United States District Court, N.D. California
PRETRIAL ORDER NO. 1 FOR DIRECT PURCHASER
DONATO UNITED STATES DISTRICT JUDGE
discussed at the pretrial conference on January 2, 2020,
these procedures will apply for the jury trial of the direct
purchaser plaintiffs' case.
SCHEDULE AND TIME LIMITS
Court will reserve up to five weeks for the trial, beginning
on March 2, 2020, at 9:00 a.m.
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.
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
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
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.
VOIR DIRE, JURY SELECTION AND MINI-OPENINGS
Court will likely seat 8-10 jurors from a 40-person venire.
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.
After the mini-openings, the Court will conduct the voir dire
based on its own questions and questions proposed by 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.
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 ...