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For the Northern District of California

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UNITED 

STATES 

DISTRICT 

COURT

For the Northern District of California

UNITED STATES DISTRICT COURT

Northern District of California

LEN BRIESE,

Plaintiff(s),

v.

WILLIAM JAMES TILLEY,

Defendant(s).

_____________________________________/

No. C 08-4233 MEJ 

CASE MANAGEMENT ORDER

Having reviewed the parties’ statement of availability, (Dkt. #23), the Court issues the

following case management order.

J. Exchange and filing of Trial Papers:

1. By 8/25/2010 lead counsel who will try the case shall meet and confer with respect to the

preparation and content of the joint pretrial conference statement and shall exchange (but not

file or lodge) the papers described in paragraph 2 below.

2. By 9/9/2010, counsel shall file the papers described in Federal Rule of Civil Procedure

26(a)(3) and a joint pretrial conference statement including the following:

(A) Substance of the Action: A brief description of the substance of claims and defenses

which remain to be decided.

(B) Relief Prayed: A detailed statement of all the relief claimed, particularly itemizing all

elements of damages claimed as well as witnesses, documents or other evidentiary

material to be presented concerning the amount of damages.

(C) Undisputed Facts: A plain and concise statement of all relevant facts not reasonably

disputable, as well as which facts parties will stipulate for incorporation into the trial

record without the necessity of supporting testimony or exhibits.

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For the Northern District of California

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(D) Disputed Factual Issues: A plain and concise statement of all disputed factual issues

which remain to be decided.

(E) Agreed Statement: A statement assessing whether all or part of the action may be

presented upon an agreed statement of facts.

(F) Stipulations: A statement of stipulations requested or proposed for pretrial or trial

purposes.

(G) Witness list: A list of all witnesses to be called for trial. The parties shall submit a

page-length detailed summary of the substance of the proposed testimony of each

witness, which shall also specify to which disputed fact the testimony relates, and an

estimate of the time required for direct and cross examination of each witness. 

(H) Exhibit list: A list of all exhibits to be offered at trial. The list shall state each

proposed exhibit by its number or alphabetical letter, description and sponsoring

witness. All documents shall be authenticated prior to trial.

(I) No party shall be permitted to offer any witness or exhibit that is not disclosed in its

witness or exhibit list, except with leave of the Court for good cause shown. 

(J) Estimated Time of Trial: An estimate of the number of hours needed for the

presentation of each party’s case.

(K) Settlement: A statement summarizing the status of the parties’ settlement

negotiations.

3. Motions in limine: Counsel are directed to meet and confer to resolve any evidentiary 

disputes prior to filing motions in limine. 

(A) Any motions in limine shall be filed by 9/9/2010. 

(B) Any Opposition to motions in limine shall be filed by 9/16/2010. 

(C) These matters will be deemed submitted on the papers without oral argument, unless

the Court orders otherwise.

4. Trial Briefs: Counsel shall file trial briefs setting forth the applicable legal standard,

pursuant to Ninth Circuit authority, for all significant disputed issues of law, including

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foreseeable procedural and evidentiary issues, by 9/24/2010. 

5. Joint Proposed Voir Dire: Counsel shall file a joint set of requested voir dire to be posed by

the Court by 9/24/2010. Any voir dire questions on which counsel cannot agree shall also be

filed separately by 9/24/2010. Counsel will be allowed brief follow-up voir dire after the

Court’s questioning.

6. Joint Proposed Jury Instructions: 

(A) Counsel shall file a joint set of additional proposed jury instructions by 9/24/2010. 

Jury instructions from the Manual of Model Civil Jury Instructions for the Ninth

Circuit should be used whenever possible. The instructions shall be ordered in a

logical sequence, together with a table of contents. 

(B) Any instruction on which counsel cannot agree shall be marked as “disputed” and

included within the jointly submitted instructions and accompanying table of

contents, in the place where the party proposing the instruction believes it should be

given. Argument and authority for and against each disputed instruction shall be

included as part of the joint submission, on a separate page directly following the

disputed instruction. 

(C) The Court prefers that all jury instructions conform to the Manual of Model Civil

Jury Instructions for the Ninth Circuit.

(D) Counsel shall deliver to the Courtroom Deputy a copy of their joint proposed jury

instructions on a portable storage medium (such as a USB thumb drive) in

WordPerfect format. The label shall include the name of the parties, the case number

and be entitled “Proposed Jury Instructions.”

(E) At the close of Defendant’s case in chief, the Court shall hear oral argument on the

disputed jury instructions and will then render its rulings. 

7. Proposed Verdict Forms, Joint or Separate: Counsel shall file any joint proposed verdict

forms, as well as any separate verdict forms, by 9/24/2010. Counsel shall deliver to the

Courtroom Deputy a copy of their joint proposed verdict forms on a portable storage medium

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For the Northern District of California

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in WordPerfect. The label shall include the name of the parties, the case number, and be

entitled “Proposed Verdict Forms.”

K. Pretrial Conference:

On 9/23/2010 at 10:00 a.m., the Court shall hold a pretrial conference in Courtroom B, 15th

Floor, 450 Golden Gate Avenue, San Francisco, California. Lead counsel who will try the

case must attend the pretrial conference. The purpose of the pretrial conference is for the

Court to rule on any issues raised in the pretrial conference statement, motions in limine, and

to discuss the trial of the case.

L. Final Pretrial Conference:

On 10/21/2010 at 10:00 a.m. in Courtroom B, the Court shall hold a final pretrial conference

to address any outstanding trial issues.

M. Trial Date:

1. The trial (including jury selection) shall commence on 10/25/2010 (Trial schedule: Monday

through Thursday, at 1:30 p.m. to 5:00 p.m.). The trial shall last 8 days. 

2. For any documents, including the deposition of a witness testifying at trial, which will be

shown to a witness but not admitted into evidence, counsel shall bring the original plus three

copies of the documents. The original document will be handed to the Court during

testimony and the copies will be given to the witness during the examination and to opposing

counsel. 

3. (A) Counsel shall maintain their own exhibits during trial. Exhibits are to be premarked

with exhibit tags attached to the upper lefthand corner. If a photo or chart is being

used as an exhibit, the exhibit tag should be placed on the back side of the exhibit. 

The Court will only admit premarked exhibits which were listed on the earlier filed

exhibit list.

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(B) Plaintiff shall mark the exhibits numerically; Defendant shall mark the exhibits

alphabetically. The exhibit markers shall each contain the name and number of the

case, the number or alphabetical letter of the exhibit, and blank spaces to

accommodate the date admitted and the Deputy Clerk’s initials. 

4. On the day of trial, counsel shall bring the original premarked exhibits, a copy of the

premarked exhibits for opposing counsel, and two binders which contain a copy of each

side’s premarked exhibits for the Court. The premarked exhibit binders are to be designated

with label dividers and given to the Courtroom Deputy on the morning of the trial.

N. Jury Selection:

1. The Jury Commissioner will summon 20 to 25 prospective jurors. The Courtroom Deputy

will select their names at random and seat them in the courtroom in the order in which their

names are called.

2. Voir dire will be asked of sufficient venire persons that eight (or more for a lengthy trial) will

remain after all peremptory challenges and an anticipated number of hardship dismissals and

cause challenges have been made. 

3. The Court will then take cause challenges and discuss hardship claims from the individual

jurors at side bar. The Court will inform the attorneys which hardship claims and cause

challenges will be granted, but will not announce those dismissals until the process is

completed. Each attorney may then list in writing up to three peremptory challenges. The

attorneys will review each other’s lists and then submit them to the clerk.

4. From the list of jurors in numerical order, the Court will strike the persons with meritorious

hardships, those excused for cause, and those challenged peremptorily. The Court will then

call the first eight people in numerical sequence remaining. These people will be the jury. 

All jurors remaining at the close of the case will deliberate. There are no alternates (unless

there is a lengthy trial).

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COURT

For the Northern District of California

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UNITED 

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DISTRICT 

COURT

For the Northern District of California

O. Sanctions:

Failure to comply with this Order is cause for sanctions under Federal Rule of Civil

Procedure 16(f).

P. Transcripts and Recording Devices:

1. Counsel requesting a daily transcript shall contact Debra Campbell, Supervisor Court

Reporting Services, at (415) 522-2079, at least ten days in advance of the trial date.

2. If any video or tape recording equipment or demonstrative devices will be used, a signed

order will need to be obtained at least ten days in advance of the trial date for the items to

clear security.

Q. Questions:

All questions regarding these instructions should be directed to Brenda Tolbert, Courtroom

Deputy Clerk to Judge James, at (415) 522-4708.

IT IS SO ORDERED.

Dated: April 6, 2010 _______________________________

Maria-Elena James 

Chief United States Magistrate Judge 

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