UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

 

BRUCE McGREGOR, 

 

Plaintiff,

 v. 

 

CROSS LINK, INC. et al., 

 

Defendant.

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No. C-08-5001 SC 

ORDER RE: JURY TRIAL

PREPARATION FOR JUDGE

SAMUEL CONTI 

____________________________________ )

JURY TRIAL PREPARATION FOR JUDGE CONTI

A. Required Submissions

No later than fourteen (14) calendar days before trial, each

party shall e-file with this court, serve upon all other parties,

and provide to the court three courtesy copies directly to

chambers of the following: 

(1) A JOINT agreed upon, brief statement of the case to

 be read to the jury prior to trial.

Case 3:08-cv-05001-SC Document 57 Filed 04/29/10 Page 1 of 10
(2) Proposed Voir Dire questions.

(3) A trial brief.

(4) A list of exhibits conforming substantially to the form

attached as Appendix A. Upon request of a party, any party shall

make the original of any exhibit available for inspection and/or

copying.

(5) A list of witnesses, including expert witnesses, in the

expected order of their presentation. The witness list shall

also include:

(a) a brief statement as to the content of the

witness' testimony;

(b) an estimate of the time of the witness' testimony,

on both direct and cross examination; 

(c) any expert testimony shall strictly comply

with FRCP Rule 26(a).

(d) any Daubert objections to the testimony of any

expert or witness should be raised with the Court

by motion ten (10) days before trial, or objection

is WAIVED.

No witnesses other than those on said list shall be allowed to

testify, except upon express order of this court.

(6) A statement designating all excerpts from depositions

(specifying the witness' name, with page and line references),

Case 3:08-cv-05001-SC Document 57 Filed 04/29/10 Page 2 of 10
answers to interrogatories, and responses to requests for

admission to be offered at trial for any purpose other than

impeachment or rebuttal.

(7) JOINT jury instructions (see section C. infra).

(8) A proposed form of verdict.

(9) Motions in Limine will be heard at the pretrial

conference. Motions in limine are to be filed and served no

later than ten (10) days prior to the pretrial conference,

oppositions are to be filed and served no later than five (5)

days prior to the pretrial conference.

B. Exhibit Binders

Exhibits that can be reduced to 8.5" by 11" form (i.e.

written documents, photographs, etc.) should be placed in threering binders with each exhibit tabbed on the side. A copy of the

exhibit list should be placed in the front of the binder. 

Binders should be clearly labeled on the outside as to which

party's exhibits and what exhibit numbers they contain. The

parties should prepare three (3) sets of binders: one for the

Judge, one for the witness to refer to, and one for the clerk to

act as the original. The original copy should have an exhibit

marker stapled to the first page of each exhibit in the lower

right hand corner. The exhibit marker must appear substantially

in the following form:

Case 3:08-cv-05001-SC Document 57 Filed 04/29/10 Page 3 of 10
United States District Court

Northern District of California

Case No. ____________________________

{Name of Party}'s Exhibit No. _______

Date Entered: ______________________

Clerk, United States District Court

By: ________________________________

 Deputy Clerk

These binders are to be delivered directly to Judge Conti's

Chambers no later than three (3) days before the date of trial. 

They are not to be filed in the clerk's office.

C. Proposed Jury Instructions

No later than fourteen (14) calendar days before the trial

date, the parties shall e-file and provide the Court with three

courtesy copies of identical sets of JOINT proposed jury

instructions. The parties are ordered to meet, confer, and

prepare said complete set of jury instructions. This complete

set of all proposed instructions upon which the parties agree

must include all standard instructions regarding the role of

jurors, organization of the jury, communication with the court,

etc. Failure to submit an agreed upon instruction on a matter of

law as to which there is no substantial ground for difference of

opinion may be considered a sufficient ground for the imposition

of sanctions on counsel.

Case 3:08-cv-05001-SC Document 57 Filed 04/29/10 Page 4 of 10
In addition, the parties shall e-mail a complete set of

instructions in Word format to Judge Conti’s proposed order mail

box, scPO@cand.uscourts.gov.

Each individual proposed instruction shall be concise and

free from argument, and typewritten on separate pages. Each

proposed instruction should include the heading 

JURY INSTRUCTION NO. ____ 

centered at the top of the first page of the instruction. 

Each set shall include two (2) separate copies of the

proposed instructions. Each instruction in the first copy should

include a title briefly stating the general subject matter of the

instruction and should be free from citation to supporting

authority or other extraneous references.

Each instruction in the second copy should include citations to

supporting authority whenever available, but should be identical

to instruction in the first copy in all other respects. An

example is attached as Appendix B.

With each set of instructions, the parties shall include an

index to the proposed instructions. 

IT IS SO ORDERED.

Dated: April, 29, 2010 

____________________________ 

 United States District Judge

Case 3:08-cv-05001-SC Document 57 Filed 04/29/10 Page 5 of 10
INSTRUCTIONS FOR COMPLETING EXHIBIT MARKERS AND EXHIBIT LIST

EXHIBIT MARKERS

Counsel should fill in the appropriate markers leaving the

"Date Entered" and "Deputy Clerk" lines blank.

Plaintiff's exhibits should be denoted as: P-1, P-2, P-3,

etc. Defendant's exhibits should be denoted as: D-501, D-502,

D-503, etc.

EXHIBIT LIST

Counsel are to supply all the requested information with the

exception of the two "Date Boxes."

COLOR OF EXHIBIT BINDERS

Plaintiff's exhibit binders must be black and Defendant's

exhibit binders must be blue.

A P P E N D I X A.

Case 3:08-cv-05001-SC Document 57 Filed 04/29/10 Page 6 of 10
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Case No. 

PLAINTIFF Exhibit No. 

Date Entered: 

RICHARD W. WIEKING, CLERK

By: 

Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Case No. 

DEFENDANT Exhibit No. 

Date Entered: 

RICHARD W. WIEKING, CLERK

By: 

Deputy Clerk

UNITED STATES DISTRICT

COURT

NORTHERN DISTRICT OF CALIFORNIA

Case No. 

PLAINTIFF Exhibit No. 

Date Entered: 

RICHARD W. WIEKING, CLERK

By: 

Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Case No. 

DEFENDANT Exhibit No. 

Date Entered: 

RICHARD W. WIEKING, CLERK

By: 

Deputy Clerk

UNITED STATES DISTRICT

COURT

NORTHERN DISTRICT OF CALIFORNIA

Case No. 

PLAINTIFF Exhibit No. 

Date Entered: 

RICHARD W. WIEKING, CLERK

By: 

Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Case No. 

DEFENDANT Exhibit No. 

Date Entered: 

RICHARD W. WIEKING, CLERK

By: 

Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Case No. 

PLAINTIFF Exhibit No. 

Date Entered: 

RICHARD W. WIEKING, CLERK

By: 

Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Case No. 

DEFENDANT Exhibit No. 

Date Entered: 

RICHARD W. WIEKING, CLERK

By: 

Deputy Clerk

Case 3:08-cv-05001-SC Document 57 Filed 04/29/10 Page 7 of 10
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CASE NO. DATE 

 vs. 

EXHIBIT LIST

 ( ) PLAINTIFF ( ) DEFENDANT

EXHIBIT

NUMBER

DATE DESCRIPTION

Marked for

Identification

Admitted in

Evidence

Case 3:08-cv-05001-SC Document 57 Filed 04/29/10 Page 8 of 10
JURY INSTRUCTION NO. ____

Unintentional Tort -- Negligence -- Defined

Negligence is the doing of some act which a reasonably prudent

person would not do . . . 

. . . etc. 

 

A P P E N D I X B. 

Case 3:08-cv-05001-SC Document 57 Filed 04/29/10 Page 9 of 10
JURY INSTRUCTION NO. ____

Unintentional Tort -- Negligence -- Defined

Negligence is the doing of some act which a reasonably prudent

person would not do . . . 

. . . etc. 

Source: Ninth Circuit Model Jury Instructions § 80.03

A P P E N D I X B. (cont.)

Case 3:08-cv-05001-SC Document 57 Filed 04/29/10 Page 10 of 10