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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FIRE INNOVATIONS, LLC,

Plaintiff(s),

V.

RIT RESCUE & ESCAPE SYSTEMS,

INC.,

Defendant(s).

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No. C09-1703 BZ

ORDER SCHEDULING 

JURY TRIAL AND

PRETRIAL MATTERS

Following a Status Conference, IT IS HEREBY ORDERED that:

1. DATES

Trial Date: Monday, 2/7/2011, 10 days

2. DISCLOSURE AND DISCOVERY

The parties are reminded that a failure to voluntarily

disclose information pursuant to Federal Rule of Civil

Procedure 26(a) or to supplement disclosures or discovery

responses pursuant to Rule 26(e) may result in exclusionary

sanctions. Thirty days prior to the close of non-expert

discovery, lead counsel for each party shall serve and file a

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certification that all supplementation has been completed.

In the event a discovery dispute arises, lead counsel for

each party shall meet in person or, if counsel are outside the

Bay Area, by telephone and make a good faith effort to resolve

their dispute. Exchanging letters or telephone messages about

the dispute is insufficient. The Court does not read

subsequent positioning letters; parties shall instead make a

contemporaneous record of their meeting using a tape recorder

or a court reporter.

 In the event they cannot resolve their dispute, the

parties must participate in a telephone conference with the

Court before filing any discovery motions or other papers. 

The party seeking discovery shall request a conference in a

letter filed electronically not exceeding two pages (with no

attachments) which briefly explains the nature of the action

and the issues in dispute. Other parties shall reply in

similar fashion within two days of receiving the letter

requesting the conference. The Court will contact the parties

to schedule the conference.

3. MOTIONS

Consult Civil Local Rules 7-1 through 7-5 and this

Court’s standing orders regarding motion practice. Motions

for summary judgment shall be accompanied by a statement of

the material facts not in dispute supported by citations to

admissible evidence. The parties shall file a joint statement

of undisputed facts where possible. If the parties are unable

to reach complete agreement after meeting and conferring, they

shall file a joint statement of the undisputed facts about

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which they do agree. Any party may then file a separate

statement of the additional facts that the party contends are

undisputed. A party who without substantial justification

contends that a fact is in dispute is subject to sanctions. 

A Chambers copy of all briefs shall be e-mailed in

WordPerfect or Word format to the following address:

bzpo@cand.uscourts.gov. 

4. SETTLEMENT

This case is referred for assignment to a Magistrate

Judge to conduct a settlement conference in JUNE OR JULY of

2010. Counsel will be contacted by that judge's chambers with

a date and time for the conference. 

5. PRETRIAL CONFERENCE

Not less than thirty days prior to the date of the

pretrial conference, the parties shall meet and take all steps

necessary to fulfill the requirements of this Order.

Not less than twenty-one days prior to the pretrial

conference, the parties shall: (1) serve and file a joint

pretrial statement, containing the information listed in

Attachment 1, and a proposed pretrial order; (2) serve and

file trial briefs, Daubert motions, motions in limine, and

statements designating excerpts from discovery that will be

offered at trial (specifying the witness and page and line

references); (3) exchange exhibits, agree on and number a

joint set of exhibits and number separately those exhibits to

which the parties cannot agree; (4) deliver all marked trial

exhibits directly to the courtroom clerk, Ms. Yiu; (5) deliver

one extra set of all marked exhibits directly to Chambers; and

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(6) submit all exhibits in three-ring binders. Each exhibit

shall be marked with an exhibit label as contained in

Attachment 2. The exhibits shall also be separated with

correctly marked side tabs so that they are easy to find.

No party shall be permitted to call any witness or offer

any exhibit in its case in chief that is not disclosed at

pretrial, without leave of Court and for good cause.

Lead trial counsel for each party shall meet and confer

in an effort to resolve all disputes regarding anticipated

testimony, witnesses and exhibits. All Daubert motions,

motions in limine, and objections will be heard at the

pretrial conference. Not less than eleven days prior to the

pretrial conference, the parties shall serve and file any

objections to witnesses or exhibits or to the qualifications

of an expert witness. Oppositions shall be filed and served

not less than eleven days prior to the conference. There

shall be no replies.

Not less than twenty-one days prior to the pretrial

conference the parties shall serve and file requested voir

dire questions, jury instructions, and forms of verdict. The

following jury instructions from the Manual of Model Civil

Jury Instructions for the Ninth Circuit (2007 ed.) will be

given absent objection: 1.1C, 1.2, 1.6-1.14, 1.18, 1.19, 2.11,

3.1-3.3. Do not submit a copy of these instructions. Counsel

shall submit a joint set of case specific instructions. Any

instructions on which the parties cannot agree may be

submitted separately. The Ninth Circuit Manual should be used

where possible. Each requested instruction shall be typed in

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full on a separate page with citations to the authority upon

which it is based. Proposed jury instructions taken from the

Ninth Circuit Manual need only contain a citation to that

source. Any modifications made to proposed instructions taken

from a manual of model instructions must be clearly indicated. 

In addition, all proposed jury instructions should conform to

the format of the Example Jury Instruction attached to this

Order. Not less than eleven days prior to the pretrial

conference, the parties shall serve and file any objections to

separately proposed jury instructions.

Jury instructions that the Court has given in prior cases

may be downloaded from the Northern District website at 

http:\\www.cand.uscourts.gov. (Instructions are located on

the "Judge Information" page for Magistrate Judge Zimmerman). 

The Court will generally give the same instructions in cases

involving similar claims unless a party establishes, with

supporting authorities, that the instruction is no longer

correct or that a different instruction should be given. CACI

instructions generally will be given instead of BAJI

instructions.

A copy of all pretrial submissions, except for exhibits,

shall be e-mailed in WordPerfect or Word format to the

following address: bzpo@cand.uscourts.gov

At the time of filing the original with the Clerk's

Office, two copies of all documents (but only one copy of the

exhibits) shall be delivered directly to Chambers (Room 15-

6688). Chambers’ copies of all pretrial documents shall be

three-hole punched at the side, suitable for insertion into

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standard, three-ring binders.

Dated: January 5, 2010

 Bernard Zimmerman 

 United States Magistrate Judge

G:\BZALL\-BZCASES\FIRE INNOVATIONS V. RIT RESCUE\PRETRIAL ORDER.wpd

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EXAMPLE PROPOSED JURY INSTRUCTION

For Chambers of Magistrate Judge Zimmerman

A proposed jury instruction should contain the

following elements in the following order: (1) the name of

the party submitting the instruction; (2) the title of the

instruction; (3) the text of the instruction; (4) the

authority for the instruction; (5) blank boxes for the Court

to note whether it gives the instruction, refuses to give

it, or gives it as modified. The following proposed

instruction contains these elements.

________’s Proposed Instruction No. _____.

(Party)

[Title]

[Text]

[Authority]

 GIVEN REFUSED GIVEN AS MODIFIED

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ATTACHMENT 1

The parties shall file a joint pretrial conference

statement containing the following information:

 (1) The Action.

 (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 each party's

position on 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 those damages.

 (2) The Factual Basis of the Action.

 (A) 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.

 (B) Disputed Factual Issues. A

plain and concise statement of

all disputed factual issues

which remain to be decided.

 (C) Agreed Statement. A statement

assessing whether all or part

of the action may be presented

upon an agreed statement of

facts.

 (D) Stipulations. A statement of

stipulations requested or

proposed for pretrial or trial

purposes.

 (3) Trial Preparation.

A brief description of the efforts the parties have

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made to resolve disputes over anticipated testimony,

exhibits and witnesses.

 (A) Witnesses to be Called. In

lieu of FRCP 26(a)(3)(A), a

list of all witnesses likely

to be called at trial, other

than solely for impeachment or

rebuttal, together with a

brief statement following each

name describing the substance

of the testimony to be given.

 (B) Estimate of Trial Time. An

estimate of the number of

court days needed for the

presentation of each party's

case, indicating possible

reductions in time through

proposed stipulations, agreed

statements of facts, or

expedited means of presenting

testimony and exhibits.

 (C) Use of Discovery Responses. In

lieu of FRCP 26(a)(3)(B), cite

possible presentation at trial

of evidence, other than solely

for impeachment or rebuttal,

through use of excerpts from

depositions, from

interrogatory answers, or from

responses to requests for

admission. Counsel shall

state any objections to use of

these materials and that

counsel has conferred

respecting such objections.

 (D) Further Discovery or Motions.

A statement of all remaining

motions, including Daubert

motions.

 (4) Trial Alternatives and Options.

 (A) Settlement Discussion. A

statement summarizing the

status of settlement

negotiations and indicating

whether further negotiations

are likely to be productive.

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 (B) Amendments, Dismissals. A

statement of requested or

proposed amendments to

pleadings or dismissals of

parties, claims or defenses.

 (C) Bifurcation, Separate Trial of

Issues. A statement of whether

bifurcation or a separate

trial of specific issues is

feasible and desired.

 (5) Miscellaneous.

Any other subjects relevant to the trial of the action,

or material to its just, speedy and inexpensive

determination.

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ATTACHMENT 2

USDC USDC

Case No. CV08-04196 BZ Case No. CV08-04196 BZ 

JOINT Exhibit No. JOINT Exhibit No. 

Date Entered Date Entered 

Signature Signature 

USDC USDC

Case No. CV08-04196 BZ Case No. CV08-04196 BZ 

JOINT Exhibit No. JOINT Exhibit No. 

Date Entered Date Entered 

Signature Signature 

USDC USDC

Case No. CV08-04196 BZ Case No. CV08-04196 BZ 

PLNTF Exhibit No. PLNTF Exhibit No. 

Date Entered Date Entered 

Signature Signature 

USDC USDC

Case No. CV08-04196 BZ Case No. CV08-04196 BZ 

PLNTF Exhibit No. PLNTF Exhibit No. 

Date Entered Date Entered 

Signature Signature 

USDC USDC

Case No. CV08-04196 BZ Case No. CV08-04196 BZ 

DEFT Exhibit No. DEFT Exhibit No. 

Date Entered Date Entered 

Signature Signature 

USDC USDC

Case No. CV08-04196 BZ Case No. CV08-04196 BZ 

DEFT Exhibit No. DEFT Exhibit No. 

Date Entered Date Entered 

Signature Signature 

Case 3:09-cv-01703-BZ Document 49 Filed 01/05/10 Page 11 of 11