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 UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WEATHER UNDERGROUND, INC.,

Plaintiff(s),

v.

NAVIGATION CATALYST SYSTEMS, INC.,

Defendant(s).

 /

CASE NO. 09-10756

HON. MARIANNE O. BATTANI 

 AMENDED CIVIL TRIAL MANAGEMENT ORDER

IT IS ORDERED that trial counsel shall comply with the following dates and appear

as scheduled in the Courtroom of Judge Marianne Battani, 277 U.S. Courthouse, 231 W.

Lafayette, Detroit, Michigan. 

EVENT DATE

 MOTIONS IN LIMINE WILL BE HEARD FIRST

DAY OF TRIAL

MAY 21, 2012 SUBMISSION OF JOINT BENCH

BOOK

TRIAL DATE: MAY 29, 2012 @ 9:00

A.M.

IT IS FURTHER ORDERED that counsel shall jointly prepare a BENCH BOOK

for use by the Court at trial and deliver it to the Court at the Final Pretrial Conference.

The BENCH BOOK shall be compiled in a three-ring binder and include the following

appropriately identified sections:

1. Administrative Section

a. Identify the parties, representatives, and attorneys, including firm

names.

b. Estimate the length of the trial in half-day (four-hour) blocks.

c. Give a brief description of any miscellaneous matters of which the

court should be aware, e.g. accommodations for a handicapper or

facilities for large exhibits.

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2. Theory of the Case

a. Prepare a brief joint theory of the case to be used to advise the jury

of the nature of the action.

b. The Court will read this theory to the jury before voir dire.

3. Voir Dire 

a. The Court conducts voir dire. The attorneys may ask the Court to make

specific follow-up inquiries when necessary.

b. The following standard questions are asked by the Court: name,

residence, employment, marital status, spouse’s employment, prior jury

service, criminal convictions, health issues, attendance issues, burden of

proof, and nature of case issues. 

c. List no more than fifteen other inquiries specific to the cause(s) of action

that you want the Court to make.

d. Jury selection procedure will be discussed with counsel during the final

pretrial conference.

4. Witness List

a. List witnesses reasonably expected to be called for each party, specifically

identifying experts.

b. Estimate anticipated length of direct and cross-examination of each

witness.

5. Exhibits

a. Prepare a table of proposed exhibits with the following columns:

Received No. Description (blank)

i. Exhibits should be numbered consecutively starting with P1 and

D1, respectively. 

ii. Mark all documents in the lower right-hand corner in advance of

trial.

iii. An “S” is to be placed in the column labeled “Received”for all

stipulated exhibits.

iv. Marking an exhibit does not mandate its use at trial.

b. STIPULATED EXHIBITS SHOULD BE INDICATED ON THE

EXHIBIT TABLE BEFORE THE EXHIBIT BOOK IS GIVEN TO THE

COURT AT THE FINAL PRETRIAL CONFERENCE.

c. The actual exhibits are to be organized in a separate binder(s) and tabbed.

The first page of the binder should be an index of the exhibits contained

in it. Courtesy copies are required for opposing counsel and the Judge

and will be exchanged at the Final Pretrial Conference. If the exhibits

are voluminous, copies may be submitted on disc rather than organized

in a binder. 

d. The provisions of FED.R.CIV.P. 37(c)(1) will apply for failure to list an

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exhibit.

e. Note: Admitted exhibits are to be displayed during trial on either the

Document Projector or other electronic device. Voluminous documents

must be presented through the use of evidence presentation software such

as Trial Director. Hard copies of admitted exhibits will still be needed for

submission to the jury during deliberation. 

6. Final Jury Instructions

a. Include proposed final instructions with each on a separate, consecutively

numbered page with supporting authority when necessary. 

b. Prepare and include proposed jury verdict forms.

c. Jury instructions and verdict form compatible with Word are also to be

submitted on disc.

d. Before closing Plaintiff shall provide a final copy of the instructions

without citations and in suitable format for the jury.

7. Evidentiary Issues

a. Submit a statement of anticipated legal issues on which you believe the

Court will need to rule during the course of the trial. 

b. Supply supporting law for your position. 

8. Motions in Limine

a. File on or before the date contained in this order.

b. Hearing will be on the same date as the final pretrial conference, unless

for good cause counsel requests an earlier date from the case manager.

9. Findings of Fact and Conclusions of Law (bench trials only)

a. Submit a statement of stipulated facts.

b. Each party shall provide proposed findings of fact and conclusions of law.

Any questions regarding this order are to be addressed promptly by calling Bernadette M.

Thebolt, case manager, at 1-313-234-2627. If another conference with the Court would be

beneficial in the administration or settlement of the case, please call Bernadette M. Thebolt

to schedule it.

Dated: March 12, 2012 s/Marianne O. Battani 

Marianne O. Battani

U.S. District Court Judge

CERTIFICATE OF MAILING

I certify that a copy of this order was served electronically upon all parties of record.

Dated: March 12, 2012 s/Bernadette M. Thebolt 

 Bernadette M. Thebolt 

 Case Manager (313) 234-2627

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