In re Capacitors Antitrust Litigation

          PRETRIAL ORDER NO. 1 FOR DIRECT PURCHASER PLAINTIFFS' TRIAL

          JAMES DONATO UNITED STATES DISTRICT JUDGE

         As discussed at the pretrial conference on January 2, 2020, these procedures will apply for the jury trial of the direct purchaser plaintiffs' case.

         I. SCHEDULE AND TIME LIMITS

         1. The Court will reserve up to five weeks for the trial, beginning on March 2, 2020, at 9:00 a.m.

         2. Trial days are Monday through Thursday. Fridays are reserved for the Court's other matters, but may be used here if the case is ready for closings or the jury is deliberating.

         3. Trial is held each trial day from 9:00 a.m. to 2:00 p.m., with two 15-minute breaks. The Court will set aside time before the jury is seated at 9:00 a.m. as needed to address urgent matters.

         4. Each side will have up to 3 hours for opening statements. Duplicative statements by co-parties will not be allowed. The parties are directed to meet and confer on a deadline for exchanging demonstratives to be used in each side's opening statements.

         5. Trial time will be divided equally between the two sides. As specified in the Court's civil trial standing order, the Courtroom Deputy, Ms. Lisa Clark, will have the final word on the time count.

         II. VOIR DIRE, JURY SELECTION AND MINI-OPENINGS

         1. The Court will likely seat 8-10 jurors from a 40-person venire.

         2. The Court intends to have the parties give “mini-openings” to the venire as an introduction to the case. Each side should have a 3-4 minute statement that provides a high-level, non-argumentative overview of the case, and be prepared to share it with the Court in rough detail at the final pretrial conference on February 13, 2020.

         3. After the mini-openings, the Court will conduct the voir dire based on its own questions and questions proposed by the parties.

         4. The parties will have three peremptory challenges per side, pursuant to 28 U.S.C. § 1870. For good cause, the parties may request additional peremptory challenges no later than the final pretrial conference.

         5. The Court will use the “strike and replace” method for jury selection. A prospective juror not excused after a round of challenges will be deemed a member ...