Williams v. Williams
Filing
100
PRETRIAL PREPARATION ORDER. **See Docket No. 96.** (ndr, COURT STAFF) (Filed on 8/6/2012)
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ORDER FOR PRETRIAL PREPARATION
(Prisoner Cases)
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PRETRIAL CONFERENCE
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Not less than 28 days prior to the pretrial conference, each
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party shall file the pretrial conference statement required by
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Civil L.R. 16-10(b)(6).
The pretrial statement shall contain the
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following information:
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(1)
The Action.
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United States District Court
For the Northern District of California
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(A) Substance of the Action. A brief description of the
substance of claims and defenses which remain to be decided.
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(B) Relief Prayed. A detailed statement of all the
relief claimed, particularly itemizing all elements of damages
claimed.
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(2)
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(A) Undisputed Facts. A plain and concise statement of
all relevant facts not reasonably disputed.
The Factual Basis of the Action.
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(B) Disputed Factual Issues. A plain and concise
statement of all disputed factual issues which remain to be
decided.
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(C) Agreed Statement. A statement assessing whether all
or part of the action may be presented upon an agreed
statement of facts.
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(D) Stipulations. A statement of stipulations requested
or proposed for pretrial or trial purposes.
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(3)
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a concise statement of each disputed point of law concerning
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liability or relief.
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(4)
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remaining discovery or motions.
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(5)
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(A) Settlement Discussions. A statement summarizing the
status of settlement negotiations and indicating whether
further negotiations are likely to be productive.
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Disputed Legal Issues.
Without extended legal argument,
Further Discovery or Motions.
A statement of all
Trial Alternatives and Options.
(B)
Consent to Trial Before a Magistrate Judge.
A
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statement whether the parties consent to a court or jury trial
before a magistrate judge, with appeal directly to the Ninth
Circuit.
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(C) Bifurcation, Separate Trial of Issues. A statement
of whether bifurcation or a separate trial of specific issues
is feasible and desired.
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(6)
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of the action, or material to its just, speedy and inexpensive
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determination.
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In addition, each party shall submit the following:
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Miscellaneous.
a.
Any other subjects relevant to the trial
Exhibit List and Objections.
The exhibit list
United States District Court
For the Northern District of California
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required by Civil L.R. 16-10(b)(7) shall list each proposed exhibit
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by its number (see Civil L.R. 30-2(b)), description, and sponsoring
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witness, followed by blanks to accommodate the date on which it is
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marked for identification and the date on which it is admitted into
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evidence.
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case-in-chief that is not disclosed in its exhibit list without
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leave of the Court for good cause shown.
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deliver a set of premarked exhibits to the Courtroom Deputy.
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exhibit markers shall each contain the name and number of the case,
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the number of the exhibit, and blanks to accommodate the date
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admitted and the Deputy Clerk's initials.
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are attached and are also available on the Court’s website at
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www.cand.uscourts.gov.
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b.
No party shall be permitted to offer any exhibit in its
Witness List.
Parties shall also
The
Appropriate sample forms
No party shall be permitted to call
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any witness in its case-in-chief that is not disclosed in its
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pretrial conference statement without leave of the Court for good
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cause shown.
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witnesses they wish to call.
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Each party must arrange to subpoena and produce the
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c.
Use of Discovery Responses.
In addition to the
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requirements of FRCivP 26(a)(3)(B), a designation of any excerpts
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from interrogatory answers or from responses for admissions
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intended to be offered at trial.
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objections to use of these materials.
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d.
Trial briefs.
The parties shall indicate any
Briefs on all significant disputed
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issues of law, including foreseeable procedural and evidentiary
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issues.
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e.
Motions in Limine.
Any motions in limine shall be
United States District Court
For the Northern District of California
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filed with the pretrial conference statement.
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limine shall be contained within one document, limited to 25 pages
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pursuant to Civil L.R. 7-2(b), with each motion listed as a
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subheading.
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within one document, limited to 25 pages, with corresponding
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subheadings, and filed seven (7) days thereafter.
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All motions in
Opposition to the motions in limine shall be contained
f.
Proposed Voir Dire.
The attached voir dire
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questionnaire will be given to the venire members, and copies of
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the responses will be made available to parties at the beginning of
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voir dire.
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voir dire.
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Each party may submit a set of additional requested
g.
Joint Proposed Jury Instructions.
As applicable,
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jury instructions §1.1A, §1.1C, §1.2 through §1.17, §1.19, §2.1
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through §2.13, §3.1 through §3.3 from the Manual of Model Civil
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Jury Instructions for the Ninth Circuit (2007 Edition) will be
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given absent objection.
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additional proposed jury instructions.
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ordered in a logical sequence, together with a table of contents.
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Parties shall each submit one set of
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The instructions shall be
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Authority for each instruction shall be included as part of the
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submission.
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The parties shall email to cwpo@cand.uscourts.gov a copy of
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their proposed jury instructions in WordPerfect or Word format.
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The subject of the email should include the name of the parties,
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the case number and a description of the document.
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h.
Proposed Verdict Forms.
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i.
Proposed Findings of Fact and Conclusions of Law
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(Court Trial only).
The parties shall email to
United States District Court
For the Northern District of California
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cwpo@cand.uscourts.gov a copy of their proposed findings of fact
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and conclusions of law in WordPerfect or Word format.
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of the email should include the name of the parties, the case
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number and a description of the document.
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JURY SELECTION
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The subject
The Jury Commissioner will summon 20 to 25 prospective jurors.
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The Courtroom Deputy will select their names at random and seat
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them in the courtroom in the order in which their names are called.
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Voir dire will be asked of sufficient venire persons so that
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eight (or more for a lengthy trial) will remain after all
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peremptory challenges and an anticipated number of hardship
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dismissals and cause challenges have been made.
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The Court will then take cause challenges, and discuss
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hardship claims from the individual jurors, outside the presence of
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the venire.
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claims and cause challenges will be granted, but will not announce
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those dismissals until the process is completed.
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then list in writing up to three peremptory challenges.
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The Court will inform the parties which hardship
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Each party may
The
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parties will review each other's lists and then submit them to the
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Courtroom Deputy.
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Then, from the list of jurors in numerical order, the Court
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will strike the persons with meritorious hardships, those excused
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for cause, and those challenged peremptorily, and call the first
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eight people in numerical sequence remaining.
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the jury.
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United States District Court
For the Northern District of California
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All jurors remaining at the close of the case will deliberate.
There are no alternates.
SANCTIONS
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Those people will be
Failure to comply with this Order is cause for sanctions under
Federal Rule of Civil Procedure 16(f).
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IT IS SO ORDERED.
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_
______________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
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JUROR QUESTIONNAIRE
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Please fill out this form as completely as possible and print
clearly. Since we want to make copies for the attorneys and the
Court, do not write on the back of any page. If you need more
room, continue at the bottom of the page. Thank you for your
cooperation.
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1.
Your name: ________________________________________________
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2.
Your age: _________________________________________________
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3.
Your place of birth: ______________________________________
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4.
Do you rent or own your own home? _________________________
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United States District Court
For the Northern District of California
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5.
Your marital status: (circle one)
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single
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married
live with partner
separated
divorced
widowed
What is your occupation, and how long have you worked in
it? (If you are retired, please describe your main
occupation when you were working).
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_______________________________________________________________
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_______________________________________________________________
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_______________________________________________________________
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8.
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Who is (or was) your employer?
How long have you worked for this employer? ______________
Please list the occupations of any adults with whom you
live.
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_______________________________________________________________
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10.
If you have children, please list their ages and sex and,
if they are employed, please give their occupations.
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_______________________________________________________________
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_______________________________________________________________
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_______________________________________________________________
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_______________________________________________________________
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Please describe your educational background:
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Highest grade completed: _________________________________
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College and/or vocational schools you have attended:
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_______________________________________________________________
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_______________________________________________________________
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_______________________________________________________________
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Major areas of study:_____________________________________
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12.
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Have you ever served on a jury before? ________
How many
times?________
United States District Court
For the Northern District of California
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If yes:
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When? ____________________________________________________
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Was it a civil or criminal case? _________________________
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Did the jury(ies) reach a verdict? _______________________
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State/County Court _______
Federal Court _______
Attached is a list of the parties in this case, the law firms
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representing the parties, attorneys in this case, and persons
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who are potential witnesses in this case.
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think you know, any of the persons listed?
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Yes:_____
No:_____
If so, make a check next to their name.
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Rev. 6/28/10
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Do you know, or
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