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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ST. PAUL REINSURANCE COMPANY

LIMITED LONDON,

Plaintiff(s),

v.

THE FORT MILLER GROUP, INC.

and BEECHE SYSTEMS

CORPORATION,

Defendant(s).

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No. C05-1912 BZ

ORDER SCHEDULING JURY TRIAL

AND PRETRIAL MATTERS

Following the Case Management Conference, IT IS HEREBY

ORDERED that the Supplemental Joint Case Management Statement

is adopted, except as expressly modified by this Order. It is

further ORDERED that:

1. DATES

Trial Date: Monday, 2/23/2009, 10 days

Pretrial Conference: Tuesday, 2/3/2009, 4 p.m.

Last Day to Hear Dispositive Motions: Wednesday, 12/17/2008

Last Day for Expert Discovery: Friday, 11/7/2008

Last Day for Expert Disclosure: Friday, 10/31/2008
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Close of Non-expert Discovery: Friday, 10/24/2008

Plaintiff to file First Amended Complaint: Tuesday, January

15, 2008

2. DISCLOSURE AND DISCOVERY

The discovery stay is lifted. 

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

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
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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

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. 

4. ALTERNATIVE DISPUTE RESOLUTION

The parties are referred to the Court’s ADR Multi-Option

Program. The parties are ORDERED to participate in a joint

telephone conference with the ADR Unit to consider the

suitability of the ADR options pursuant to ADR Local Rule 3-2

and to undertake a form of ADR by May 1, 2008.. 

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

file trial briefs, Daubert motions, motions in limine,

proposed findings of fact and conclusions of law, 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. Scott; (5)

deliver one extra set of all marked exhibits directly to

Chambers; and (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. Daubert motions and motion in limine

shall be filed and served not less than twenty-one days prior

to the conference. Oppositions shall be filed and served not
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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

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
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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.

All motions, proposed findings of fact and conclusions of

law and trial briefs 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

standard, three-ring binders.

Dated: December 21, 2007

 Bernard Zimmerman

United States Magistrate Judge
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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 made

to resolve disputes over anticipated testimony, exhibits and

witnesses.
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G:\BZALL\-BZCASES\ST. PAUL REINSURANCE\TRIAL SCHEDULING ORDER.wpd 9

 (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 motions in

limine.

 (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.

 (B) Amendments, Dismissals. A

statement of requested or

proposed amendments to pleadings

or dismissals of parties, claims

or defenses.

 (C) Bifurcation, Separate Trial of
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G:\BZALL\-BZCASES\ST. PAUL REINSURANCE\TRIAL SCHEDULING ORDER.wpd 10

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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G:\BZALL\-BZCASES\ST. PAUL REINSURANCE\TRIAL SCHEDULING ORDER.wpd 11

ATTACHMENT 2

USDC USDC

Case No. CV05-01912 BZ Case No. CV05-01912 BZ 

JOINT Exhibit No. JOINT Exhibit No. 

Date Entered Date Entered 

Signature Signature 

 

USDC USDC

Case No. CV05-01912 BZ Case No. CV05-01912 BZ 

JOINT Exhibit No. JOINT Exhibit No. 

Date Entered Date Entered 

Signature Signature 

 

USDC USDC

Case No. CV05-01912 BZ Case No. CV05-01912 BZ 

PLNTF Exhibit No. PLNTF Exhibit No. 

Date Entered Date Entered 

Signature Signature 

 

USDC USDC

Case No. CV05-01912 BZ Case No. CV05-01912 BZ 

PLNTF Exhibit No. PLNTF Exhibit No. 

Date Entered Date Entered 

Signature Signature 

 

USDC USDC

Case No. CV05-01912 BZ Case No. CV05-01912 BZ 

DEFT Exhibit No. DEFT Exhibit No. 

Date Entered Date Entered 

Signature Signature 

 

USDC USDC

Case No. CV05-01912 BZ Case No. CV05-01912 BZ 

DEFT Exhibit No. DEFT Exhibit No. 

Date Entered Date Entered 

Signature Signature