jury trial, the Court will give an instruction to allow questions

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from the jury in accordance with Ninth Circuit Model Instruction 1.15 (“Questions to

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Witnesses by Jurors”).

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IT IS SO ORDERED.

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Dated: July 13, 2018

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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Case No. 17-cv-02768-NC

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