The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
AMENDED PRETRIAL ORDER Trial Confirmation and Motions In Limine Hearing: Date: September 21, 2009 Time: 9:00 a.m., Courtroom 2 Trial: Date: September 29, 2009 Time: 8:30 a.m., Courtroom 2
On June 15, 2009, the court set trial in this matter for September 29, 2009. Counsel shall be present at 8:30 a.m. to resolve any remaining matters.
I. Motions In Limine Hearing and Briefing Schedule
The hearing to consider motions in limine will be held on September 21, 2009, at 9:00 a.m. in Courtroom Two. In addition to addressing any filed motions in limine, at that time the court will conduct a trial confirmation hearing and, to the extent possible, address any other outstanding matters pertaining to the conduct of the trial.
By 4:00 p.m. on August 31, 2009, all motions in limine, with supporting points and authorities, shall be filed and served.
By 4:00 p.m. on September 8, 2009, opposition to any motion in limine shall be filed and served. If a party does not oppose a motion in limine, that party shall file and serve in the same manner a Statement of Non-Opposition to that motion in limine.
By 4:00 p.m. on September 14, 2009, replies to any opposition shall be filed and served.
The United States shall file and serve its witness list by 4:00 p.m. on Thursday, September 24, 2009.
All parties are directed to file and serve a trial brief by 4:00 p.m. on Thursday, September 24, 2009.
The parties need not include in a trial brief any issue that is adequately addressed in a motion in limine, or in an opposition brief to a motion in limine. Also, the court does not require in a trial brief the advance disclosure of a party's trial strategy or any information protected from advance disclosure by constitutional, statutory or case authority.
IV. Proposed Jury Instructions
The parties shall file and serve proposed jury instructions by 4:00 p.m. on Thursday, along with a copy of the instructions on a 3-1/2 inch computer disc, preferably formatted for WordPerfect 10.
All proposed jury instructions shall be in duplicate. One set shall indicate the party proposing the instruction, with each instruction numbered or lettered, shall cite supporting authority, and shall include the customary "Given, Given as Modified, or Refused," showing the court's action with regard to each instruction. The other set shall be an exact copy of the first set, but shall be a "clean" copy that does not contain the identification of the offering party, instruction number or letter, supporting authority, or reference to the court's disposition of the proposed instruction.
The parties are ordered to confer after the trial confirmation hearing to determine which instructions they agree should be given. As soon as possible thereafter, the parties shall submit a list of joint, unopposed instructions. As to those instructions to which the parties dispute, the court will conduct its jury instruction conference during trial at a convenient time.
The United States shall lodge with the Courtroom Deputy two sets of its exhibit binder, plus the original and two copies of its exhibit list, by 4:00 p.m. on Thursday, September 24, 2009. The United States shall also serve copies of its exhibit binder and ...